Terms of Use
Retirement Life Plan Website and General Terms of Use
Last Updated: April 24, 2025
1. Acceptance of Terms
These Website and General Terms of Use (these “Terms”) govern your access to websites, courses, directories and related products and services operated by or on behalf of Retirement Life Plan, LLC (“Retirement Life Plan” “we” or “us”). These Terms are important and affect your legal rights, so please read them carefully (including the arbitration and class action waiver provisions). Note that Section 14 of these Terms contains a mandatory arbitration provision that requires the use of arbitration on an individual basis and limits the remedies available to you in the event of certain disputes.
By accessing or using https://www.retirementlifeplan.com/ and our various related websites, products and services (collectively, the “Retirement Life Plan Services”), you agree to be bound by these Terms and all of the terms incorporated herein by reference.
You must be 18 years of age or older to use the Retirement Life Plan Services. By accepting these Terms, you represent that you have the legal authority to do so, and that, if you have accepted these Terms on behalf of any person or entity, you represent that you have legal authority to do so and that such person or entity agrees to be responsible to us if you or such person or entity violates these Terms. If you do not agree to every provision of these Terms, you may not, and we do not authorize you to, access or use the Retirement Life Plan Services or any features provided therein.
By accessing or using the Retirement Life Plan Services, you represent and warrant that you have not been previously suspended or removed from the Retirement Life Plan Services or engaged in any activity that could result in suspension or removal from the Retirement Life Plan Services.
You should not construe Retirement Life Plan’s publication of any content found on the Retirement Life Plan Services as an endorsement by Retirement Life Plan of the views expressed therein, or any warranty or guarantee of any strategy, recommendation, handling or action made by the author of such content.
We may revise these Terms at any time for any reason and may provide you notice of these changes by any reasonable means, including through the Retirement Life Plan Services. You can determine when we last updated these Terms by referring to the “Last Updated” legend at the top of these Terms. Except to the extent that your express consent to any revised Terms is required under applicable law, by continuing to access, browse or use the Retirement Life Plan Services, you agree to any revised Terms. If you do not agree to any revised Terms, you may not and we do not authorize you to use the Retirement Life Plan Services. We strongly recommend that you periodically visit this page to review these Terms.
2. User Access
In order to access and use certain areas or features of the Retirement Life Plan Services, including but not limited to connecting with prospective clients or a coach who has been certified by Retirement Life Plan (a “Certified Retirement Life Coach”), you may need to provide certain information and/or answer certain questions. Access may also be subject to certain eligibility requirements including but not limited to previous experience or training, successful completion of the Retirement Life Plan certification course (which may include, but is not limited to, completion within one year of the course’s start date, our approval of your coursework and a passing score on the final exam), registration and payment. Each access grant is for a single user only.
You agree to (a) provide accurate, current and complete information, (b) maintain and promptly update, as necessary, your information, (c) be responsible for the acts or omissions of any third party who has authority to access or use the Retirement Life Plan Services on your behalf, and (d) immediately notify us if you discover or otherwise suspect any security breaches related to the Retirement Life Plan Services. If you provide information that is untrue, inaccurate, not current or incomplete, we may suspend and/or terminate your current or future use of the Retirement Life Plan Services.
By providing information and/or answering questions, you also consent to receive electronic communications from Retirement Life Plan (e.g., via email or by posting notices to the Retirement Life Plan Services). You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy.
We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein. If you have any trouble opting out, please send an email to us at hello@retirementlifeplan.com.
3. Right to Access and Use the Retirement Life Plan Services and Content
Unless otherwise indicated in writing by us, the Retirement Life Plan Services and all content and other materials contained therein, including, without limitation, any Retirement Life Plan mark or logo and all designs, text, graphics, pictures, information, data, software, other files and the selection and arrangement thereof (collectively, “Content”) are the property of Retirement Life Plan or our licensors or users, as applicable, and are protected by U.S. and international copyright and other laws.
Subject to these Terms, you are hereby granted a limited personal, revocable, non-exclusive, non-transferable, non-sublicensable right to access, view and make personal, non-commercial use of the Retirement Life Plan Services and Content solely for your use as part of the Retirement Life Plan Services. The Retirement Life Plan Services may or may not include our certification program, which is approved by the International Coaching Federation for certain hours of continuing coach education, core competencies and resource development. The Retirement Life Plan courses and any of their accompanying materials may not be shared with any party except, when specified by us, for designated exercises and handouts for use solely in coaching or workshops for individuals who are personally preparing for or adjusting to retirement. For clarity, the Retirement Life Coach Certification course, any other Retirement Life Plan course and any of their accompanying materials may not be duplicated, shared or used in any way in connection with any other coaching course or for any other non-approved purpose. All rights not expressly granted herein are reserved. You do not acquire any ownership interest in the Retirement Life Plan Services or Content under these Terms, or any other rights thereto other than to use the Retirement Life Plan Services in accordance with the rights granted by, and subject to all terms, conditions and restrictions of these Terms. Upon termination of your account, your license to use such course materials shall cease and you shall not use such materials thereafter for any purpose.
You do not have any right to, and you shall not, directly or indirectly, including but not limited to, for educational purposes: (a) sell, resell or use commercially the Retirement Life Plan Services or Content, (b) distribute, publicly perform or publicly display the Retirement Life Plan Services or any Content, (c) modify or otherwise make any derivative uses of the Retirement Life Plan Services or Content, or any portion thereof, (d) use any data mining, robots or similar data gathering or extraction methods, (e) download (other than page caching), screenshot, print or make copies of any portion of the Retirement Life Plan Services or Content, except as expressly permitted by us, (f) use the Retirement Life Plan Services to stalk, threaten, or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity; (g) interfere with the Retirement Life Plan Services or servers or networks used in connection with the Retirement Life Plan Services; or (h) use the Retirement Life Plan Services or Content other than for their intended purposes.
Any use of the Retirement Life Plan Services or Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the right of access and use granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Except as expressly permitted herein, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright, or other proprietary rights of Retirement Life Plan or any third party, whether by estoppel, implication or otherwise.
You will not remove, alter, or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying any Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license, or otherwise exploit any Content.
We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Retirement Life Plan Services (or any features or parts thereof) at any time.
4. Trademarks
The Retirement Life Plan logo, and any other Retirement Life Plan product or service names, trademarks, logos, certification marks or other indicia that may appear on the Retirement Life Plan Services (“Marks”) are the property of Retirement Life Plan or its subsidiaries, affiliates or third parties, and neither the Marks nor any confusingly similar mark may be copied, imitated, or used, in whole or in part, without our prior written permission, including but not limited to in a domain name or business name. Nothing contained in these Terms and/or the Retirement Life Plan Services shall be construed as granting, by implication or otherwise, any license or right to use any such Marks without the prior written permission of Retirement Life Plan or such third party that may own such Marks. Written permission to use any certification marks owned or issued by Retirement Life Plan will be provided only upon successful completion of the Retirement Life Plan Coach Certification course, including a passing score on the final exam and our approval of certain coursework. Our certification standards are outlined at www.retirementlifeplan.com/certification-standards and incorporated herein.
5. Privacy Policy
Our Privacy Policy describes how we handle the personal information you provide to us when you use the Retirement Life Plan Services. For an explanation of our privacy practices, please visit our Privacy Policy located at https://www.retirementlifeplan.com/privacy-policy.
6. User Content
You are solely responsible and liable for all data, information, and other materials (“User Content”) that you submit, upload, post, e-mail or otherwise transmit (“Transmit”) in connection with the Retirement Life Plan Services, including, but not limited to, information submitted for use in our directories or event listings. In addition, we have no control over, and shall have no liability for, any damages resulting from the use (including without limitation, republication) or misuse by any third party of information made public through the Retirement Life Plan Services. IF YOU CHOOSE TO SUBMIT TO US, OR OTHERWISE MAKE ANY USER CONTENT PUBLICLY AVAILABLE, YOU DO SO AT YOUR OWN RISK AND WE SHALL HAVE NO LIABILITY THEREFOR.
You agree that you will not, and will not permit anyone else to, directly or indirectly: (a) Transmit any User Content that is unlawful, harmful, threatening, abusive, hateful, obscene, harassing, tortious, defamatory, libelous, slanderous, pornographic, profane, vulgar, offensive, lewd, invasive of another’s privacy or racially, ethnically or otherwise objectionable; (b) Transmit any User Content: (i) that you do not have the right to Transmit, under any law or contractual or fiduciary relationships, including, without limitation, any inside information or proprietary or confidential information; (ii) that infringes any patent, copyright, trademark or other intellectual property right or misappropriates any trade secret or right of privacy of any third-party; (iii) that constitutes unsolicited or unauthorized advertising or promotional materials, “spam,” “chain letters,” or pyramid schemes; or (iv) that contains any software routine, code, instruction or virus that is designed to disable, delete, modify, damage or erase software, hardware or data; or (c) forge headers or otherwise manipulate identifiers in order to disguise any User Content Transmitted through the Retirement Life Plan Services.
Although we have no obligation to screen, edit or monitor User Content, we reserve the right, and have absolute discretion, to remove, screen or edit User Content posted or stored on the Retirement Life Plan Services at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Retirement Life Plan Services at your sole cost and expense.
7. Rights in User Content
We do not claim any ownership interest in User Content. However, by uploading, posting or submitting User Content to the Retirement Life Plan Services or to our pages or feeds on third-party social media platforms (e.g., Retirement Life Plan’s Facebook page, LinkedIn page or Instagram page), you hereby grant Retirement Life Plan a nonexclusive, royalty-free, worldwide, perpetual, irrevocable and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and publicly display your User Content, in whole or in part, in any manner or media and for any purpose whatsoever at our sole discretion, including, without limitation, for publicity, promotional, advertising, trade, business, illustration, artistic and other commercial and noncommercial purposes. However, Retirement Life Plan will only share personal information that you provide in accordance with our Privacy Policy.
You agree that Retirement Life Plan may disclose or use any User Content for any purposes permitted under applicable law, including, but not limited to: (a) enforcing these Terms; (b) complying with any laws, regulations or rules of any federal, state or local government or agency; (c) responding to claims that any User Content violates the rights of third parties; or (d) protecting the rights or property of Retirement Life Plan, its customers or the public.
8. Feedback
Separate and apart from User Content, you can submit questions, comments, suggestions, ideas, original or creative materials or other information about Retirement Life Plan, or the Retirement Life Plan Services (collectively, “Feedback”). Feedback shall become the sole property of Retirement Life Plan. Retirement Life Plan shall own exclusive rights, including, without limitation, all intellectual property rights, in and to Feedback and shall be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
9. Third-Party Sites, Third-Party Providers and Third-Party Clients or Prospective Clients
No agency, partnership, or joint venture has been created between you and Retirement Life Plan, or between any third party and Retirement Life Plan, as a result of these Terms.
We have not reviewed all of the websites linked to the Retirement Life Plan Services and are not responsible for the content of any third-party pages or any other websites linked to the Retirement Life Plan Services. We do not guarantee and we are not responsible for any information, products or services offered by third parties, third-party agreements or third-party representations. Nothing in the Retirement Life Plan Services, including, without limitation, any coach or other provider profiles, event information, prospective client information or links to other websites, should be construed as an endorsement by Retirement Life Plan of any products, services or information of any other persons or companies. We make no representations or warranties regarding the number or frequency of connections you may make through the Retirement Life Plan Services, nor regarding your compatibility with, or the conduct of, coaches, individuals or entities you meet through the Retirement Life Plan Services. You understand that we are unable to confirm that any user is who he or she claims to be. Retirement Life Plan does not warrant and is not responsible for ensuring that users of the Retirement Life Plan Services are in compliance with these Terms. You agree to take all necessary precautions when communicating with or meeting individuals through the Retirement Life Plan Services. Your choice to use or interact with any Certified Retirement Life Coach or other provider is at your own risk and we are not responsible for the information, recommendations, action or inaction from any such provider. If you are a Certified Retirement Life Coach, your choice to engage with clients or other end users is at your own risk and we are not responsible for the information, action or inaction from any such client or end user. Certified Retirement Life Coaches operate independently of Retirement Life Plan, and we have not verified their qualifications. Clients and end users are likewise independent of Retirement Life Plan and we have not verified their background or ability to make payments. Your choice to access a link to any other website is at your own risk, and you agree to comply with all terms and conditions relating to such websites. Retirement Life Plan reserves the right not to link, or to remove the link, to a particular website at any time.
Any links to third-party websites are provided as a convenience to you and are neither owned nor operated by Retirement Life Plan. We have no control over these linked websites and make no representations or warranties with respect to these linked websites or third-party products or services. These include third-party providers we may use for payment processing, email service, provision of certification badges, and more. Your viewing and use of any third-party websites or services is at your sole discretion and risk.
10. Payment of Fees and Subscriptions
You may choose to enroll in courses and/or subscription services offered by Retirement Life Plan. After purchasing a course, you may not be able to begin until the specified course start date, and you must complete the course within one year of the course start date. Retirement Life Plan reserves the right to revise schedules, amend course fees and suspend or cancel any courses or materials.
If certified, Certified Retirement Life Coaches are automatically enrolled in our Community Connect service (“Community Connect”) for one year from their successful completion of the Retirement Life Plan certification program. After this one-year period, continued access to Community Connect features requires enrollment in a paid membership. Memberships may also include our premium Business Boost subscription (“Business Boost”). Membership fees are collected annually, in advance. To ensure continuous service, Retirement Life Plan automatically renews all paid memberships upon expiration. However, participants may choose to cancel automatic renewal at any time by adjusting their settings in Thinkific or by emailing us at hello@retirementlifeplan.com.
Certified Retirement Life Coaches who do not renew their membership will be removed from Community Connect and/or Business Boost services and will no longer have access to the previously provided features. We communicate renewal periods via the “Upgrade / Billing” page, the “Dashboard” page, and through email notifications before the subscription renewal. We reserve the right to modify fees or introduce new charges with a thirty-day written notice, which may be provided by email. Additional terms and conditions may also apply to specific features of the Retirement Life Plan Services. All such additional terms and conditions are hereby incorporated by this reference into these Terms.
Upon the subscription expiry date or suspension of access, all features included with the subscription will be restricted and the respective profiles and event listings will be removed from the Retirement Life Plan Services. If a member wishes to have its profile or event listing removed earlier than the subscription expiry date, that member may notify us with a request at hello@retirementlifeplan.com.
We may need to interrupt your access to a course or to subscription features to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Retirement Life Plan Services may be affected by unanticipated or unscheduled downtime, for any reason, but that we shall have no liability for any damage or loss caused as a result of such downtime.
Payments such as attendance fees and any subscriptions are made through third-party service providers including Thinkific Labs Inc. You may need to register and create a password-protected account on such third-party platforms. You agree that payments submitted through third-party platforms are subject to the privacy policies and terms of service of those platforms.
Any fees paid prior to termination of a subscription are non-refundable unless otherwise required by law. Our refund procedure for course enrollment or otherwise, if any, is outlined at www.retirementlifeplan.com/cancellation-refund-policy.
11. Indemnification
You shall indemnify, hold harmless, and, at Retirement Life Plan’s option, defend Retirement Life Plan and its affiliates and subsidiaries from and against any and all losses, damages, liabilities, costs (including reasonable attorneys’ fees) (“Losses”) incurred by Retirement Life Plan resulting from any third-party claim, suit, action or proceeding relating to or arising from your use of the Retirement Life Plan Services, any User Content, any Feedback you provide, any violation of these Terms by you, or any other act or omission by you, including your violation of any rights of another, arising from your use of the Retirement Life Plan Services or any of its features. You further agree that Retirement Life Plan shall have control of the defense or settlement of any third-party claims unless Retirement Life Plan exercises its option to require you to defend Retirement Life Plan. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Retirement Life Plan.
12. General Disclaimers
THE RETIREMENT LIFE PLAN SERVICES AND THE CONTENT ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, RETIREMENT LIFE PLAN DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE RETIREMENT LIFE PLAN SERVICES; (B) CONTENT; (C) USER CONTENT; (D) THIRD-PARTY SERVICES OR AGREEMENTS; OR (E) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO OR FROM THE RETIREMENT LIFE PLAN SERVICES. RETIREMENT LIFE PLAN HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, THAT ANY RESULTS WILL BE ACHIEVED, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
RETIREMENT LIFE PLAN DOES NOT REPRESENT OR WARRANT THAT THE RETIREMENT LIFE PLAN SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE RETIREMENT LIFE PLAN SERVICES OR THE SERVERS THAT MAKE THE RETIREMENT LIFE PLAN SERVICES AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. RETIREMENT LIFE PLAN DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE RETIREMENT LIFE PLAN SERVICES IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE RETIREMENT LIFE PLAN SERVICES IS AT YOUR SOLE RISK. RETIREMENT LIFE PLAN DOES NOT WARRANT THAT YOUR USE OF THE RETIREMENT LIFE PLAN SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION. RETIREMENT LIFE PLAN SPECIFICALLY DISCLAIMS ALL SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS.
THE INFORMATION PROVIDED IN CONNECTION WITH THE RETIREMENT LIFE PLAN SERVICES IS OFFERED PURELY FOR INFORMATIONAL PURPOSES. IT IS NOT INTENDED TO CREATE OR PROMOTE A FIDUCIARY RELATIONSHIP AND DOES NOT CONSTITUTE AND SHOULD NOT BE RELIED UPON AS PROFESSIONAL, INVESTMENT OR FINANCIAL ADVICE. IT SHOULD NOT BE USED AS A SUBSTITUTE FOR CONSULTATION WITH PROFESSIONALS IN ANY FIELD, INCLUDING, BUT NOT LIMITED TO, FINANCIAL, PSYCHOLOGICAL, LEGAL, OR MEDICAL. RETIREMENT LIFE PLAN DOES NOT REPRESENT ITSELF AS BEING LICENSED TO PROVIDE COUNSELING, PSYCHIATRIC THERAPY OR ANY OTHER SERVICE REQUIRING PROFESSIONAL ACCREDITATION.
RETIREMENT LIFE PLAN DOES NOT WARRANT THAT ITS CERTIFICATION PROGRAM CERTIFIES A COACH OR OTHER INDIVIDUAL’S QUALITY OF SERVICES OR COMPETENCE BEYOND SUCCESSFUL COMPLETION OF THE RETIREMENT LIFE PLAN COURSE. YOU ACKNOWLEDGE THAT RETIREMENT LIFE PLAN DOES NOT PROVIDE PROFESSIONAL LICENSING AND THAT ITS CERTIFICATIONS ARE NOT INTENDED TO REPLACE, OVERRIDE, OR CONFLICT WITH PROFESSIONAL LICENSING REQUIREMENTS OF ANY KIND. RETIREMENT LIFE PLAN DOES NOT WARRANT THAT PARTICIPATION IN THE RETIREMENT LIFE PLAN COURSE WILL GUARANTEE CERTIFICATION OR A PASSING SCORE ON THE FINAL EXAM.
BY ACCESSING OR USING THE RETIREMENT LIFE PLAN SERVICES YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE RETIREMENT LIFE PLAN SERVICES.
13. Limitation of Liability; Waiver
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL RETIREMENT LIFE PLAN BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS TO OR USE OF THE RETIREMENT LIFE PLAN SERVICES (INCLUDING, BUT NOT LIMITED TO, USER CONTENT, DIRECTORIES, THIRD-PARTY AGREEMENTS (INCLUDING, BUT NOT LIMITED TO, AGREEMENTS BETWEEN COACHES AND CLIENTS), PROFILES OR OTHER CONNECTIONS TO CERTIFIED RETIREMENT LIFE COACHES, CONNECTIONS TO CLIENTS OR POTENTIAL CLIENTS, BUSINESS BOOST, COMMUNITY CONNECT OR OTHER COMMUNITY ACCESS, EVENT INFORMATION AND LINKS TO THIRD-PARTY WEBSITES), OR THE ORDER, RECEIPT OR USE OF ANY PRODUCT OR SERVICE, OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM RETIREMENT LIFE PLAN, OR FROM EVENTS BEYOND RETIREMENT LIFE PLAN’S REASONABLE CONTROL, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED) OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF RETIREMENT LIFE PLAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF RETIREMENT LIFE PLAN ARISING OUT OF OR IN ANY WAY RELATED TO THE RETIREMENT LIFE PLAN SERVICES EXCEED ONE HUNDRED DOLLARS ($100). THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE RETIREMENT LIFE PLAN’S SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
14. Arbitration
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH RETIREMENT LIFE PLAN AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
YOU AND RETIREMENT LIFE PLAN AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OR THE RETIREMENT LIFE PLAN SERVICES SHALL BE FINALLY DECIDED BY BINDING ARBITRATION UNDER THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION GOVERNING CONSUMER DISPUTES.
Arbitration uses a single, neutral arbitrator to decide a dispute (instead of a judge or jury); arbitration allows for more limited discovery than in a court case; and the arbitration process and result is subject to very limited review by courts. In an arbitration you have the right, at your expense, to be represented by an attorney of your choosing. Arbitrators can award the same damages and relief under these Terms that a court can award under these Terms. You and Retirement Life Plan agree that any in-person arbitral hearing would occur in the United States in Orange County, California. Retirement Life Plan further agrees that your filing fee for an arbitration will be capped at the amount set by the American Arbitration Association. You agree that, by agreeing to these Terms, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Retirement Life Plan are each waiving the right to a trial by jury and/or to participate in a class action. This arbitration provision shall survive termination of these Terms and the termination of your use of the Retirement Life Plan Services. Further, unless both you and Retirement Life Plan agree otherwise, the arbitrator may not join or consolidate more than one person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
15. Class Action Waiver
REGARDLESS OF THE FORUM, YOU AND RETIREMENT LIFE PLAN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
16. Termination
Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Retirement Life Plan Services at any time and for any or no reason, and you acknowledge and agree that in such event we shall have no liability or obligation to you.
Any provision of these Terms which by its nature or by reasonable implication is to continue or be performed in whole or in part after the expiration or termination of these Terms or your right to access or use the Retirement Life Plan Services shall survive such expiration or termination.
17. Governing Law and Jurisdiction
Retirement Life Plan operates the Retirement Life Plan Services from California, U.S.A. These Terms and the transactions they contemplate, including without limitation their interpretation, construction, performance, and enforcement, shall be governed by the laws of the State of California, U.S.A., including its statutes of limitations, but without reference to conflict or choice of law provisions. The International Convention on the Sale of Goods, and other international treaties that are not mandatory with respect to contracts made and performed entirely in California shall not apply. The sole and exclusive jurisdiction and venue for any litigation arising out of this Agreement shall be state and federal courts sitting in Orange County, California and the parties agree not to raise, and waive, any objections or defenses based upon venue or forum non conveniens with respect to such courts.
18. Notice
All notices, demands, or consents given by you under these Terms will be in writing and will be deemed given when delivered to Retirement Life Plan at the following contact: hello@retirementlifeplan.com. Any notices to you may be made via either e-mail or postal mail to the address in Retirement Life Plan’s records or via posting on the Retirement Life Plan Services. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.
Persons with disabilities who need assistance accessing these Terms may contact us as provided for in this Section, and depending on your individual needs, we will grant reasonable requests to furnish these Terms in an alternative format.
19. Severability
If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.
20. Procedure for Making Claims of Copyright Infringement
If you believe in good faith that any of the content on the Retirement Life Plan Services infringes your copyright, please provide our copyright agent the following written information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the Retirement Life Plan Services; (d) your address, telephone number and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner, or are authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
Retirement Life Plan’s copyright agent for notice of claims of copyright infringement can be reached as follows:
Retirement Life Plan
Attn: Pauline Johnson-Zielonka
1198 Pacific Coast Highway, Ste. D #204, Seal Beach, California 90740
hello@retirementlifeplan.com
21. Miscellaneous
The Retirement Life Plan Services are hosted in the United States of America. If you are located outside of the United States of America and you contact us, please be advised that any information you provide to us will be transferred to the United States of America and that by submitting information, you explicitly authorize such transfer. These Terms constitute the entire agreement between you and Retirement Life Plan relating to your access to and use of the Retirement Life Plan Services. These Terms, and any rights granted hereunder, may not be transferred, or assigned by you without the prior written consent of Retirement Life Plan. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent, or subsequent circumstance, and Retirement Life Plan’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.
SECTION 22 – CONTACT INFORMATION
Questions about the Terms of Use should be sent to us at hello@retirementlifeplan.com