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, or Products and Referral 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.
You understand that through the Site, we offer both the Products and the Referral Service, which provides an online information portal, articles, podcasts, calculators, financial planning tools and marketplace where you can research and compare solutions in a number of different categories, including financial advisors, loans, reverse mortgages, and insurance.
The Products offered by NewRetirement may include both free tools and user paid tools or packaged financial guidance. You acknowledge and agree that the content, calculators & tools on NewRetirement.com are for informational and educational purposes only and should not be construed as professional financial advice. NewRetirement Planner and PlannerPlus are tools that individuals can use on their own behalf to help think through their future plans, but should not be acted upon as a complete financial plan. We strongly recommend that you seek the advice of a financial services professional who has a fiduciary relationship with you before making any type of investment or significant financial decision. NewRetirement strives to keep its information & tools accurate and up to date. This information presented is based on objective analysis, but it may not be the same that you find on a particular financial institution, service provider or specific product’s site. All content, tools, financial products, calculations, estimates, forecasts, comparison shopping products and services are presented without warranty.
You acknowledge and agree that if you submit a request for any product or service offered through the Referral 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 financial advisors, 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 Referral 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 Referral 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 Referral 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 free part of the Site or the Referral Service. Please note that NewRetirement may charge you to use certain premium features of our Products – for example PlannerPlus. Any subscription fees charged will be clearly marked. 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.
You understand and agree that if you request a product or service other than a financial product offered through the Referral 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.
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 Products or Referral 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 Products or Referral Service; and (iv) your use of the Site and Products or Referral Service is subject to all applicable federal, state, and local laws and regulations.
All calculators and tools on the NewRetirement site 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 financial plans 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 including Answers on the NewRetirement site are designed to be informational and educational only. Community postings do not constitute investment advice; nor do they reflect the opinions 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.
If you post User Content to the Site, unless we indicate otherwise, you grant Company and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable 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 Company and its affiliates and sublicensees the right to use the name that you submit in connection with such User Content, if 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 Site 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.
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 Products or Referral 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 Products or Referral Service; (vi) use any spider, robot, scraper or other automated access the Products or Referral 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 Products or Referral Service; or (x) circumvent the measures we may use to prevent or restrict access to the Products or Referral 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.
The content contained on this Website is owned or licensed by NewRetirement and its third-party information providers and is protected by applicable copyrights, trademarks, service marks, and/or other intellectual property rights. Such content is solely for your personal, non-commercial use. Accordingly, you may not copy, distribute, modify, post, frame or deep link this Website, including any text, graphics, video, audio, software code, user interface design or logos. You may download material displayed on this Website for your personal use provided you also retain all copyright and other proprietary notices contained on the materials. You may not distribute, modify, transmit, reuse, repost, or use the content of this Website for public or commercial purposes, including all text, images, audio, and video, without NewRetirement’s written permission. Modification or use of the materials for any other purpose violates NewRetirement’s intellectual property rights.
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You acknowledge and agree that the Products or Referral Service and any necessary software used in connection with the Products or Referral 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 Products or Referral 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 Products or Referral Service or the Software, in whole or in part.
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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.
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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 PRODUCTS OR REFERRAL 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 PRODUCTS OR REFERRAL 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 PRODUCTS OR REFERRAL SERVICE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING SUCH.
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 PRODUCTS OR REFERRAL SERVICE.
NR may provide you with notices, including those regarding changes to the Agreement, by either email, regular mail, or postings on the Site, Products or Referral Service. All notices to NR must be made in writing and mailed to:
Attn: Legal Department
1 Belvedere Drive, Suite 200
Mill Valley, CA 94941
Your correspondence or business dealings with any third parties as a result of your visit to the Site and/or participation in the Products or Referral 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 Products or Referral Service.
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.
NR reserves the right at any time and from time to time to modify or discontinue, permanently or temporarily, the Products or Referral 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 Products or Referral Service.
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.
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.
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.
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.
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 PRODUCTS OR REFERRAL SERVICE OR THE AGREEMENT MUST BE FILED WITHIN ONE 3 MONTHS AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
Submitting your personal information on a NewRetirement inquiry form, landing page or calculator authorizes NewRetirement or affiliated lenders to contact me about the product or service which you are inquiring about. This authorization overrides any prior preference placed with NewRetirement or affiliated lenders and any other association or registration of any phone number on federal, state or internal “do not call” list(s) owned by the mortgage brokers or lenders.
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