Terms of Use (“Terms”)

Last updated: January 9, 2019

Please read these Terms of Use (“Terms”) carefully before using the https://www.retireone.com website (the “Service”) operated by Aria Retirement Solutions, Inc. (“Aria”, “we”, or “us”).

Your access to and use of this Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

When you register for an Aria service, we may ask you to give us certain identifying information (“Registration”). You agree to provide true, accurate, current and complete information about yourself. You also agree not to impersonate any person or entity, misrepresent any affiliation with another person, entity or association, use false headers or otherwise conceal your identity from Aria for any purpose. We agree to treat with care the information you entrust to us, in accordance with the disclosures we give during the Registration process and in our Privacy Policy.

For your protection and the protection of our other customers and users, we ask you not to share your Registration information (including passwords, user name, and screen names) with any other person for the purpose of facilitating their access and unauthorized use of Aria services. You alone are responsible for all transactions initiated, messages posted, statements made, or acts or omissions that occur within any Aria service through the use of your Registration information.

Aria may offer you the opportunity to personalize our services and your online experience. While certain personalization features can provide a more convenient way to access the data and features most relevant to you, be aware that “cookies” and other similar identification techniques are used to associate you with the computer or electronic device that you are using. If you access the Service from a public location or if you otherwise share a computer or electronic device, some personalization features could reveal non-public personal information about you to others. You alone are responsible for deciding whether a particular personalization feature is appropriate for you and for any consequences that result from your decision.

Unless otherwise indicated for a particular Aria service, any communications or material of any kind that you e-mail, post or otherwise transmit through this Service, including data, questions, comments, or suggestions will be treated as non-confidential and non-proprietary. You hereby grant a license to us to reproduce, disclose, transmit, publish, broadcast, or post your communications either on this Service or elsewhere with no liability or obligation to you. Aria is free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose including, but not limited to, developing and marketing products using such information.

Our Service may contain links to third­ party web sites or services that are not owned or controlled by Aria. Aria has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Aria shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. To protect the privacy and security of your personal information, third party service providers will only be authorized to use or maintain your personal information only in accordance with Aria’s privacy policy.

You agree to accept all communications from us regarding use of the Aria services at the addresses you provide during Registration. Please promptly update any changes to your registration information. Aria is entitled to rely on the e-mail address and U.S. mail address that you last provided to us. You agree to waive all claims resulting from failure to receive communications because of changes in your e-mail or U.S. mail address. From time to time, we would like to send you information about Aria products and services. If you register for an Aria service, you are granting Aria permission to communicate with you by e-mail. You can opt not to receive such information from us in the future by following the instructions in any e-mail that we send to you.

You agree to be bound by any affirmation, assent, or agreement you transmit through the Aria Services you access by computer or other electronic device, including internet, telephonic and wireless devices, including but not limited to any consent you give to receive communications from us solely through electronic transmission. You agree that, when in the future you click on an “I agree,” “I consent” or other similarly worded “button” or entry field with your mouse, keystroke or other device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.

The following requirements apply to your use of all Aria services:

  • You will not use any electronic communication feature of an Aria service for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening or hateful.
  • You will not upload, post, reproduce or distribute any information, software or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights.
  • You will not collect or store personal data about other users.
  • You will not use any Aria service for any commercial purpose not expressly approved by Aria in writing. You will not upload, post, e-mail or otherwise transmit any advertising or promotional materials, including, without limitation, “junk mail,” “surveys,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation or unauthorized communication.
  • You will not upload, post, e-mail or otherwise transmit any material that contains viruses or any other computer code, files or programs which might interrupt, limit or interfere with the functionality of any computer software or hardware or telecommunications equipment.

The Aria Service and content are for information and education purposes only. Although Aria services may provide information relating to investment approaches and opportunities to buy or sell securities, you should not construe any information, features, tools or other content available through any Aria service as legal, tax, investment, financial or other advice. Nothing contained in any Aria service constitutes a solicitation, recommendation, endorsement, or offer by Aria or a third party service provider to buy or sell any securities or other financial instruments.

You alone assume the sole responsibility of evaluating the merits and risks associated with the use of any Aria service before making any decisions based on information or content contained in an Aria service. In exchange for using Aria services, you agree not to hold Aria nor any third party service provider liable for any possible claim for damages arising from any decision you make based on information made available to you through any Aria service.

Electronic (including wired and wireless) communications through the Aria services may not be encrypted. You acknowledge that there is a risk that data, including e-mail, electronic and wireless communications and personal data, may be accessed by unauthorized third parties when communicated between you and Aria or between you and other parties.

Aria and agents are entitled, but not obligated, to review or retain your communications. We and our third party service providers may monitor your communications to evaluate the quality of service you receive, your compliance with Terms, the security of the Aria services, or for other reasons. You agree that these monitoring activities will not entitle you to any cause of action or other right with respect to the manner in which Aria or its third party service providers monitor your communications and enforce or fail to enforce the Terms. In no event will Aria or its third party service providers be liable for any costs, damages, expenses or any other liabilities incurred by you as a result of any monitoring activities.

ALTHOUGH ARIA TRIES TO PROVIDE ACCURATE AND TIMELY INFORMATION THROUGH ITS ARIA SERVICE, THERE MAY BE INADVERTENT TECHNICAL OR FACTUAL INACCURACIES AND TYPOGRAPHICAL ERRORS. ARIA RESERVES THE RIGHT TO MAKE CHANGES AND CORRECTIONS AT ANY TIME, WITHOUT NOTICE. THE INFORMATION PROVIDED THROUGH THE ARIA SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” ARIA DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED IN THE ARIA SERVICE. ARIA PROVIDES NO GUARANTEE AGAINST THE POSSIBILITY OF DELETION, MIS-DELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. ARIA EXPRESSLY DISCLAIMS ALL LIABILITY FOR ERRORS OR OMISSIONS IN, OR THE MISUSE OR MISINTERPRETATION OF, ANY INFORMATION CONTAINED IN THE ARIA SERVICE. ARIA MAY CHANGE INFORMATION CONTAINED IN THE ARIA SERVICE AT ANY TIME AND MAKES NO COMMITMENT TO UPDATE THE INFORMATION CONTAINED IN THE ARIA SERVICE. YOU ASSUME THE ENTIRE RISK AS TO THE USE OF THE ARIA SERVICE.

FURTHER, ARIA MAKES NO WARRANTIES REGARDING THE ARIA SERVICE. ARIA AND ITS AFFILIATES AND AGENTS (INCLUDING THIRD PARTY SERVICE PROVIDERS) DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ARIA SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER ELECTRONIC SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ARIA OR THROUGH OR FROM THE ARIA SERVICE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

YOU AGREE TO INDEMNIFY AND HOLD ARIA AND ITS AFFILIATES, AGENTS, EMPLOYEES, AND LICENSORS (INCLUDING THE THIRD PARTY SERVICE PROVIDERS) HARMLESS FROM ANY CLAIM, DEMAND, LOSS, COSTS OR EXPENSE, INCLUDING ATTORNEYS’ FEES, MADE BY ANY PERSON ARISING OUT OF YOUR VIOLATION OF THIS AGREEMENT, STATE OR FEDERAL SECURITIES LAWS OR REGULATIONS, OR ANY OTHER PERSON’S RIGHTS, INCLUDING BUT NOT LIMITED TO INFRINGEMENT OF ANY COPYRIGHT OR VIOLATION OF ANY PROPRIETARY OR PRIVACY RIGHT.

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL ARIA OR ITS AFFILIATES, AGENTS, EMPLOYEES, OR LICENSORS (INCLUDING THIRD PARTY SERVICE PROVIDERS) BE LIABLE FOR ANY DAMAGES OF ANY KIND THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY ARIA SERVICE, EVEN IF ANY SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

IN NO EVENT WILL ARIA OR ITS THIRD PARTY SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY TORT, CONTRACT OR ANY OTHER LIABILITY ARISING IN CONNECTION WITH THE USE OF AN ARIA SERVICE, OR RELIANCE ON ANY INFORMATION OR SERVICES PROVIDED BY ARIA. ARIA AND ITS THIRD PARTY SERVICE PROVIDERS WILL UNDER NO CIRCUMSTANCES BE LIABLE TO YOU AND/OR ANY THIRD PARTY, REGARDLESS OF THE FORM OF ACTION, FOR ANY LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER, EVEN IF ARIA OR ITS THIRD PARTY SERVICE PROVIDERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE ARIA SERVICE; (ii) THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY USER DATA, COMMUNICATIONS OR PERSONALIZATION SETTINGS; (iii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE ARIA SERVICE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANYONE ON THE ARIA SERVICE; (vi) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY, EVEN IF THE THIRD PARTY HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES; OR (vii) ANY OTHER MATTER RELATING TO THE ARIA SERVICE. YOU AGREE THAT YOU WILL NOT IN ANY WAY HOLD ARIA RESPONSIBLE FOR ANY SELECTION OR RETENTION OF, OR THE ACTS OR OMISSIONS OF, THIRD PARTIES (INCLUDING THIRD PARTY SERVICE PROVIDERS) IN CONNECTION WITH THE ARIA SERVICE.

Because some states prohibit the limitation of liability for consequential or incidental damages, in such states the limitation of liability only with respect to consequential or incidental damages may not apply to you, and the respective liability of Aria and its third party service providers, employees, distributors and agents is limited to the greatest extent allowable under applicable law in those states.

In the event that a court or arbitration panel, as the case may be, should hold that the limitations of liabilities or remedies available as set forth in this Terms, or any portions thereof, are unenforceable for any reason, or that any of your remedies under this Terms fail, then you expressly agree that under no circumstances will the total, aggregate liability of Aria and its third party service providers, employees, distributors, agents or affiliates, to you or any party claiming by or through you for any cause whatsoever, exceed $100 (U.S.), regardless of the form of action and whether in contract, statute, tort or otherwise.

Except as otherwise permitted by Aria, no materials from the Aria services or any site owned, operated, licensed or controlled by Aria may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. You may download material displayed on the Aria Service for non-commercial, personal use. If you do so, you agree to retain all copyright and other proprietary notices contained on the materials. You may not use, distribute, modify, transmit, or post the content of the Aria Service for public or commercial purposes, including any text, images, audio, or video without Aria’s written permission.

The Aria services are owned by Aria or its affiliates or agents (including the third party service providers) and are protected by United States copyright laws and international treaty provisions. All content, trademarks, services marks, trade names, logos, and icons are proprietary to Aria or its affiliates, licensors or agents (including the third party service providers). Other third-party products and brand names may be trademarks or registered trademarks of their respective owners, and may not be affiliated with Aria. Nothing contained in the Aria services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Aria Service without the written permission of Aria or such third party that may own the trademarks displayed on the Aria Service. Your use of the trademarks displayed on the Aria Service, or any other content in the Aria Service, except as provided herein, is strictly prohibited.

Aria reserves the right to modify or discontinue, temporarily or permanently, the Aria Service (or any part thereof) with or without notice. You agree that Aria will not be liable to you or to any third party for any modification, suspension or discontinuance of the Aria Service. The license granted under the Terms will terminate if Aria believes that any information provided by you, including your e-mail address, is no longer current or accurate, or if you fail to otherwise comply with any term or condition of the Terms. Upon such violation, you agree to terminate access to the Aria Service.

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. You agree to be bound by future revisions. It is your responsibility to visit the link at the bottom of the RetireOne.com home page periodically to review the most current terms and conditions. If you have an account with Aria, your customer relationship with Aria is also governed by your account agreements. If there is any conflict between (1) the Terms and (2) your account agreements, then your account agreements will govern. Aria may also offer other services from time to time that are governed by different or additional terms and conditions.

If you have any questions about these Terms, please contact us.