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Terms and Conditions

Last updated: January 28, 2024

PLEASE READ THESE TERMS AND CONDITIONS OF USE (these “Terms”) CAREFULLY. These Terms set forth the legally binding terms and conditions that govern Your access to and use of the Website (as defined below) and the Service (as defined below).  By accessing or Using the Website or the Service, You are accepting these Terms and our privacy policy which is incorporated into the terms (on behalf of Yourself or the entity that You represent), and You represent and warrant that You have the right, authority, and capacity to enter into these Terms (on behalf of Yourself or the entity that You represent).  You may not access or use the Website or accept these Terms if You are not at least 18 years old.  If You do not agree with all of the provisions of these Terms, do not access and/or use the Website or Service

These terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to You in the event of a dispute.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

  • Account means a unique account created for You to access Our Service or parts of Our Service.
  • Country refers to: Bucks County, Commonwealth of Pennsylvania, United States
  • Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to MDF Digital Productions LLC, 13 Summit Square Center Suite 158, Newtown PA 18940.
  •  
  • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
  • Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
  • Goods refer to the items offered for sale on the Service.
  • Orders mean a request by You to purchase Goods from Us.
  • Promotions refer to contests, sweepstakes or other promotions offered through the Service.
  • Released Parties refers to(The Company and its affiliates) their respective officers, directors, employees, representatives, agents, licensors, licensees, successors and assigns.
  • Service refers to the Website, and content found on the Website including but not limited to handouts, offers, information videos and educational materials.
  • Subscriptions refer to the Service or access to the Service offered on a subscription basis by the Company to You.
  • Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
  • Third-party Social Media Service means any Service or content (including data, information, products or Service) provided by a third-party that may be displayed, included or made available by the Service.
  • Website refers to Build Your Own Retirement Guidebook, accessible from https://retirement-guidebook.mykajabi.com/and all websites owned or operated by the Company.
  • You or Your means the individual accessing or Using the Service, or the company, or other legal entity on behalf of which such individual is accessing or Using the Service, as applicable.

DISCLAIMER

TheService contains general information to help You understand basic financial planning strategies and related concepts.

Nothing contained or presented through the Service should be construed as a recommendation to buy or sell any financial vehicle, nor should it be used to make decisions about Your investments or financial situation.

The sole purpose of the Service is to expose You to ideas and concepts that may help You work towards Your financial goals. The Service does not and should not be construed or interpreted in any way that You will accomplish such goals. Investing involves risk, including the loss of principal.  No financial strategy can guarantee a profit or protect against loss in periods of declining values. 

The Service is designed to provide general information on the subjects covered. It is not intended to provide specific financial, legal or tax advice and cannot be used to avoid tax penalties or to promote, market or recommend any tax plan or arrangement. You are encouraged to consult Your personal financial advisor, tax advisor and/or attorney before making any purchasing decisions.

The information presented by the Service is not related to, endorsed by, nor connected with and not approved by any government agency or organization. For information regarding Your Social Security benefits, You are encouraged to speak to Your local Social SecurityAdministration office or visit the Social Security Administration Website at www.ssa.gov.

Despite efforts to be accurate and current, this presentation may contain out-of-date information; We are under no obligation to advise You of any subsequent changes related to the topics discUssed in this presentation.

Placing Orders for Goods

By placing an Order for Goods through the Service, You warrant that You are legally capable of entering into binding contracts.

Your Information

If You wish to place an Order for Goods available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.

You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to Us is true, correct and complete.

By submitting such information, You grant Us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.

Order Cancellation

We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:

  • Goods availability
  • Errors in the description or prices for Goods
  • Errors in Your Order

We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.

Your Order Cancellation Rights

Any Goods You purchase cannot be returned in accordance with these Terms and Conditions.

Certain refund requests for Goods may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.

Availability, Errors and Inaccuracies

We are constantly updating Our offerings of Goods on the Service. The Goods available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Goods on the Service and in Our advertising on other Websites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and Service. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Prices Policy

The Company reserves the right to revise its prices at any time prior to accepting an Order.

The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order.

Payments

All Goods purchased are subject to a one-time payment. Payment can be made through various payment methods we have available, such as Visa, MasterCard, Affinity Card, American Express cards or online payment methods (PayPal, for example).

Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.

Subscriptions

Subscription period

The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of Subscription plan You select when purchasing the Subscription.

At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it.

Subscription cancellations

You may cancel Your Subscription renewal either through Your Account settings page or by contacting the Company. You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period.

Billing

You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information.

Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that Youmust proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Fee Changes

The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.

The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.

Refunds

Except when required by law, paid Subscription fees are non-refundable.

Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.

Promotions

Any Promotions made available through the Service may be governed by rules that are separate from these Terms.

If You participate in any Promotions, please review the applicable rules as well as our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

User Accounts

When You create an account with Us, Youmust provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

You are responsible for safeguarding the password that Youuse to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.

You agree not to disclose Your password to any third party. Youmust notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Intellectual Property

The Service and its original content (excluding Content provided by You or other Users), features and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be Used in connection with any product or Service without the prior written consent of the Company.

RESTRICTIONS ON USE

Except as explicitly authorized by the Agreement or with our prior written consent, You shall not (i) distribute, transmit, license, rent, sell, lease, transfer, assign, host or otherwise commercially exploit the Website or the Service, in each case and any Intellectual Property related thereto, whether in whole or in part; (ii) modify, copy, reproduce, translate, create derivative works from, reverse engineer, decompile, disassemble or attempt in any way to reconstruct or discover the source code for the Website or any Intellectual Property related thereto; or (iii) access or Use the Website or the Service to build a similar or competitive Website, course, product, program, or Service.

Youmust comply with any technical restrictions on the Website or the Service that allow You to access or Use the Website or the Service only in certain ways. Unless otherwise indicated, any future modification or other addition to the functionality of the Website or the Service shall be subject to the Agreement. All copyright and other proprietary notices on the Website and the Servicemust be retained on all copies thereof.

You shall not Use the Website or the Service to take any action, or assist others in taking any action, that (i) is unlawful, abusive, threatening, harmful, obscene, defamatory, libelUs or fraudulent, (ii) violates the personal privacy rights of others, (iii) victimizes, harasses, degrades or intimidates any individual or group of individuals, (iv) constitutes an attempt to impersonate any person or entity, (v) is intended to omit, delete, forge or misrepresent information, (vi) is intended to cloak the identity or contact information of You or others, (vii) infringes upon or misappropriates any intellectual property of any third party, (viii) interferes with or disrupts access to or use of the Website or the Service by Us or others, (ix) results in the disclosure of personal, confidential, or insider information, or (x) involves the use of any viruses or other programs intended to interfere with, intercept or expropriate any system, data or personal information.

 

Your Feedback to Us

You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

Links to Other Websites

Our Service may contain links to third-party websites or Service that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or Service. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or Service available on or through any such websites or Service.

We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or Service that You visit.

Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue Using the Service.

Limitation of Liability and Release

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service for the past 12 months immediately preceding the event or $100 USD if You haven't purchased anything through the Service. (as further defined in this section)

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

By accessing and Using the Website and the Service, You agree not to sue or institute any cause of action or legal proceeding of any nature against the Released Parties for, and agrees to release, acquit, forever discharge and compensate and hold harmless the Released Parties from and against, any and all costs, damages (actual, consequential, special, incidental, indirect, exemplary, punitive or otherwise), losses, liabilities, claims or expenses (including attorneys’ fees) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (collectively, “Damages”), arising out of, relating to, or in any way connected with Your access or use of the Website or the Service. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

IN NO EVENT SHALL ANY RELEASED PARTY BE LIABLE IN CONNECTION WITH OR ARISING OUT OF THE AGREEMENT OR ANY ACCESS TO OR USE OF THE WEBSITE OR THE SERVICE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR: (I) ANY INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OR INTERRUPTION OF USE, LOSS OR CORRUPTION OF DATA OR LOSS OF PROFITS, OR (II) THE COST OF PROCUREMENT FOR SUBSTITUTE PRODUCTS OR SERVICE, IN EACH CASE EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS. IN NO EVENT SHALL LIABILITY OF ANY RELEASED PARTY IN CONNECTION WITH THE AGREEMENT OR ANY ACCESS TO OR USE OF THE WEBSITE OR THE SERVICE EXCEED THE FEES PAID BY YOU TO US UNDER THE AGREEMENT DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY OR $100 DOLLARS U.S. IF YOU HAVE NOT PURCHASED GOODS THROUGH THE SERVICE. WE SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND OUR REASONABLE CONTROL, INCLUDING FORCE MAJEURE. THE FOREGOING SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW

 

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and Service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, Usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or Service, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

MEDIATION/ARBITRATION

To the extent permitted by law, any controversy or dispute which may arise between You and the Company concerning any transaction, Service, use of information provided by Service or allegations shall be settled by arbitration.  Any arbitration shall be pursuant to the rules, then applying of the American Arbitration Association.  The parties agree that any arbitration proceeding pursuant to this provision shall be held in Country.  The award of the Arbitrators shall be final and binding on parties, and judgement upon the award rendered may be entered into in any court, state or federal having jurisdiction.  You Acknowledge the following:

  • Arbitration is final and binding on all parties
  • The parties are waiving their right to seek remedies in court, including the right to jury trial, except to the extent the waiver would violate law.
  • Pre-arbitration discovery is generally more limited than and different from court proceedings; and
  • The arbitrators’ award is not required to include factual findings or legal reasoning and any party’s right to appeal or seek modification of rulings by arbitrators is strictly limited.

This agreement to arbitrate does not entitle You to obtain arbitration of claims that would be barred by the relevant statue of limitations if such claims were brought in a court of competent jurisdiction.  If at the time of demand for arbitration is made or an election or notice of intention to arbitrate is served, the claims sought to be arbitrated would have been barred by the relevant statue of limitations or other time bar, any party to this agreement may assert the limitations as a bar to arbitration by applying to any court of competent jurisdiction, and You expressly agree that any issues relating to the application of a statute of limitations or other time bar are referrable to such a court  The failure to assert such bar by application to a court, however, shall not preclude its assertion before the arbitrators.

For European Union (EU) Users

If You are a European Union consumer, You will benefit from any mandatory provisions of the law of the country in which You are resident.

United States Federal Government End Use Provisions

If You are a U.S. federal government end user, our Service is a "Commercial Item" as that term is defined at 48 C.F.R. §2.101.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop Using the Website and the Service.

Contact Us

If You have any questions about these Terms and Conditions, You can contact Us:

By email: [email protected]

Please be sure to include in the subject of your email “Attn: Legal – Terms and Conditions of Use”:  All emails must include Your email Your full name, email address, postal address, and any message.