Terms of Use

Welcome to our Web site, www.NewRetirement.com (the "Site"). The term "NewRetirement", "NR", "us" or "our" refers to NewRetirement, LLC, the legal name of the owner of the Site. The term "you" refers to the user or viewer of our Site. The following terms of use in this agreement (the "Agreement") describe the terms and conditions applicable to your use of the Site and any service offered by us through the Site (the "Service"). Please review the Agreement and its corresponding privacy policy (the "Privacy Policy"), which is incorporated by reference, carefully, as by using the Site, you agree to comply with and be bound by its terms. If you do not agree to these terms, you may not use or access the Site or Service.

1. Acceptance of Agreement; Entire Agreement. You agree that this Agreement constitutes the entire and only agreement between NR and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings, if any, with respect to the Site, the content, products or Service provided by or through the Site, 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 Site, and you should review this Agreement prior to using the Site.

2. Financial Products and Services. You understand that through the Site, we offer the Service, which provides an online information portal and marketplace where you can research and compare solutions in a number of different categories, including loans, reverse mortgages, and insurance. You acknowledge and agree that if you submit a request for any product or service offered through the Service, NR will share your personal information (such as your full name, address, telephone number, and social security number) with the providers in our provider network who can fulfill your request, including banks, mortgage bankers and brokers (the "Provider(s)").

You acknowledge and agree that NR only refers you to the Providers and does not make loan or other product related decisions in connection with the Service; NR is not a party to any agreement that you may make with the Provider; and the Provider is solely responsible for its services to you. You also acknowledge that by providing the Service through the Site, NR is not your agent or broker and does not recommend any specific product, service or Provider to you.

Any compensation NR may receive for the Service provided hereunder is paid by Providers for the products and services rendered by NR to that particular Provider. NR does not charge you any fees to use the Site or the Service. You understand that requirements for a specific loan product are made by the individual Provider and that NR does not endorse, warrant, or guarantee the products or services of any Provider. Nothing contained herein constitutes an offer or guarantee for a loan commitment, interest rate lock-in agreement or any specific financial product price or quote commitment. You agree that NR is not and shall not be liable for any damages, costs, liabilities or losses of any type which arise or may arise out of or in connection with your use of the Provider's service.

By submitting your request for a financial product, you agree that the Providers may contact you by telephone, email or mail based on the information you have provided to us, even if you have opted into the National Do Not Call List administered by the Federal Trade Commission or any state equivalent Do Not Call List. You understand that the Providers may retain the information you submitted to NR whether you elect to use their services or not. If you no longer want to receive communications from a Provider, you agree to notify the Provider directly. You also grant NR permission to send you regular updates of current financial products which may be of interest to you.

3. Other Products and Services. You understand and agree that if you request a product or service other than a financial product such as Real Estate brokerage assistance offered through the Service, NR will share your information with those business partners necessary to complete your request. You also agree that our business partners may contact you by telephone, email or mail based on the information you have provided to us, even if you have opted into the National Do Not Call List administered by the Federal Trade Commission or any state equivalent Do Not Call List. You understand that NR business partners may retain the information you submitted to NR whether you elect to use their services or not. If you no longer want to receive communications from an NR business partner, you agree to notify the partner directly.

4. Use of the Site and Service. You certify to NR 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 NR, online or otherwise, is complete and accurate, and that you have not intentionally submitted false information on or through the Site or Service; and (iv) your use of the Site and Service is subject to all applicable federal, state, and local laws and regulations.

All calculators and tools on the NewRetirement site are are designed to be informational and educational tools only and do not constitute investment advice. We strongly recommend 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 a rough approximation of future financial performance. The results presented by these calculators are hypothetical and may not reflect the actual growth of your own investments. NR and its affiliates are 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. NR is not responsible for any human or mechanical errors or omissions.

The Community sections on the NewRetirement site are designed to be informational and educational only. Community postings do not constitute investment advice; nor do they reflect the opions or policies of NewRetirement. Community posts are solely the opinion and responsibility of the person posting the message. We strongly recommend 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. NewRetirement and its affiliates are not responsible for the consequences of any decisions or actions taken in reliance upon or as a result of the information provided by registered users in their postings on the NewRetirement website. NewRetirement is not responsible for any human or mechanical errors or omissions.

5. 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.

6. Privacy Policy. NR respects and acknowledges the importance of your privacy. Personal information submitted in connection with the Service is subject to our Privacy Policy. For more information, see our full Privacy Policy.

7. Copyright and Trademark Notice Information. All contents of the Site are: Copyright © 2004 - 2008 NewRetirement, LLC 100 Pine Street, Suite 590, San Francisco, California 94111 and/or its Providers and third party vendors. All rights reserved. NewRetirement.com&tm; trademarks and service marks and other NR logos and product service names are trademarks of NR ("NR Marks"). Without NR's prior permission, you agree not to display or use in any manner, the NR 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.

8. 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 NR or their respective intellectual property owners. Unless expressly authorized by NR, 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.

NR grants you a personal, non-transferable, non-sublicensable and non-exclusive license to use the code of this Site, the Service and the Software on a single computer; provided that you do not copy, modify, create a derivative work of, reserve engineer, decompile, reverse assemble or otherwise attempt to discover any source code, assign, sell, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Site or Software in any manner or form, or to use modified versions of the Site or Software, including, without limitation, for the purpose of obtaining unauthorized access to the Service by any means other than through the interface that is provided by NR for use in accessing the Service.

9. Links. NR may provide links to third party websites; however, since NR does not control these websites, you acknowledge and agree that NR 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 NR 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.

10. Indemnification. You agree to indemnify and hold NR, its subsidiaries, affiliates, agents, shareholders, officers, contractors, vendors and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site, the Service or any Software, the violation of the Agreement by you, or the infringement by you, or any other user of the Site, the Service or Software using your computer, of any intellectual property or other right of any person or entity. NR reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

11. No Warranty. NR PROVIDES THE SITE, THE SERVICE, INCLUDING ANY SOFTWARE ASSOCIATED THEREWITH, "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, RESULT, ACCURANCY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NR MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. NR 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.

12. Limitation of Liability. IN NO EVENT WILL NR BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE SITE, THE SERVICE OR ANY SOFTWARE ASSOCIATED THEREWITH, EVEN IF NR HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) STRICT LIABILITY, (4) NEGLIGENCE, (5) TORT, OR (6) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. 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 NR WITH RESPECT THIS AGREEMENT, THE SITE OR THE SERVICE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING SUCH.

13. Release. YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE NR 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, LIABLITIES, 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.

14. Notice. NR may provide you with notices, including those regarding changes to the Agreement, by either email, regular mail, or postings on the Service. All notices to NR must be made in writing and mailed to:

NewRetirement, LLC
Attn: Legal Department
100 Pine Street
Suite 590
San Francisco, CA 94111

15. Termination. You agree that NR may, under certain circumstances and without prior notice, immediately terminate your access to the Site or Service. Cause for such termination shall include, but not be limited to: (i) breach or violation of the Agreement, other incorporated agreements or the Privacy Policy in any manner; (ii) requests by law enforcement or other government agencies; (iii) dismantling of the Site or discontinuance or material modification to the Service (or any part thereof); and (iv) unexpected technical or security issues or problems. You agree that all terminations for cause shall be made in NR's sole discretion, and NR shall not be liable to you or any third party for any termination of the Site or access to the Service.

16. Dealings with Third Parties. Your correspondence or business dealings with any third parties as a result of your visit to the Site 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. You agree that NR shall not be responsible or liable 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 on the Service.

17. Disputes. This Agreement will be governed by and interpreted in accordance with the laws of the State of California, without regard to the conflicts of laws principles thereof, as such laws apply to contracts between California residents entered into and performed entirely within California. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. Any action or proceeding arising from or relating to this Agreement must be brought exclusively in a federal court in the Northern District of California or in a state court in San Francisco County, California. The parties have agreed that this Agreement will be written and construed in the English language.

18. Modification to Service. NR reserves the right at any time and from time to time to modify or discontinue, permanently or temporarily, the Service (or any part thereof) with or without notice. You agree that NR shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

19. Waiver and Severability of Terms. The failure of NR to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.

20. Disclosure of Your Information. You acknowledge, consent and agree that NR 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 NR, its users and the public.

21. Additional Terms. You acknowledge and agree that in addition to the terms of this Agreement, you may also be subject to additional terms and conditions that may apply when you use or purchase certain other NR services, affiliate services, third party content or third party software.

22. Survival. The following paragraphs shall survive termination or your refusal to continue to use the Service: 7, 8, 10, 11, 12, 13, 17, 22, and 23.

23. 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 ONE 3 MONTHS AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.