THE RETIREMENT ADVANTAGE, INC.

ONLINE TERMS OF USE

Last Modified: September 19, 2018

ACCEPTANCE OF THE TERMS OF USE

These terms of use (“Terms of Use”) are entered into by and between you and The Retirement Advantage, Inc., a Wisconsin corporation (“TRA,” “we,” “our” or “us”). These Terms of Use govern your access to and use of https://tra401k.com/ and https://markleyactuarial.com/ (the “Sites”) (collectively, the “Services”) including any content, functionality, and products offered on or through the Services.

Please read the Terms of Use carefully before you start to use the Services. By using the Services, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://tra401k.com/privacy. If you do not agree with these Terms of Use and the Privacy Policy, you must not access or use the Services.

The Services are only offered and available to users who are 13 years of age or older, and reside in the United States or any of its territories or possessions. If you are under the age of 13, do not access the Services. By using the Services, you represent and warrant that you are of legal age to accept these Terms of Use as a binding contract with TRA and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.

CHANGES TO THE TERMS OF USE

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. However, any changes to the dispute resolution provisions set out in the “Governing Law and Jurisdiction” section will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Services.

Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. Additionally, when we make a material change to these Terms of Use, we will post a notice on the Services.

TERMINATION/EXCLUSION

You understand that the Services are provided as a courtesy to you and that we may modify, suspend or terminate all or a portion of the Services at any time in our discretion without prior notice to you. We reserve the right, in our sole discretion, to revoke, terminate or suspend any privileges associated with use of the Services or failure to comply with these Terms of Use, and to take any other action we deem appropriate. You agree that TRA shall not be liable to you or any third party for any termination of your access to the Services.

YOUR ACCESS AND USE OF THE SERVICES AND YOUR ACCOUNT(S)

Your right to access and use the Services is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the Services for lawful purposes and pursuant to the terms and conditions of this Agreement and the TRA Privacy Policy.

Your access and use of the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Services or other actions that TRA, in its sole discretion, may elect to take. TRA reserves the right to suspend or discontinue the availability of the Services and/or any portion or feature of the Services at any time in its sole discretion and without prior notice.

You Must Maintain the Integrity of Your Information. To use the Services, you may be required to provide TRA with information about you (“Personal Information”). If you provide Personal Information to TRA, then you agree to provide true, current, complete and accurate information, and not to misrepresent your identity. You also agree to keep Personal Information current, and to update your Personal Information if any of it changes. TRA’s collection, use and disclosure of Personal Information are governed by this Terms of Use and the TRA Privacy Policy.

You Must Maintain the Security of Any Password Issued to You. Access to the Services may be account-based. To access and/or use the Services you may be required to register an account and create a password or log in to an account created for you. In either case, a password may be required for the Services, and it is your sole responsibility to maintain the security of that password and to immediately change the password if it was provided to you by a third-party. You agree that TRA shall not be liable for any loss that you may suffer as a result of the authorized or unauthorized use of your password or account by a third party.

You Must Notify TRA of a Breach. You agree to immediately notify TRA of any unauthorized use of your password, any unauthorized use of any account that you may have with TRA, any violation of this Agreement, or any other breach of security known to you in connection with the Services, by sending an email to: webmaster@tra401k.com.

FINANCIAL TRANSACTIONS AND ACCOUNTS

You acknowledge and agree that TRA is authorized, but not required, to act on payment instructions received from anyone using your account on the Services.  You authorize TRA or its third party payment processors to (a) initiate debits or charges against your financial account or credit card periodically for the amount then due for services or other charges due (if any); and (b) initiate any other debits or credits authorized by you or anyone using an account registered to you.  All payments must be made in U.S. dollars from a U.S. bank or via alternative payment methods made available by TRA. You acknowledge that transactions may be facilitated by a third party payment processor, and agree that TRA may receive from and share with third party payment processors your information, including information about your financial accounts, for this purpose and any other purpose disclosed in TRA’s Privacy Policy. You are responsible for paying all taxes on any service purchased or other charges. If TRA is obligated to collect any taxes, such taxes will be added to your account.

YOUR RESPONSIBILITY FOR EQUIPMENT AND DATA COSTS

You are responsible for obtaining and maintaining all communication hardware, computers, internet access services and other equipment or services needed to access and use the Services, and all costs and fees associated with internet access, or long distance charges incurred with regard to your access and use of the Services. If you are accessing the Services via a personal or mobile device, you acknowledge that you are solely responsible for obtaining said device, and any rates and fees charged by your mobile carrier (or other service provider) for cellular service, data and any other costs related to the Services. TRA shall not be liable for any overage charges associated with any data plan you use to access the Services.

NO REPRESENTATION AS TO SUITABILITY; NO INVESTMENT ADVICE

Nothing on the Services (including the results of any online retirement calculators) should be construed as rendering tax, legal, investment, or accounting advice. The posting of any content on the Services (including the results of any online calculators) is solely for convenience and informational purposes and should not be interpreted as a recommendation or opinion that you should make any purchase or participate in any transaction. We make no representation as to the financial investment or suitability of any product or service described on the Services for any user. All such information is general in nature and does not consider your personal or business financial situation, nor constitute an endorsement or recommendation of any service or the suitability of it for you. In order to evaluate whether a particular product or service is suitable for your financial needs, you should contact a qualified financial professional.

INTELLECTUAL PROPERTY RIGHTS

The Services and their entire contents, features, and functionality including, but not limited to, all information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof are owned by TRA, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any the material on our Services, except as follows:

  • Your computer may temporarily store copies of such material in RAM incidental to your accessing and viewing those materials;
  • You may store files that are automatically cached by your web browser for display enhancement purposes;
  • You may print or download one copy of a reasonable number of pages of the Services for your own personal, non-commercial use and not for further reproduction, publication, or distribution; and
  • If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not: (i) modify copies of any materials from the Services; (ii) use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; or (iii) delete or alter any copy right, trademark, or other proprietary rights notices from copies of materials from the Services. You must not access or use for any commercial purposes any part of the Services or any services or materials available through the Services.

If you wish to make any use of material on the Services other than that set out in this section, please address your request to webmaster@tra401k.com.

If you print, copy, modify, download use or provide any other person with access to any part of the Services in breach of the Terms of Use, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by TRA. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

TRADEMARKS/SERVICE MARKS, LOGOS, SLOGANS, AND TAGLINES

All trademarks, service marks, logos, slogans and taglines displayed on or through the Services are property of TRA or their respective owners and nothing contained herein should be construed as granting any license or right to use any trademarks, service marks, logos, slogans or taglines displayed on or through the Services without the express written permission of TRA, or such third party that may own the trademark, service mark, logo, slogan or tagline.

SUBMISSIONS

TRA is always interested in hearing from you regarding our products and services, or questions or comments about our Services. However, unless we directly ask you for a submission in some form, please do not submit to us ideas, notes, drawings, concepts or other information (collectively, “Submissions”).

When you submit either solicited or unsolicited Submissions, you grant TRA a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform and otherwise exploit such Submissions, in whole or in part, in all media formats and channels now known or hereafter devised for any and all purposes including entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity.

PROHIBITED USES

You may use the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to access or use the Services in any unlawful way or for an unlawful or illegitimate purpose, including without limitation in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries.) You shall not post or transmit via the Services (a) a message or information under a false name; (b) information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening or hateful to any person; (c) information that infringes or violates any of the intellectual property rights of others or the privacy or publicity of others; or (d) promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

You shall not attempt to disrupt the operation of the Services in any manner, including, through the use of methods such as denial of service attacks, flooding or spamming and you will not transmit, distribute, introduce or otherwise make available in any manner through the Services any computer virus, keyloggers, spyware, worms, Trojan horses, time bombs or any other malicious or harmful code. You shall not use the Services in any manner that could damage, disable or impair our services or networks. You shall not attempt to gain unauthorized access to any computer systems or networks, through hacking, password mining or any other means. You shall not use any robot, scraper or other means to access the Services.  Furthermore, you shall not impersonate or attempt to impersonate TRA, a TRA employee, another user, or any other person or entity or engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm TRA or the users of the Services or expose them to liability.

COOPERATION WITH LAW ENFORCEMENT

We have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of any posting materials on or through the Services. YOU WAIVE AND HOLD HARMLESS TRA AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY OR ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER TRA OR SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

LINKS TO THIRD PARTY WEBSERVICES

Our Services may contain links to third party sites such as Facebook®, Twitter® and Linkedin®. Please be aware however, that we do not control or monitor such third party sites and we are not responsible for any third party sites accessed through the Services. Inclusion of, linking to or permitting the use or installation of any third party site does not imply that approval or endorsement thereof by us. If you decide to leave the Services and access the third party site, you do so at your own risk and you should be aware that these Terms of Use no longer applies to your usage of such third party sites.

DISCLAIMER OF WARRANTIES

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Services for any reconstruction of any lost data. to the fullest extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the SERVICES or any services or items obtained through the Services or to your downloading of any material posted on it, or any siteS linked to it. TRA does not assume any responsibility for any loss, damages or liabilities arising from the failure of any telecommunications infrastructure, or the internet or for your misuse of any advice, SUBMISSIONS, ideas, information, instructions or guidelines accessed through the Services.

the information and services offered on or through the Services and any referenced third party sites are provided “as Is” and without warranties of any kind, either express or implied. this includes any services providers included on the Services. any third service providers are supplied as a convenience to the user, and the listing of such does not constitute sponsorship, affiliation, partnership, or endorsement. owner disclaims all expressed and implied warranties to the fullest extent of the law, including but not limited to, implied warranty of mechantability, fitness for a particular purpose, title, and non-infringement.

TRA does not warrant or make any representations regarding the use or the results of the use of the Services, and content or images submitted or posted on the SERVICES in terms of its ownership, validity, correctness, accuracy, timeliness, reliability or otherwise, including content and images posted by users of the Services.

the foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

LIMITATION OF LIABILITY

to the maximum extent permitted by law, in no event shall TRA or its directors, officers, employees or agents be liable to you for special, incidental, punitive or consequential damages, lost profits, or lost data, regardless of the foreseeability of those damages, arising out of or in connection with your use of the Services or any other materials or services provided to you by TRA. IN NO EVENT SHALL TRA, ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR DIRECT DAMAGES COLLECTIVELY IN AN AGGREGATE AMOUNT EXCEEDING ONE HUNDRED DOLLARS (us $100).  thE FOREGOING limitationS shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action. the foregoing DOES not affect any liability that cannot be excluded or limited under applicable law.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless TRA, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Services, your violation of these Terms of Use, or your infringement of any intellectual property or other right of any person or entity.

GOVERNING LAW AND JURISDICTION

All matters relating to the Services and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by an construed in accordance with the internal laws of the State of Wisconsin, USA without giving effect to any choice or conflict of law provision or rule (whether of the State of Wisconsin or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Wisconsin in each case located in the City of Port Washington and the County of Ozaukee, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

WAIVER AND SEVERABILITY

No waiver by TRA of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of any other term or condition, and any failure of TRA to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

ENTIRE AGREEMENT

These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and TRA regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.

COPYRIGHT INFRINGEMENT CLAIMS

TRA respects the intellectual property rights of others.  It is TRA’s policy to comply with the Digital Millennium Copyright Act, title 17, United States Code, Section 512, including, without limitation, responding to notices of alleged copyright infringement, and other applicable intellectual property laws.

When reporting infringing material to TRA (“DMCA Notice”) please provide:(a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit TRA to locate the material; (d) information reasonably sufficient to permit TRA to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Pursuant to the Digital Millennium Copyright Act (17 U.S.C. §512(c)(2)), TRA’s designated agent to receive notices and counter notices of claimed infringement is

Attention: DMCA Notice

Attn: Communications and Marketing Director
TRA
47 Park Place, Suite 850
Appleton WI  54914

Phone number of designated agent: 888.872.2364

Email address of designated agent: webmaster@tra401k.com

If you wish report infringing materials other than for copyright infringement, please provide as much of the above information as possible. Although TRA reserves the right to remove any material that it believes in good faith to be infringing material that is used without authorization by any or user of the Services, we are not obligated to do so except in accordance with the Digital Millennium Copyright Act. We also reserve the right to suspend or delete the account of any repeat offender.

YOUR COMMENTS AND CONCERNS

If you have questions, comments, concerns or feedback regarding these Terms of Use or the Services, please contact TRA via any of the methods set forth below:

  • Via telephone: 872.2364
  • Via mail: TRA

Attn: Communications and Marketing Director
47 Park Place, Suite 850
Appleton WI  54914

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