Customer Service Agreement

Last Updated March 15, 2020

Retirable, Inc. (“Retirable”) provides our website located at https://retirable.com (the “Site”) and services accessible at https://app.retirable.com (the “App”). To make this Agreement easier to read, the Site and our services are collectively called the “Services.” Please read this Agreement of Service (the “Agreement”) carefully because they govern your use of our Services.

Agreement to Agreement

By using our Services, you agree to be bound by this Customer Service Agreement (“Agreement”). If you don’t agree to be bound by this Agreement, do not use the Services.

Privacy Policy

Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users. You acknowledge and agree that your use of the Services is subject to our Privacy Policy, which we may update from time to time at our discretion. Current Privacy Policy can be accessed here.

Changes to Customer Service Agreement

We may modify the Agreement at any time, at our sole discretion. If we do so, we’ll let you know by posting the updated Agreement on the Site and by email to the email address you provide to us. It’s important that you review the Agreement modifications because if you continue to use the Services after we have emailed you a modified Agreement and posted the modified Agreement on the Site, you are indicating to us that you agree to be bound by the modified Agreement. If you don’t agree to be bound by the modified Agreement, then you may not use the Services anymore. You may cancel your subscription to the Services at any time. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion and with notice to you by email.

Arbitration Notice

Unless you opt out of arbitration within 30 days of the date you first agree to this Agreement by following the opt-out procedure specified in the “Arbitration” section below, and except for certain types of disputes described in the “Arbitration“ section below, you agree that disputes between you and Retirable will be resolved by binding, individual arbitration and you are waiving your right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.

Who May Use the Services

Eligibility

You may use the Services only if you are 18 years or older, are a resident of the United States of America and are not barred from using the Services under applicable law. To make a purchase via the Services (described in the Section titled “Purchases” below), you must be 18 years or older and capable of forming a binding contract.

Registration and Your Information

If you want to use certain features of the Services you’ll have to create an account (“Account”). It’s important that you provide us with accurate, complete, and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree to receive communications relating to Services by email, and provide us with a current and functioning email address. You agree that you won’t share your Account with anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.

Services

Via the Services, Retirable provides financial planning retirement advice. Your advice may be tailored based on the information you provide to Retirable. You agree to provide only accurate information, and agree to update your information as needed to maintain accuracy. You understand and agree that the retirement financial planning advice you receive from Retirable is based on the information you provide, that there are inherent risks in investments, and that past performance is not a guarantee of future results for investments. Nothing in Retirable Services is an offer to buy or sell securities.

Purchases

Fees

Retirable offers Services for a subscription fee billed monthly or annually. When you subscribe to the Services, you may be directed to a third party website for payment. You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. The amounts due and payable by you for a Transaction through the Services will be presented to you before you place your order. If you choose to initiate a Transaction via the Services, you authorize us to provide your Payment Information to third party service providers so we can complete your Transaction and agree (a) to pay the applicable fees and any taxes; (b) that Retirable may charge your credit card or third party payment processing account, for verification, pre-authorization and payment purposes; and (c) to bear any additional charges that your App Provider, bank or other financial service provider may levy on you as well as any taxes or fees that may apply to your order. You’ll receive a confirmation email after we confirm the payment for your order. Your order is not binding on Retirable until accepted and confirmed by Retirable. All payments made are non-refundable and non-transferable except as expressly provided in this Agreement. Retirable may choose to refund or credit a portion of, or all, fees paid by you in its sole discretion.

If you have any concerns or objections regarding charges, you agree to raise them with us first and you agree not to cancel or reject any credit card or third party payment processing charges unless you have made a reasonable attempt at resolving the matter directly with Retirable. Retirable reserves the right to not process or to cancel your order in certain circumstances, for example, if your credit card is declined, if we suspect the request or order is fraudulent, or in other circumstances Retirable deems appropriate in its sole discretion. Retirable also reserves the right, in its sole discretion, to take steps to verify your identity in connection with your order. You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). Retirable will either not charge you or refund the charges for orders that we do not process or cancel.

Subscriptions Automatically Renew Until You Cancel & How to Cancel Your Subscription

All amounts are payable and charged at the beginning of the subscription. Each such subscription renews automatically for an additional period equal in length to the expiring subscription term until you cancel it, at the time of each renewal until you cancel, using the Payment Information you have provided. You must cancel your monthly or yearly Subscription before it renews to avoid the billing of the fees for the next Subscription period. If you purchase your Subscription via the Site, you can cancel the renewal of your subscription at any time by contacting us by email at support@retirable.com.

Changes to Price Agreement for Subscriptions

Retirable reserves the right to change its pricing Agreement for Subscriptions at any time and Retirable will notify you in advance of such changes becoming effective. Changes to the pricing Agreement will not apply retroactively and will only apply for Subscription renewals after such changed pricing Agreement have been communicated to you. If you do not agree with the changes to Retirable’s pricing Agreement then you may choose not to renew your Subscription in accordance with the section “Subscriptions Automatically Renew Until You Cancel & How to Cancel Your Subscription.”

Prohibitions

You agree not to do any of the following:

  • Use, display, mirror or frame the Services, or any individual element within the Services, Retirable’s name, any Retirable trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Retirable’s express written consent;
  • Access, tamper with, or use non-public areas of the Services, Retirable’s computer systems, or the technical delivery systems of Retirable’s providers;
  • Attempt to probe, scan, or test the vulnerability of any Retirable system or network or breach any security or authentication measures;
  • Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Retirable or any of Retirable’s providers or any other third party (including another user) to protect the Services;
  • Attempt to access or search the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Retirable or other generally available third party web browsers;
  • Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
  • Use any meta tags or other hidden text or metadata utilizing a Retirable trademark, logo URL or product name without Retirable’s express written consent;
  • Use the Services for any commercial purpose or the benefit of any third party or in any manner not permitted by this Agreement;
  • Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
  • Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
  • Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
  • Impersonate or misrepresent your affiliation with any person or entity;
  • Violate any applicable law or regulation; or
  • Encourage or enable any other individual to do any of the foregoing.

Retirable reserves the right to terminate access to Services to any Customer at any time if we, at our sole discretion, consider the Customer to be or in violation of this Agreement. We have the right to investigate violations of this Agreement or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

Links to Third Party Websites or Resources

The Services and App may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.

Termination

We may terminate your access to and use of the Services, at our sole discretion, at any time and with notice to you by email. You may cancel your Account at any time by sending an email to us at support@retirable.com. Upon any termination, discontinuation or cancellation of Services or your Account, all provisions of this Agreement which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.

Warranty Disclaimers

The Services are provided “as is,” without warranty of any kind. Without limiting the foregoing, we explicitly disclaim any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement and any warranties arising out of course of dealing or usage of trade. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis.

Indemnity

You will indemnify and hold harmless Retirable and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Services or (ii) your violation of this Agreement.

Limitation of Liability

Neither Retirable nor any other party involved in creating, producing, or delivering the Services will be liable for any incidental, special, exemplary or consequential damages, including, but not limited to, lost profits, loss of data or goodwill, service interruption, computer damage or system failure or the cost of substitute Services arising out of or in connection with this Agreement or from the use of or inability to use the Services,, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not Retirable has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

Dispute Resolution

Governing Law and Venue

This Agreement shall be governed exclusively by and construed and interpreted in accordance with the U.S. Federal Arbitration Act, federal arbitration law, and the laws of the State of New York, excluding its provisions on conflicts or choice of laws. Except as otherwise expressly set forth in this Agreement, any legal action or proceeding arising under this Agreement shall be brought exclusively in courts located in New York, NY or federal court for the Southern District of New York, and the parties hereby irrevocably consent to the personal jurisdiction and venue therein. Further, Customer hereby irrevocably waives, to the fullest extent permitted by law: (a) any objection Customer may have now or in the future to such jurisdiction or venue, and (b) any claim that any such action or proceeding arising under this Agreement has been brought in an inconvenient forum. Except as otherwise set forth in this Agreement, nothing limits either party’s right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or any other form of relief.

Arbitration

  1. This agreement contains an arbitration provision. By entering into this agreement the parties agree as follows:

    1. all parties to this agreement are giving up the right to sue each other in court, including the right to a trial by jury except as provided by the rules of the arbitration forum in which a claim is filed;
    2. arbitration awards are generally final and binding; a party's ability to have a court reverse or modify an arbitration award is very limited;
    3. the ability of the parties to obtain documents, witness statements and other discovery is generally more limited in arbitration than in court proceedings;
    4. the arbitrators do not have to explain the reason(s) for their award except in very limited circumstances;
    5. the panel of arbitrators will typically include a minority of arbitrators who were or are affiliated with the securities industry;
    6. the rules of some arbitration forums may impose time limits for bringing a claim in arbitration; and
    7. the rules of the arbitration forum in which the claim is filed any amendments thereto, shall be incorporated into this agreement.

This arbitration provision should be read in conjunction with the disclosures in this agreement. any and all controversies, disputes or claims between retirable and customer or their representatives, employees, directors, officers, or control persons, arising out of, in connection with, from, or with respect to (a) any provisions of or the validity of this agreement or other agreements relating to customer’s participation in the services, (b) the relationship of the parties hereto, or (c) any controversy arising out of retirable’s business or customer’s account or retirable profile (collectively, "claims"), shall be conducted solely by arbitration pursuant to the rules then in effect of the american arbitration association. arbitration must be commenced by service of a written demand for arbitration or a written notice of intention to arbitrate upon the other party. the decision and award of the arbitrator(s) shall be conclusive and binding upon all parties, and any judgment upon any award rendered may be entered in a court having jurisdiction thereof, and neither party shall oppose such entry. any such arbitration shall be held in new york city, new york. the parties agree that there shall be no right or authority for any claims to be arbitrated on a class action basis, and customer expressly waives any right to bring a class action lawsuit or arbitration against retirable or its representatives, employees, directors, officers, or control persons with respect to any claims.

Notwithstanding the foregoing or anything to the contrary in this Agreement, in no way shall this Agreement constitute a waiver or limitation of rights that Customer may have under federal or state securities laws to pursue a remedy by other means if and to the extent such laws guaranty such right to Customer and do not permit the waiver thereof.

  1. Class Action Waiver. Customer and Retirable agree that each may bring claims against the other only in customer’s or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. further, if our dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with Customer’s claims, and may not otherwise preside over any form of a representative or class proceeding. If any of the specific provisions within this Section are found to be unenforceable, the remainder of this Section shall not be affected thereby and, to this extent, the provisions of this Section shall be deemed to be severable.

General Agreement

This Agreement constitutes the entire and exclusive understanding and agreement between Retirable and you regarding the Services, and this Agreement supersedes and replaces any and all prior oral or written understandings or agreements between Retirable and you regarding the Services. If any provision of this Agreement is held invalid or unenforceable by an arbitrator appointed pursuant to the Agreement of the “Arbitration” section above, that provision will be enforced to the maximum extent permissible and the other provisions of this Agreement will remain in full force and effect. You may not assign or transfer this Agreement. Any attempt by you to assign or transfer this Agreement, without such consent, will be null and of no effect. Any notices or other communications provided by Retirable under this Agreement, including those regarding modifications to this Agreement, will be given: (i) by Retirable via email; or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. You agree to maintain a current and functioning email address to receive notices and communications from Retirable for the duration of this Agreement.

Retirable’s failure to enforce any right or provision of this Agreement will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Retirable. Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise.

Contact Information

If you have any questions about this Agreement or the Services, please contact Retirable at support@retirable.com.