REALADVICE, INC.

TERMS OF USE – EFFECTIVE AS OF JUNE 14, 2019

This website is operated by RealAdvice, Inc. (“RA”, “we”, “our” or “us”).

Acceptance of Terms

The following terms and conditions (“Terms of Use”) govern your access to and use of this website and the related mobile site or mobile applications provided by us in the future, including any content offered on or through this website and/or the applications (referred to collectively as the “Website”). By using the Website, you accept and agree to follow these Terms of Use and our Privacy Policy, found at www.realadvice.com/privacypolicy. If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

Please note this Website is not an offer to represent you. You should not act, or refrain from acting, based upon any information on this Website. Neither our presentation of such information nor your receipt of it creates nor will create an advisor-client relationship.

Information About You and Your Visits to the Website

By using the Website, you consent to allow us to use your information in compliance with the Privacy Policy.

Modification of Website

We may modify or update the content on this Website from time to time, but its content may not be complete or up-to-date at any given time. We will not notify you of any such modifications or updates.

Accuracy and Reliance on Website Information

The information and tools presented on or through the Website are made available solely for general information purposes. We do not warrant the accuracy or completeness of the information or the tools, and disclaim all liability and responsibility arising from any reliance on such information or tools. This includes but is not limited to the ROI Calculator tool, the news feed, and any RA content which are available on the Website. In addition, the ROI Calculator does not constitute any form of professional advice, consultation, or recommendation by RA.

This Website may include content provided by third parties. All statements and opinions of such third parties are solely the responsibility of the person providing those materials and do not necessarily reflect the opinion of RA in any form or fashion.

Your Ability to Download Content from the Website

You may download content for non-commercial, personal use only, provided that copyright, trademark or other proprietary notices remain unchanged and visible. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading or copying. Notwithstanding the foregoing, the download of any code or data related to the ROI Calculator tool located on the Website is expressly prohibited.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and are not responsible for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Disclaimer of Warranties

YOUR USE OF THE WEBSITE, ITS CONTENT AND TOOLS AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND TOOLS AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER RA NOR ANY PERSON ASSOCIATED WITH RA MAKES ANY WARRANTY OR REPRESENTATION THAT THE WEBSITE, ITS AVAILABLE CONTENT AND TOOLS AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE REFERENCE TO TOOLS IN THIS SUBSECTION INCLUDE BUT ARE NOT LIMITED TO THE ROI CALCULATOR LOCATED ON THE WEBSITE.

RA DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THESE DISCLAIMERS DO NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL RA OR ANY PERSONS ASSOCIATED WITH RA BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL OR LOSS OF DATA.
THESE LIMITATIONS DO NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless RA and its affiliates, and its and their respective officers, directors, employees, contractors, agents, licensors, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees and other legal costs) arising out of or in connection with your violation of these Terms of Use or your use of any information obtained from the Website.

Waiver and Severability

No waiver by RA of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of RA to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent possible such that the remaining provisions of the Terms of Use will continue in full force and effect.

Trademarks

This Website features logos, names, proprietary terms and other trademarks and service marks (collectively, the “Marks”) that are the property of or are licensed to RA. You must not use the Marks without the prior written permission of RA.

Copyright Notice

Unless otherwise indicated, RA owns the copyright and other rights in and to all content on this website, which includes (1) all text, graphics, sounds, information, materials, tools and other items on this website, (2) the overall design and general look and feel of this website, as well as specific items, and (3) the particular and general selection, arrangement, and presentation of any content (even if certain items or information included in this website are in the public domain). Elements of this website are protected by trade dress, trademark, unfair competition, and other laws.

You may download, print or otherwise reproduce the textual information included in this website solely for your own personal use. You also may copy or otherwise reproduce the information on this website for non-commercial distribution. All material copied from this site must not be modified and must include the copyright notice that appears above.

Cautionary Language Regarding Forward-Looking Statements

This Website may contain “forward-looking statements” as defined under U.S. federal securities laws. These statements may relate to analyses and other information based on forecasts of future results and estimates of amounts not yet determinable. These statements may also relate to our future prospects, developments and business strategies. These forward-looking statements are made based on our management’s expectations and beliefs concerning future events affecting us and are subject to uncertainties and factors relating to our operations and business environment, all of which are difficult to predict and many of which are beyond our control. These uncertainties and factors could cause our actual results to differ materially from those matters expressed in or implied by these forward-looking statements. Forward-looking statements speak only as of the date the statements are made. RA assumes no obligation to update forward-looking statements to reflect actual results, changes in assumptions or changes in other factors affecting forward-looking information, except to the extent required by applicable securities laws.

Jurisdiction

RA oversees and maintains this Website from its headquarters in Tampa, Florida, United States of America. Any dispute or claim relating to the Website and these Terms of Use shall be governed by the laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction).

If a dispute arises from or relates to these Terms of Use, the Privacy Policy, or this Website and if the dispute cannot be settled through direct discussions, the parties agree to endeavor first to settle the dispute through either the Collaborative Law Process or mediation. If either party elects the Collaborative Law Process, it is understood by the parties to this contract that the parties’ respective Collaborative Law attorney will not be permitted to represent either party in a subsequent arbitration or litigation. Notwithstanding the foregoing, a Collaborative attorney will be permitted to represent a party to: (i) submit selected issues in the Collaborative process to a private mediator or arbitrator, (ii) have a court approve a settlement agreement resulting from the Collaborative Law process, (iii) file documents to preserve any statute of limitations, or (iv) make a joint application to the court to stay any current or pending proceedings.

The parties further agree that any unresolved controversy or claim arising out of or relating to this contract, or breach thereof through either the Collaborative Law Process or mediation, shall be resolved by binding arbitration and judgment on the award rendered by the arbitrator may be entered in either in the Supreme Court of the State of Florida, Hillsborough County or the United States District Court of Florida, located in Tampa, Florida. Claims shall be heard by a single arbitrator. The place of arbitration shall be Tampa, FL. The arbitration shall be governed by the laws of the State of Florida. The arbitrator will have no authority to award punitive or other damages not measured by the prevailing party’s actual damages, except as may be required by statute. Each party shall bear its own costs and expenses and an equal share of the arbitrator’s and administrative fees of arbitration. The award of the arbitrator shall be accompanied by a reasoned opinion. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. The parties agree that failure or refusal of a party to pay its required share of the deposits for arbitrator compensation or administrative charges shall constitute a waiver by that party to present evidence or cross-examine witness. In such event, the other party shall be required to present evidence and legal argument as the arbitrator(s) may require for the making of an award. Such waiver shall not allow for a default judgment against the non-paying party in the absence of evidence presented as provided for above.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and RA with respect to the Website and supersede all prior understandings, agreements, representations and warranties, both written and oral.

Notifications and Reporting

If you have a question regarding professional, legal, or ethical violations by RealAdvice or RealAdvice staff, or wish to report a potential violation, please send an email to legal@nullrealadvice.com.

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