Website Terms of Use Agreement

Welcome to the trguru.com website.  By viewing and/or using our site, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you should not use this site.  The terms “trguru.com” or “us” or “we” or “our”” or “the site” refer to trguru.com, the owner of the Web site.  The term “you” or “your” refers to the viewer or user of our Web Site.

Acceptance of Agreement

You agree to the terms and conditions outlined in this Terms of Use Agreement (“Agreement”) with respect to our site (the “Site”). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time by us without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site, as well as periodically refer to this Agreement for any updates and/or changes.  If you do not agree to the terms and conditions outlined in this Terms of Use Agreement, you should not view or use the site.

Copyright

The content, both audio and visual, structure, organization, analysis, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by the section titled “Limited License:  Permitted Uses” below, is strictly prohibited. You do not acquire ownership rights to any content, documents or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and/or materials. There may be times where some of the content on the site is the copyrighted work of third parties, and the posting of such work does not create any rights, title or interest in such work in the viewer.

For more information on our copyright, go to the Copyright Notice page.  The Copyright Notice, as it may change from time to time, is a part of this Agreement.

Limited License: Permitted Uses

You are granted a non-exclusive, non-transferable, revocable license to: (a) access and use the Site strictly in accordance with this Agreement; (b) use the Site solely for internal, personal, non-commercial purposes; and (c) print out discrete information from the Site solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other policies contained therein.  No printout or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.

Restrictions and Prohibitions on Use

Your license for access and use of the Site and any information, materials or documents (collectively defined as “Content and Materials”) therein are subject to the following restrictions and prohibitions on use:  You may not (a) copy, print (except for the express limited purpose permitted by the section titled “Limited License: Permitted Uses”), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Site or any Content and Materials retrieved therein; (b) use the Site or any materials obtained from the Site to develop, of as a component of, any information, storage and retrieval system, organizational structure, organization system, analytical tools, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial  distribution mechanism; (c) create compilations or derivative works of any Content and Materials from the Site; (d) use any Content and Materials from the Site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties; (e) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Site; (f) make any portion of the Site available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future; (g) remove, decompile, disassemble or reverse engineer any Site software or use any network monitoring or discovery software to determine the Site architecture; (h) use any automatic or manual process to harvest information from the Site; (i) use the Site for the purpose of gathering information for or transmitting (1) unsolicited commercial email; (2) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (3) unsolicited telephone calls or facsimile transmissions; (j) use the Site in a manner that violates any state or federal law regulating email, facsimile transmissions or telephone solicitations; and (k) export or re-export the Site or any portion thereof, or any software available on or through the Site, in violation of the export control laws or regulations of the United States.

Disclaimers

YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE FOLLOWING DISCLAIMERS REGARDING ANY AND ALL CONTENT ON THE SITE AND THE RELATIONSHIP BETWEEN YOU AND US.  FURTHER, YOU ACKNOWLEDGE THAT WE HAVE NO LIABILITY WHATSOEVER FOR ANY IMPLICATIONS THAT ARISE FROM A DISREGARD OR FAILURE TO ACCEPT OR ADHERE TO ANY OR ALL OF SAID DISCLAIMERS.  OUR DISCLAIMER AGREEMENT AS IT MAY CHANGE FROM TIME TO TIME IS A PART OF THIS AGREEMENT.

No Investment Adviser or Financial Planner Relationship.

Information contained on or made available through the Site is not intended to and does not constitute financial planning advice, recommendations, mediation or counseling under any circumstance and no financial planner-client relationship is assumed or formed.  We do not warrant or guarantee the accurateness, completeness, adequacy or currency of the information contained in or linked to the Site, nor distributed by the site in any form.  Your use of information on the Site or materials linked to the Site or distributed by the site in any form is entirely at your own risk.  If you have specific financial planning questions, you should consult competent financial planning counsel to ensure the appropriateness, completeness, adequacy or currency of the information provided.  All information provided within the Site is for educational use only.

No Investment Advice or Broker/Investment Advisor-Client Relationship

Information contained on or made available through the Site is not intended to and does not constitute specific investment advice, recommendations, mediation or counseling under any circumstance and no broker/investment advisor-client relationship is assumed or formed.  We are not brokers nor investment advisors and do not represent ourselves as such. If you have specific investment questions, you should consult competent professional counsel to ensure the appropriateness, completeness, adequacy or currency of the information provided.  All information provided within the Site is for educational use only.

Organizational Tools, Analytical Tools, and Projections

Any and all organizational or analytical tools used in reference to or applied to any and all of your retirement planning education curriculum and subsequent plan organization process through the Site are deemed to be reliable, and all efforts will be made to ensure that the calculations and databases used are monitored and tested for accuracy on a regular basis. However, trguru does not warrant or guarantee the accuracy or completeness of the information with regard to the results to be obtained from its use.  Your use of the information or any and all tools or resources available on the Site or materials linked to the Site or distributed by the site in any form is entirely at your own risk. All investment growth projections used in the retirement planning process are either based on historical performance returns for specific asset classes or are entered by the user. These calculations show you what the value of your accounts or income payments might be if those returns are achieved. No representation is being made that specific investment results will be achieved or that your actual financial situation in retirement will be as forecasted in your retirement plan.

Investment Risk

This brief statement can not disclose all of the risks associated with investing in stocks, mutual funds, bonds or any other financial markets. In light of the risks, you should undertake such investments only if you understand the nature of the markets and/or investments into which you are entering and the extent of your exposure to risk. Investing in stocks, mutual funds, bonds or any other markets may not suitable for certain members of the public. You should carefully consider whether investing is appropriate for you in light of your experience, objectives, financial resources and other relevant circumstances.

trguru assumes no liability for your investing results.  You enter into any respective investment(s) knowing that the potential for investment losses exist.  If you are uncomfortable with these risks, you probably should not be investing.  Only “investment capital” (monies that are earmarked for long-term investment purposes) should be used for investment purposes.

Advertisers and Affiliate Partners

The Site may contain advertising and sponsorships, including advertising as a result of participation in Affiliate Marketing programs for third-party service providers.  Advertisers, affiliate partners, and sponsors are responsible for ensuring that material submitted for inclusion on the Site is accurate and complies with applicable laws.  We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials. We make no warranty regarding any representations made by any Advertiser, affiliate partner, or Sponsor.

Linking to the Site

You may provide links to the Site, provided (a) that you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Site, (b) your site does not engage in any illegal or pornographic activities, (c) your site does not bring the Site in disrepute or aid in its unlawful replication, and (d) you discontinue providing links to the Site immediately upon request by us.

Third-Party Content

Third-party content may appear on the Site or may be accessible via links from the Site.  We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Site.  You understand that the information and opinions in the third-party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.

Registration

Certain sections of, or offerings from, the Site may require you to register.  If registration is requested, you agree to provide us with accurate, complete registration information.  Your registration must be done using your real name and accurate information.  Each registration is for your personal use only and not on behalf of any other person or entity. We do not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network.  You are responsible for preventing such unauthorized use.

Errors, Corrections and/or Changes

We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected.  We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable.  We may make changes to the features, functionality or content of the Site at any time.  We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.

Interruption of Services

We do not represent or warrant that the Site will be available at all times.  From time to time there may be situations where the Site experiences delays and/or interruptions of service, either scheduled or beyond our control.  We will not be held responsible or liable for any damages or losses that are perceived to occur during such outages.  We will do everything in our control to minimize the duration and impact of any outages and ensure that our Site is up and our tools and services are available when accessed.

Termination of Services

We reserve the right to terminate your services, effectively cancelling this agreement and revoking the limited license granted herein, for  any unauthorized access or use by you, including, but not limited to:  a) sharing your log-in information or permitting an unauthorized person to access or use your services  b) any access or use of the Site other than what is expressly provided for in this Agreement c) any assignment or transfer of any rights granted exclusively to you under terms of this Agreement d) failure to meet the financial obligations for your services fully and in a timely manner.

We reserve the right to freeze, suspend, or revoke your subscription and/or access to the site at any time.  If we choose to prematurely end the subscription you purchased, we will refund you for the term you have remaining on the subscription at a pro-rated rate.  At that time, all other provisions of the Termination of Services clause will go into effect.

Upon termination of services, all rights granted to you under this Agreement will revert back to us.  Termination or cancellation of this agreement by you shall not affect any rights to which we may be entitled nor shall it affect any financial obligations that you may still have with us.  Also upon termination we reserve the right to erase and/or destroy any information that you have stored on our servers or in any databases associated with our services.  All provisions in this Agreement relating to limitations of liability, indemnification, and any matters relating to proprietary rights shall survive the termination of the Agreement.

Unlawful Activity

We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information. We are not required to disclose information which may be released as a result of subpoena or a request from a government investigatory branch or office.

Indemnification

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD US AND OUR PARTNERS, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, SUBCONTRACTORS, SUCCESSORS, ASSIGNS, THIRD PARTY SUPPLIERS OF INFORMATION AND DOCUMENTS, ATTORNEYS, ADVERTISERS, PRODUCT AND SERVICE PROVIDERS, AND AFFILIATES (COLLECTIVELY, “AFFILIATED PARTIES”) HARMLESS FROM ANY LIABILITY, LOSS, CLAIM AND EXPENSE, INCLUDING REASONABLE ATTORNEY’S FEES, RELATED TO YOUR VIOLATION OF THIS AGREEMENT OR USE OF THE SITE.

Nontransferable

Your right to use the Site is personal and not transferable or assignable. Any password or right given to you to obtain information or documents is not transferable or assignable. Any attempted transfer shall be void and will be subject to cancellation of services.

Disclaimer of Web Site Content

THE INFORMATION, CONTENT, PROJECTIONS, FORMULAS, ANALYSIS, AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND SUITABILITY FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(B). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE AGREEMENT BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.

Limitation of Liability

(a)     We and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Site or any services or products obtainable therein, (b) the unavailability or interruption of the Site or any features thereof, (c) your use of the Site, (d) the content contained on the Site, or (e) any delay or failure in performance beyond the control of a Covered Party.

(b)     THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY. IF WE REFUND ANY MONEY FOR ANY REASON, THEN ACCEPTANCE OF SUCH REFUND SHALL CONSTITUTE A WAIVER OF ANY AND ALL CLAIMS, RIGHTS OR CAUSES OF ACTION.

Use of Information

We reserve the right, and you authorize us, to the use, assignment, and monitoring of all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy. All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively, a “Submission”) will forever be our property. We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

Third-Party Services

We may allow access to or advertise certain third-party product or service providers (“Merchants”) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. YOU AGREE THAT ANY USE OF SERVICES OR PURCHASE FROM SUCH MERCHANTS IS AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.

Third-Party Merchant Policies

All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.

Privacy Policy

Our Privacy Policy, as it may change from time to time, is a part of this Agreement.  You may review this Privacy Policy by accessing the Privacy Policy page.

Payments

You represent and warrant that if you are purchasing something from us or from Merchants that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes (iv) any partial payment plans purchased that include any additional subsequent monthly payments will be made in a timely fashion and payments will continue to be made until the initial obligation is fulfilled.  You hereby indemnify us from all costs, expenses, damages and fees, including but not limited to attorneys’ fees, arising out of your failure to pay or the provision of inaccurate credit information.  We will charge interest on overdue and unpaid accounts.

Links to other Web Sites

The Site contains links to other Web sites. We are not responsible for the content, accuracy or opinions expressed in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.

Legal Compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and the Content and Materials provided therein.

Refund Policy

Our Refund Policy, as it may change from time to time, is a part of this Agreement and as such your viewing and or use of the Site obligates you to the terms of the Policy.  You may review this Refund Policy by accessing the Refund Policy page.  Please note, however, that certain products and services mentioned on our site are sold by third parties or are linked to third party Web sites, and we have no responsibility or liability for those products or services. You may request a refund for any of our services by contacting us by email at support@trguru.com.  You may obtain any additional information concerning our refund policy, including our mailing address, by contacting us at the same email address.

Miscellaneous

This Agreement shall be treated as though it were executed and performed in Salt Lake City, Utah, and shall be governed by and construed in accordance with the laws of the State of Utah (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or any information, Documents, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in the sections titled “Disclaimer of Web Site Content” and “Limitation of Liability”. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. This Agreement and all incorporated agreements and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger.  Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.  Our rights under this Agreement shall survive any termination of this Agreement. The rule of construction of construing against the drafter does not apply to this Agreement.

Arbitration

Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, Site operations, intellectual property, and our services, shall be settled solely by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association.  Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.  The arbitration shall be conducted in Salt Lake City, Utah, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.  Either you or we may seek any interim or preliminary relief from a court of competent jurisdiction in Salt Lake City, Utah necessary to protect the rights or property of you and us pending the completion of arbitration.  Each party shall bear one-half of the arbitration fees and costs incurred through the American Arbitration Association.

 

Terms Of Use

Support our campaign on StartSomeGood.com

 

And Receive:

The web site accolades, free access to the premium version of the app, the one-year subscription to the newsletter, the retirement planning education, plus.... A 50-minute one-on-one retirement assessment and consultation with one of our Retirement Specialists (see our web page www.trguru.com for who they are and their bios). This meeting will focus on teaching you how to assess and manage your retirement planning with the help of the Retirement Tracker app. The first 250 who pledge will save $5 on this incentive! Just so you realize how much we love our backers, we want to point out that these consultations will cost $125 via the website. With everything you get at this level, this reward contains nearly $250 worth of services!

 

And Receive:

You get the aforementioned accolades, 1st access to the premium version of the app, the one-year subscription to the newsletter, plus.... You will also receive access to the beta version of "the Retirement Course", an online education course that will help you understand the various aspects of the retirement planning process and teach you how to maximize your use of the Retirement Tracker app. This course is being developed simultaneous to the app and will retail for $99 once released.

 

And Receive:

A bigger, heartier "Thank You!" from us, and a better mention on the Benefactors Page on our web site. PLUS... Free download of the app as soon as it hits the Apple Store, with all upgrades and premium features enabled. Also includes a one-year subscription ($20 value) to our bi-weekly retirement planning and economic commentary newsletter (24 issues), which will be delivered via the app.a.