THE RETIREMENT ANALYSIS KIT ONLINE (“TRAK-ONLINE”)
END USER LICENSE AGREEMENT (“EULA”)
This TRAK-Online EULA is a legal agreement (“AGREEMENT”) between you (either an individual or, if purchased or otherwise acquired by or for an entity, an entity) and RetireReady Solutions, an assumed business name of Trust Builders, Inc. By using or subscribing to TRAK-Online, you agree to be bound by the terms and conditions of this AGREEMENT. If you do not agree with the terms and conditions of this AGREEMENT, you are prohibited from using TRAK-Online. This AGREEMENT may be modified from time to time by RetireReady Solutions; if that happens, RetireReady Solutions will either provide you with written notice (which may be by email) or post an updated version on its website, https://retireready.com/. Your continued use of TRAK-Online after the AGREEMENT is updated will be deemed to be your acceptance of such updated AGREEMENT.
GRANT OF SUBSCRIPTION
RetireReady Solutions grants you a non-exclusive and non-transferable limited subscription to use TRAK-Online, and to use the written materials accompanying TRAK-Online(“Documentation”), in the United States and in accordance with the terms and conditions of this AGREEMENT.
TRAK-Online is for use by an individual, or by an assistant to that individual. An assistant may not be an individual whose function is to use TRAK-Online, or reports generated therefrom, for education of and/or sales to clients. TRAK-Online and reports generated from TRAK-Online may be used only by the subscribed individual for education of and/or sales to clients.
TRAK-Online and reports generated therefrom may only be used for education of and/or sales to clients after a subscription has been purchased. If a trial version of TRAK-Online is used for education or/or education to clients, a subscription must be immediately purchased from RetireReady Solutions.
Violation of these terms may result in termination of the subscription without refund, in addition to any other rights or remedies available at law or in equity to RetireReady Solutions.
COPYRIGHT AND OTHER PROPRIETARY RIGHTS
TRAK-Online and its Documentation contain copyrighted material, trademarks, and other intellectual property that are provided by and belong to RetireReady Solutions, and are protected by applicable United States laws and international treaty provisions. You may not copy the Documentation. RetireReady Solutions retains all rights, title, interest, and ownership to TRAK-Online and its Documentation. RetireReady Solutions reserves the right to modify and/or enhance TRAK-Online and its Documentation without obligation to notify you of such changes or furnish them to you, and retains all rights in such modifications and enhancements except as granted to you under this AGREEMENT. This AGREEMENT applies to any such modifications and enhancements.
RESTRICTIONS
You may not loan, rent, resell, broker, lease, sublet, or otherwise transfer TRAK-Online to another entity or individual. You may use TRAK-Online only to provide education for those you function for as an advisor, in an advisory capacity, or have a direct working relationship with. Your use of TRAK-Online must comply with all applicable laws. You may not assign or transfer this subscription, any rights granted under the AGREEMENT, TRAK-Online, and/or the Documentation. Any attempt to sublicense, assign, transfer, or broker TRAK-Online will immediately cancel your subscription. You may not reverse engineer, decompile, or disassemble TRAK-Online or its Documentation. You may not create multiple or successive demonstration accounts for or by the same person using aliases or different email addresses. Finally, you may not remove, deface, or destroy any copyright, patent notice, trademark, service mark, other proprietary markings, or confidential legends placed on or within TRAK-Online or its Documentation. Doing any of the foregoing will (in RetireReady Solutions’ discretion) immediately cancel your subscription, be invoiced for subscription, and/or subject you to legal action. Refunds will not be issued when an account has been canceled.
PAYMENT; REFUNDS
TRAK-Online is a subscription-based service. Payment is for a subscription to one or more of TRAK-Online’s calculators. Payment for your subscription can be on a monthly or annual basis. You may elect to cancel your subscription at any time. Early cancelation will not result in a refund. Should you cancel your subscription or fail to pay the subscription fee, your account will be deactivated and the data will be stored for 30 days after which time your data will be destroyed. Payment and subscription terms are subject to change without notice. If you are receiving a discounted subscription fee due to your affiliation with another entity, you acknowledge and agree that we may disclose your identity to that entity for reporting and verification purposes.
TERM
This subscription is for limited use as explained above, is effective from the date you subscribe to TRAK-Online, and continues until the subscription expires, is canceled or terminated, or is not renewed. You may elect to cancel your subscription at any time. Early cancelation will not result in a refund. Should you cancel your subscription or fail to pay the subscription fee, your account will be deactivated and the data will be stored for 30 days after which time your data will be destroyed. The subscription shall terminate immediately if you fail to comply with any term or condition of this AGREEMENT, and upon such termination (a) RetireReady Solutions shall have the right to seek any legal or equitable remedies that may be available to RetireReady Solutions; (b) your subscription will be terminated; and (c) your data will be destroyed after 30 days.
REPORT ARCHIVING
Copies of reports created in TRAK-Online are archived for only a limited time: Client Reports (reports generated in any calculators other than the Batch Processing tool) will be deleted 14 days after being created, and Batch Processing reports (those reports created with the Batch Processing program) will be deleted three days after being created.
DEMONSTRATION VERSIONS
RetireReady Solutions offers prospective customers a free trial period to use and evaluate TRAK-Online. Accounts created for a free-trial of TRAK-Online will be deleted two weeks after they expire. Multiple or successive accounts created for or by the same person using aliases or different email addresses are in violation of this AGREEMENT and will be cancelled, be invoiced for subscription, and/or subject to legal action.
UPDATES AND CHANGES
RetireReady Solutions reserves the right to update, enhance, and improve TRAK-Online at any time and without prior notification.
The cost for these updates is factored into the subscription fees, which may also be changed at any time and without prior notification.
LIMITED WARRANTY AND REMEDIES
During the term of your subscription, RetireReady Solutions warrants, for your benefit only, that TRAK-Online will operate in substantial conformity with the Documentation. RetireReady Solutions’ sole liability (and your sole and exclusive remedy) for any breach of this warranty will be to use commercially reasonable efforts to correct the reported non-conformity. Notwithstanding the foregoing, if RetireReady Solutions determines such remedy to be impracticable or fails to correct the non-conformity, RetireReady Solutions may terminate the applicable subscription. The foregoing warranty will not apply: (a) unless you notify RetireReady Solutions within 30 days following the date on which you first noticed the non-conformity; (b) if the error was caused by unauthorized modifications, or third-party hardware, software, or services; (c) to any use of TRAK-Online other than as authorized in the AGREEMENT and other than for TRAK-Online’s intended use; or (d) to any free-trial use of TRAK-Online.
Without limiting the foregoing, you acknowledge and agree that you are solely responsible for the advice given to your clients. TRAK-Online is intended as only one of several tools, together with your independent judgment, that you will use to provide your clients with accurate and complete advice.
NO OTHER WARRANTIES
RetireReady Solutions disclaims all other warranties, either expressed or implied, to the maximum extent of the law. This includes, but is not limited to, warranties of merchantability and fitness for a particular purpose, that TRAK-Online will operate on an uninterrupted or error-free basis, be free of defects or viruses, or that data will be secure from loss, damage, or theft. .
The foregoing warranty limitations will not apply to the extent they are prohibited by applicable law.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES
In no event shall RetireReady Solutions be liable for any damages whatsoever (including, without limitation, damages for loss of business or profits, business interruption, or loss of data) arising out of or related to the use or inability to use TRAK-Online, even if RetireReady Solutions has been advised of the possibility of such damages.
LIMITATION OF LIABILITY
THE AGGREGATE LIABILITY OF RETIREREADY SOLUTIONS ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL IN NO EVENT EXCEED THE FEES YOU PAID TO RETIREREADY SOLUTIONS IN THE THREE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. THIS LIMITATION APPLIES REGARDLESS OF THE NATURE OF THE CLAIM (CONTRACT, TORT, INDEMNITY, ETC.) AND WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THE AGREEMENT.
INDEMNIFICATION
You agree to indemnify, defend, and hold RetireReady Solutions harmless from and pay any and all costs, fees, and expenses (including attorney fees) that RetireReady Solutions may incur as a result of any claims, proceedings, or litigation arising out of or related to your use of TRAK-Online, including without limitation TRAK-Online’s calculations and the illustrations created by TRAK-Online. It is hereby acknowledged by you that RetireReady Solutions has no control over your use of TRAK-Online and the calculations, illustrations, and reports created and presented by you and to your clients.
HOSTING AND SECURITY
RetireReady Solutions hosts TRAK-Online and uses a hosting service that meets acceptable industry standards for the necessary bandwidth. RetireReady Solutions aims to have at least 99.99% up time. RetireReady Solutions will use commercially reasonable physical, administrative, and technical safeguards to maintain database security on data provided by you that contains confidential information. RetireReady Solutions uses industry-accepted encryption technologies for transmitting and storing potentially sensitive information. RetireReady Solutions employs industry-accepted network security techniques including firewalls and authentication protocols. No data transmission over the internet can be guaranteed to be 100% secure, however, so we cannot guarantee or warrant the security of any information you transmit to us/TRAK-Online and you do so at your own risk. You are responsible for ensuring you have the appropriate hardware, software, and internet connectivity to access TRAK-Online. In addition, you must take all commercially reasonable security precautions to prevent unauthorized or fraudulent use of TRAK-Online by you, your employees, your agents, or any third parties. You will be solely responsible for all uses of TRAK-Online by your employees, agents, and any third parties accessing your TRAK-Online account; any breach of this AGREEMENT by such employees, agents, and third parties will be deemed a breach by you.
In addition, you agree to protect the privacy rights of your employees, agents, clients, and end users under, and to otherwise comply with, all applicable laws and regulations. You may have the ability to access, monitor, use, or disclose data available to and/or provided by employees, agents, clients, and end users when accessing TRAK-Online. You will obtain and maintain consent from all such individuals to your access, monitoring, use, or disclosure of this data, and to RetireReady Solutions providing you with the ability to do so. You are responsible for obtaining any necessary authorizations from your employees, agents, clients, and end users to enable RetireReady Solutions to provide TRAK-Online. RetireReady Solutions will process personal information it receives in connection with your use of TRAK-Online (if any) only to provide TRAK-Online, and will not retain, use, disclose, or otherwise process such personal information for any other purpose. Without limiting the foregoing, RetireReady Solutions will not “share” or “sell” (as such terms are defined by applicable law) personal information or combine it with other personal information it collects. Notwithstanding the foregoing, RetireReady Solutions may process personal information to improve the quality of its services; provided that such processing does not disclose personal information to third parties. If RetireReady Solutions becomes aware of the unauthorized access, use, or disclosure of personal information received from you (a “Security Incident”), it will notify you without undue delay and cooperate with you (at your cost and expense) to respond to and remediate the Security Incident. RetireReady Solutions’ assistance in connection with any Security Incident will be at its then-current rates.
GOVERNING LAW AND DISPUTE RESOLUTION
This AGREEMENT shall be governed by the laws of the State of Oregon and, where necessary, under the United States Copyright Act. Any dispute arising out of or relating to this AGREEMENT will be resolved by individual, confidential, and binding arbitration in Dallas, Oregon, administered by the Arbitration Service of Portland, Inc. or its successor in interest, in accordance with its then-current commercial arbitration rules. The arbitration will be held before a single arbitrator. Nothing in this Agreement prohibits a party from seeking emergency relief (e.g., preliminary injunction) from a court of competent jurisdiction pending resolution by arbitration. You understand and acknowledge that arbitration will be on an individual basis, and you are therefore waiving your right to participate as a plaintiff or class member in any purported class action or representative proceeding.