The following are terms of legal agreement (“Agreement”) between you and Retirement BRAIN By accessing, browsing and/or using this webs site (“Site”) you acknowledge that you have read, understood and agree to be bound by these terms and to comply with all applicable laws and regulations. If you do not agree to these terms, do not use the Site. This Site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this Site may contain technical inaccuracies or typographical errors. Please read this agreement carefully and be aware that Retirement BRAIN may, in its sole discretion and with notice, revise these terms at any time by update this posting.
Retirement BRAIN makes no representation whatsoever about any other web site which you may access through this one. When you access a non Retirement BRAIN web site, please understand that it is independent from Retirement BRAIN, and that Retirement BRAIN has no control over the content on that web site, even if Retirement BRAIN®, Inc, provides information or services to the owner of that web site. In addition a link to a non- Retirement BRAIN®, Inc,. web site does not mean that Retirement BRAIN endorses or accepts any responsibility for the content or the use of such web site. In fact Retirement BRAIN disclaims any and all liability and responsibility for such content. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature.
COPYRIGHTS AND USE OF THE SITE CONTENT
The copyright in all materials provided on this Site is held by Retirement BRAIN or by the original creator of the material. Except as stated herein, none of the materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of Retirement BRAIN or the copyright owner. Permission is granted to download one copy of the materials on this site on a single computer for your personal or internal business use only provided that you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates immediately if you breach this Agreement. You may not “Mirror” any material contained on this Site without Retirement BRAIN’s express written permission. Any unauthorized use of the materials contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity and/or communications regulations and statutes. All content and functionality on this Site, including text, graphics, logos, icons, and images and the selection and arrangement thereof, are the exclusive property of Retirement BRAIN or its licensors and is protected by U.S. and international copyright laws. All rights not expressly granted are reserved.
"COOKIES" AND OTHER ONLINE INFORMATION
Subject to the terms of any Retirement BRAIN privacy notice, you agree that Retirement BRAIN may collect information from you online through its Internet web site(s), subject to the following:
Retirement BRAIN like many web sites, uses “cookies” (a small text file placed on the user’s hard drive) and/or “web bugs” ( a small graphic designed to monitor who is reading the page or message) to facilitate site navigation, maintain quality of online service, provide additional security, and allow the customization of your access to Retirement BRAIN The “cookies” automatically collect information about your computer hardware and software, which can include browser type, access times, and Internet Protocol (IP) address. Retirement BRAIN Does not use “cookies “ to collect information from third party web sites that you may visit. Retirement BRAIN may personalize your user experience by using information about your interests to recommend other services or sites that might be of interest to you; Retirement BRAIN may also monitor user traffic patterns and site usage to help provide enhancements to its services; Retirement BRAIN may use the information it collects to notify you about new services or special offers; Retirement BRAIN may make use of “cookies” and/or “web bugs” to enable it to store information and prepare customized pages or other personalized aspects of its services; and, Retirement BRAIN reserves the right to reveal any Registration Data or other information in its possession regarding users of its services in cooperation with a request or investigation by any governmental body or governmental agency.
The trademarks, service marks and logos (the “Trademarks”) used and displayed on this Site are registered and unregistered Trademarks of Retirement BRAIN Other trademarks, service marks and trade names may be owned by others. Nothing on this Site should be construed as granting, by implication, any license or right to use any Trademark or any other Retirement BRAIN intellectual property displayed on this Site. Retirement BRAIN aggressively enforces its intellectual property rights to the fullest extent of the law. The name Retirement BRAIN or any other Trademarks may not be used in any way, including in advertising or publicity pertaining to distribution or materials on this Site. Without prior written permission from Retirement BRAIN Retirement BRAIN also prohibits use of Retirement BRAIN or any other Trademark as part of the link to or from any site unless establishment of such a link is approved in advance by Retirement BRAIN in writing.
You acknowledge and agree that Retirement BRAIN shall own and have the unrestricted right to use, publish, in electronic form and otherwise, distribute and exploit any and all information that you post or otherwise publish on this Site (“Submission”). You hereby waive any and all claims against Retirement BRAIN for any alleged or actual infringements of any rights of privacy or publicity, moral rights, rights of attribution or any other intellectual property rights in connection with Retirement BRAIN®, Inc use and publication of such Submissions. This means that anything submitted by you to this Site will be owned by Retirement BRAIN and may be used by Retirement BRAIN®, Inc for any purpose, now or in the future, without any payment to, or further authorization by, you. In the event that Retirement BRAIN’s ownership of such submissions is successfully contested you automatically grant Retirement BRAIN a perpetual, royalty-free, non-exclusive, unrestricted, worldwide and irrevocable right and license to use , reproduce, modify, publish, translate, prepare derivable works based upon, distribute, perform or display such submissions, in whole or in part in any form, media or technology known or hereafter developed for any purpose, including, but not limited to, advertising and promotional purposes. Retirement BRAIN does not represent or endorse the accuracy or reliability of any Submissions displayed, updated, posted on any message board, or otherwise distributed through this Site by any user of this Site, information provide or any other third party. Retirement BRAIN expressly disclaims any and all liability related to Submission shall be at your sole risk. You covenant that you shall not post or otherwise publish on the Site any materials that: (i) are threatening, libelous, defamatory, or obscene; (ii) would constitute, or that encourage conduct that would constitute criminal offense, give rise to civil liability, or that otherwise violate law; (iii) infringe the intellectual property, privacy, or other rights of any third parties; (iv) contain a computer virus or other destructive element; (v) contain advertising, or (vi) constitute or contain false or misleading statements. Retirement BRAIN in its sole discretion reserves the right to refuse to post and the right to remove any information or Submission from this Site, in whole or in part, for any reason.
NO SERVICES, ENDORSEMENT OR PROFESSIONAL CONSULTATION
There may be delays, omissions or inaccuracies in information obtained through your use of this Site. This information is provided to you with the understanding that Retirement BRAIN’s provision of this information to you does not constitute the rendering of investment, consulting , legal, accounting, tax, career or other advice or services. Information used as a substitute for consultation with professional advisors. Moreover, Retirement BRAIN does not represent or endorse the accuracy or reliability of any advise, opinion statement, or other information displayed, uploaded, downloaded, or distributed through this Site by Retirement BRAIN any user information provider or any other person or entity. You acknowledge that any reliance upon such opinion, advice, statement, memorandum, or information shall be at your sole option and risk. Moreover, Retirement BRAIN does not grant any license or other authorization to you to use this Site in any manner if such use in whole or in part suggests that Retirement BRAIN promotes or endorses any third party’s causes, ideas political campaigns, political views, web sites, products or services.
ACCESS TO THIS WEBSITE
Retirement BRAIN may alter suspend or discontinue this Site or your access to use this Site at any time for any reason without notice or liability to you or any third party. This Site may become unavailable due to maintenance or malfunction of computer equipment or for other reasons and may result in damages to the user’s systems or operations. The user shall be solely responsible for ensuring that any information or content obtained from this Site does not contain any virus or other computer software code or subroutine designed to disable, erase, impair or otherwise damage the user’s systems, software or data.
DISCLAIMER OF WARRANTIES
The site and all materials thereon are distributed on an “as is” basis without warranties of any kind. To the fullest extent permissible under applicable law, Retirement BRAIN disclaims all warranties, express or implied, including , but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, specifically but without limitation. Retirement BRAIN does not warrant that; (1) The information on this site is correct, accurate or reliable; (2) The functions contained on this site will be uninterrupted or error-free; (3) Defects will be corrected, or that this site or the server that makes them available are free of viruses or other harmful components. You hereby acknowledge that use of this site is at your sole risk. If you are a California resident, you hereby waive California civil code section 1542 which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
LIMITATION OF LIABILITY
Under no circumstances shall Retirement BRAIN or any of its predecessors, successors, parents, subsidiaries, affiliates, officers, directors, shareholders, investors, employees, agents, representatives attorneys and their respective heirs, successors and assigns be liable for any damages, including direct incidental, punitive, special, consequential or exemplary damages that directly or indirectly result from the use of, or the inability to use, this site or the information contained on this Site including for viruses alleged to have been obtained from this site, even if Retirement BRAIN®, Inc has been advised of the possibility of such damages in no event shall Retirement BRAIN or any of its predecessors, , successors, parents, subsidiaries, affiliates, officers, directors, shareholders, investors, employees, agents, representatives attorneys and their respective heirs, successors and assigns, total liability to you for all damages, losses, and causes of action whether in contract, tort (including, but not limited to, negligence) or otherwise exceed $1. Some jurisdictions may not allow the exclusion of implied warranties in which case some of the above exclusions may not apply to all users.
You hereby indemnify, defend, and hold harmless, Retirement BRAIN and all of its , successors, parents, subsidiaries, affiliates, officers, directors, shareholders, investors, employees, agents, representatives attorneys and their respective heirs, and assigns (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorney’ fees, incurred by the Indemnified Parties in connection with any claim arising out of or relating to any breach by you of this Agreement or the representations, warranties, and covenants you have made by agreeing to the terms of this Agreement. You shall cooperate as fully as reasonably required in the defense of any such claim. Retirement BRAIN reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
This Agreement constitutes the entire agreement between you and Retirement BRAIN with respect to the subject matter of this Agreement and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding that subject matter. Any waive of any provision of this Agreement will be effective only if in writing and signed by Retirement BRAIN