Terms and Conditions of Website Use
Effective Date: May 24, 2017
Please read these terms of use (Terms) carefully before using this website. Your access to this website and use of the services provided by this website is conditioned on your acceptance and compliance with these Terms. By "Website", we mean the Internet domain address within which this User Agreement is posted and all features, applications, content, and downloads that are operated by us and that are available through or interact with it, and/or post links to this User Agreement.
General
This website is owned and operated by The Annuity Source | Retirement Designers, Inc. (hereinafter “TAS | RD”). This website is used to provide many types of information. By using this website, including the services provided by this website, you acknowledge and agree to comply with these Terms, and all applicable laws in connection with TAS | RD’s copyright, trademark and other intellectual property rights. If you do not agree, you should not access or use this website. If you want to use this website, then carefully read this User Agreement, as it constitutes a written agreement between you and TAS | RD and it affects your legal rights and obligations.
Changes
TAS | RD, in its sole discretion, may modify these Terms, or add or remove terms at any time and such modifications, additions or deletions will be effective immediately upon posting. TAS | RD may change or discontinue any aspect, feature or service of the website at any time, temporarily or permanently, with or without notice.
Restrictions on use
The content of this website, including all text, graphics, compilations, data, and other documentation, is the property of TAS | RD and is protected by copyright law. TAS | RD reserves all rights not expressly granted in these Terms.
TAS | RD grants you a limited personal, non-exclusive, non-transferable license to use our information for your own personal, internal business use, or if you are a professional, for your client. Except as otherwise provided in these Terms of Use or as expressly authorized by TAS | RD in writing, you may not (or enable others to):
- Modify, copy, screen capture, distribute, forward, transmit, post, display, perform, reproduce, publish, broadcast, license, create derivative works from, transfer, sell, or exploit any reports, data, information, content, software, RSS and podcast feeds, products, services, or other materials on, generated by or obtained from this website, whether through links or otherwise (collectively, "Materials");
- Redeliver any page, text, image, or Materials on this website using "framing" or other technology;
- Engage in any conduct that could damage, disable, or overburden (i) this website, (ii) any Materials or services provided through this website, or (iii) any systems, networks, servers, or accounts related to this website, including without limitation, using devices or software that provide repeated automated access to this website, other than those made generally available by TAS | RD;
- Probe, scan, or test the vulnerability of any Materials, services, systems, networks, servers, or accounts related to this website or attempt to gain unauthorized access to Materials, services, systems, networks, servers, or accounts connected or associated with this website through hacking, password or data mining, or any other means of circumventing any access-limiting, user authentication or security device of any Materials, services, systems, networks, servers, or accounts related to this website;
- Modify, copy, obscure, remove, or display TAS | RD's name, logo, trademarks, text, notices, or images without TAS | RD's express written permission.
Disclaimer of warranty; limitation of liability
TAS | RD attempts to provide the best information available, but situations will occur that disrupt service or cause inaccurate information to be posted. The material presented on this website is not guaranteed as to accuracy, completeness, reliability, usefulness, or timeliness. The provision of the website depends on a number of items, including Internet availability, communications networks, and computer equipment which are beyond the control of TAS | RD and difficult to predict. The information on this website is not intended to constitute advice nor is it to be used as a substitute for specific advice from a professional. You should not act (or refrain from acting) based upon the information on this website without independently verifying the information and, as necessary, obtaining professional advice regarding your particular facts and circumstances. Those relying on information presented on this website do so at their own risk. You assume the risk that the information provided
may be incorrect, as well as the risk that any information or material downloaded by you may cause loss of data or damage to your computer systems and neither TAS | RD, nor any of its officials, employees or agents shall be liable for either the accuracy of this information or any actions taken based on the information. TAS | RD does not represent that the use of any information will not infringe privately owned rights.
All information on this website is provided "as is", “with all faults” and “as available” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, accuracy, or non-infringement nor shall the distribution of this information constitute any warranty. TAS | RD assumes no responsibility for errors or omissions in the information or software or other documents which are referenced by or linked to this website. To the fullest extent permissible under applicable law, under no circumstances, including, but not limited to, negligence, shall TAS | RD, its officials and employees, or any contributor to this website be liable for any direct or indirect damages, even if both parties are aware of the possibility of such damages, including without limitation loss of profits or for any other incidental, special, consequential or exemplary damages, however caused, whether based upon contract,
negligence, strict liability in tort, warranty, or any other legal theory, arising out of or related to your use of, or the inability to use, this website or its content. TAS | RD is not responsible for or liable for any damage, including damage caused by viruses, to your computer, computer system, or other property, during or on account of access or use of this website or any sites to which this website provides links.
This website may link to other sites not maintained by or related to TAS | RD. Such hyperlinks are provided as a service to users and are not sponsored by, endorsed or otherwise affiliated with this website or with the services of TAS | RD. TAS | RD has not reviewed all of the sites linked to the website and is not responsible for the content of any off-site pages or links to any other sites. Viewing all other sites is at your own risk.
No Waiver
Except as expressly set forth in this User Agreement, (i) no failure or delay by you or TAS | RD in exercising any of rights, powers, or remedies under will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of this User Agreement will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.
Indemnification
As a condition of your use of this website, you agree to indemnify and hold TAS | RD and any third-party content providers harmless from and against any and all claims, losses, liability, costs and expenses (including but not limited to attorneys' fees) arising from your use of this website, or from your violation of these Terms.
Termination
The rights granted to you herein terminate immediately upon any violation by you of these Terms of Use. TAS | RD, in its sole discretion, reserves the right to temporarily or permanently terminate your access to and use of this website at any time and for any reason whatsoever, without notice or liability. TAS | RD will not be liable to you or any third party for any termination of your access to or use of this website.
Miscellaneous
These terms of use constitute the entire agreement between you and TAS | RD with respect to the subject matter hereof and supersede all previous written or oral agreements, if any, between you and TAS | RD with respect to such subject matter. These terms of use shall be construed in accordance with the laws of the State of Washington as well as with all federal law and regulations, without regard to its conflict of laws provisions. You consent to the exclusive jurisdiction of the state and federal courts in King County, Washington, in all disputes arising out of or related to these terms of use and the use of this website. The invalidity of any term or provision of these terms will not affect the validity of any other term or provision. Waiver by TAS | RD of strict performances of any provision of these terms will not be a waiver of or prejudice TAS | RD's right to require strict performance of the same provision in the future or of any other provision of these terms. No waiver by
either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.