Terms of Service
Last Updated: March 14, 2025
1. Introduction and Acceptance
Welcome to Confident Retirement Journey (“Company,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your access to and use of confidentretirementjourney.com, including any content, functionality, and services offered on or through the website (collectively, the “Website”), as well as any financial advisory services provided by Confident Retirement Journey.
By accessing, browsing, or using our Website, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use our Website or services.
2. Eligibility and Account Registration
2.1 Age Requirements
You must be at least 18 years of age to access our Website or use our services. By using the Website, you represent and warrant that you are at least 18 years old.
2.2 Account Registration
Certain features and services on our Website require registration. When registering for an account, you agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
2.3 Account Security
You are solely responsible for:
- Maintaining the confidentiality of your account information
- Restricting access to your account and device
- Notifying us immediately of any unauthorized access to your account or other security breaches
3. Services Description
3.1 Financial Advisory Services
Confident Retirement Journey offers retirement planning and financial advisory services. These services may include financial planning, investment management, retirement income strategies, and related advisory services.
3.2 Website Services
Our Website provides information about our services, educational content about retirement planning, tools, calculators, and a client portal for existing clients.
3.3 Professional Judgment
We exercise professional judgment in providing our services. The scope of our engagement with you will be defined in a separate, written agreement if you become a client.
4. User Responsibilities and Conduct
4.1 Compliance with Terms
You agree to use our Website and services only for lawful purposes and in accordance with these Terms.
4.2 Prohibited Activities
You agree not to:
- Use our Website in any way that violates applicable laws or regulations
- Use our Website to transmit or send unsolicited commercial communications
- Engage in unauthorized framing of or linking to the Website
- Attempt to gain unauthorized access to any portion of the Website
- Interfere with the proper working of the Website
- Engage in any data mining, data harvesting, or similar data gathering activities
- Use any robot, spider, or other automatic device to access the Website
- Upload or transmit viruses, malware, or other malicious code
4.3 Accurate Information
You agree to provide accurate, complete, and current information in all communications with us, particularly in connection with financial advisory services.
5. Intellectual Property Rights
5.1 Ownership
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
5.2 Limited License
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website for personal, non-commercial purposes in accordance with these Terms.
5.3 Restrictions
You must not:
- Reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Website
- Access or use for any commercial purposes any part of the Website
5.4 Trademarks
The Company name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company.
6. Financial Information and Advice Disclaimer
6.1 Not Professional Advice
Content on the Website is for informational purposes only and should not be construed as professional financial advice. It is not intended to be a substitute for professional advice, diagnosis, or treatment.
6.2 Personal Financial Situations
Every individual’s financial situation is unique. Information or interactive tools provided on our Website are not intended to constitute investment, tax, or legal advice.
6.3 Investment Risks
All investments involve risk and may lose value. Past performance is not indicative of future results. We do not guarantee any particular investment outcome.
6.4 Third-Party Content
Information provided by third parties is believed to be reliable but has not been independently verified by us. We do not guarantee its accuracy, timeliness, or completeness.
6.5 Professional Relationship
A professional advisor-client relationship is only established after the execution of a written advisory agreement between you and Confident Retirement Journey.
7. Third-Party Links and Content
7.1 Third-Party Links
The Website may contain links to third-party websites or resources. These links are provided solely as a convenience to you and do not imply any endorsement, sponsorship, or recommendation by us.
7.2 No Control
We have no control over the contents of those websites or resources, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.
7.3 Your Responsibility
You access third-party websites entirely at your own risk and subject to the terms and conditions of use for such websites.
8. Limitation of Liability
8.1 Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS 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, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
8.2 Exclusions
The limitations set forth in Section 8.1 do not apply to liability arising from our willful misconduct or gross negligence or to any liability that cannot be excluded or limited under applicable law.
8.3 Time Limitation
Any cause of action or claim you may have arising out of or relating to these Terms or the Website must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.
9. Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, any use of the Website’s content, services, and products other than as expressly authorized in these Terms or your use of any information obtained from the Website.
10. Term and Termination
10.1 Term
These Terms shall remain in full force and effect while you use the Website or maintain an account with us.
10.2 Termination by You
You may terminate your account at any time by contacting us and requesting account termination.
10.3 Termination by Us
We reserve the right, in our sole discretion, to restrict, suspend, or terminate your access to all or any part of the Website at any time, for any or no reason, without prior notice or liability.
10.4 Effect of Termination
Upon termination, all provisions of these Terms which by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
11. Modification of Terms
11.1 Updates to Terms
We reserve the right to modify or replace these Terms at any time at our sole discretion. The most current version will be posted on our Website with the “Last Updated” date.
11.2 Material Changes
If we make material changes to these Terms, we will provide notice through our Website or by other means.
11.3 Continued Use
Your continued use of our Website following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently to be aware of any changes.
12. Governing Law and Dispute Resolution
12.1 Governing Law
These Terms and your use of the Website shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict of law provisions.
12.2 Jurisdiction
Any legal action or proceeding relating to your access to, or use of, the Website or these Terms shall be instituted in the federal or state courts located in Maricopa County, Arizona. You agree to submit to the jurisdiction of, and agree that venue is proper in, these courts.
12.3 Arbitration
Any dispute arising from or relating to these Terms or your use of our Website or services shall be resolved by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall be conducted in Phoenix, Arizona, and judgment on the arbitration award may be entered in any court having jurisdiction.
12.4 Class Action Waiver
YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU EXPRESSLY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
12.5 Small Claims
Notwithstanding the foregoing, you may bring an individual action in small claims court if the claim qualifies for its jurisdiction.
13. Registration and Regulatory Information
13.1 Registration Status
Confident Retirement Journey is a registered investment adviser under applicable federal and state securities laws.
13.2 Form ADV
Our Form ADV Part 2A and 2B, containing important disclosures about our business practices and the background of our investment adviser representatives, is available upon request or through the SEC’s Investment Adviser Public Disclosure website.
13.3 Fiduciary Status
As a registered investment adviser, we have a fiduciary duty to act in our clients’ best interests. This fiduciary relationship is established through a written advisory agreement.
14. Miscellaneous
14.1 Entire Agreement
These Terms constitute the entire agreement between you and the Company regarding the use of the Website and supersede all prior and contemporaneous written or oral agreements between you and the Company.
14.2 Waiver and Severability
No waiver by the Company of any term or condition set out in these Terms 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 the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms 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 such that the remaining provisions of the Terms will continue in full force and effect.
14.3 Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without the Company’s prior written consent. The Company may assign these Terms at any time without notice.
14.4 Force Majeure
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control.
14.5 Contact Information
Questions about the Terms should be sent to us at:
Confident Retirement Journey
1200 Financial Plaza, Suite 400
Phoenix, AZ 85012
legal@confidentretirementjourney.com
(800) 555-7897
15. Electronic Communications
When you use our Website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
16. Acknowledgment
BY USING OUR WEBSITE OR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT UNDERSTAND OR AGREE TO BE BOUND BY THESE TERMS OF SERVICE, YOU MUST NOT USE THE WEBSITE OR SERVICES.