Welcome to ssincomeplanner.com™ (the "Site"), an online service that allows individuals and financial advisors to make planning decisions about Social Security benefits (the "Service"). The Site is owned and operated by JASUBA LLC, a New Jersey limited liability company ("we", "us," or "the Company"). The Service contains information, data, applications, graphics, editorial and other content accessible by any registered user.
General Terms and Conditions
1.1 This Terms of Service Agreement (the "Agreement") describes the terms and conditions on which the Company offer services to you. This is a legally binding agreement. By registering for or using the Service, you agree to be bound by the following terms and conditions. You should carefully read the following before using the Site and the Service.
1.2 If at any time you find these Terms of Service unacceptable, you must immediately leave the Site and cease all use of the Service and the Site. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
1.3 In addition to these Terms of Service, you also agree to be bound by our Privacy Policy, which terms and policies are hereby incorporated herein and made a part hereof.
Your Representations
2.1 You agree that you will provide accurate and complete information when prompted to do so by any registration form, and that you will maintain and update such information so it remains accurate and complete.
2.2 The Company will use the e-mail address you have provided to send you notices concerning the Service and your use of the Service. These notices may include information on updates to the Service that may be made available from time to time on the Company's web site or information pertaining to your subscription to use the Service, including fees due. You agree to accept all electronic communications from us at the e-mail address you provide during registration, and not to make any claims against us if you do not receive the communications we send to your e-mail address. If your e-mail address changes, you agree to notify us within 30 days of the change, by sending us an email.
2.3 Financial Advisor: You represent and warrant to the Company that you are a professional financial planner, advisor, and/or broker, that you have all the required licenses to engage in the services associated with the use of the Service, and that your use of the Service, the Site, and the results of any calculations performed by the Service will be represented accurately and used in compliance with all applicable laws and regulations. You also represent and warrant, for yourself and as a representative of your clients, that you have read or otherwise accept the conditions of the Privacy Policy located on the Company's web site, as modified from time to time by the Company at it's sole discretion.
2.4 Financial Advisor: You are authorized to use the Service only for your own clients. You are expressly prohibited from using the Service in a "back-office" environment where you create Plans (using the Service) for other planners, advisors, brokers, financial professionals, and/or any other persons (each an "Other Party") in your firm to use with their clients. You are expressly prohibited from sharing a license with any Other Party. By accepting this Agreement, you are certifying to the Company that this license and the Plans generated from this license will be used only by you and, if applicable, your administrative or sales assistant, and that no part of any Plan is or will be used by any other Other Party to develop, analyze, or determine alternatives, recommendations, or advice for any client unless such Other Party also has a license to use the Service.
Registration and Security
3.1 As part of the registration process, you will select a password and Member name ("Username"). You must provide us with accurate, complete, and updated registration information. Failure to do so will breach this Agreement. You understand that you may not (i) select or use a name of another person with the intent to impersonate that person; or (ii) use a name that we, in our sole discretion, deem offensive.
3.2 (a) You shall notify us by E-mail of any known or suspected unauthorized use(s) of your membership, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. (b) You will be responsible for maintaining the confidentiality of your password. You will never be required to reveal your password to any representative or agent of ssincomeplanner.com, its owners or agents.
3.3 You are responsible for all usage or activity on the Site via your password. Distribution of your password for access to the Site to others is expressly prohibited and shall constitute a breach of this agreement. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your membership, at our sole discretion, and you may be referred to appropriate law enforcement agencies.
3.4 In order to use the Service, you need the equipment necessary to connect to, and access the internet. You are responsible for installing, maintaining, and operating your computer and the associated internet connections. the Company is not responsible for any problems caused by your computer, including any virus or related problems associated with your use of the Service or the Site.
Fees and Payment -- Retiree License
4.1 Individual Retiree License: Allows ANY number of Scenarios for ONLY ONE Retiree for a nonrefundable price of $4.99. Retirees are identified by Current Marital Status & ONE Unique set of Date of Birth(s).
Fees and Payment -- Advisor License Subscriptions
5.1 Advisor Annual License: Advisors may use any number of Retirees & Scenarios For One Year from the Date of PURCHASE for a nonrefundable price of $49.99.
Your subscription will not be automatically renewed upon expiration. We may notify you and request that you renew manually.
About Copyright
6.1 The Service consists of a proprietary software product (the "Software"). The Company retains ownership of all patents, copyrights, trademarks, trade secrets, and other proprietary rights relating to or residing in the Service. The Software is licensed, not sold, to you for use as part of the Service only under the terms of this Agreement. Except as expressly provided, you have no right, title or interest in the Software.
All contents of the Software are: © Copyright 2016 JASUBA LLC.
6.2 You may not decompile, reverse engineer, disassemble, or otherwise reduce the Software to human-perceivable form. You may not modify, adapt, translate, rent, sublicense, assign, loan, resell for profit, distribute, or network the Software or related materials, or create derivative works based upon the Software or any part thereof. You may not modify, copy, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer, or sell any information obtained from the Software or the web site which hosts the Software.
6.3 This Agreement does not limit any rights that the Company may have under trade secret, copyright, patent, trademark or other laws.
Indemnity
7.1 You shall indemnify, hold harmless, and defend, at your own expense, the Company, its affiliates, officers, directors, employees, members, contractors, agents, suppliers, and representatives against any claim, suit, actions, demands, liabilities, expenses, including without limitation, reasonable attorney's fees, or any proceeding which arises out of, results from, or is related to any breach made by you of this Agreement, or of any claim of defamation, invasion of privacy, right of publicity, infringement of intellectual property or other proprietary rights relating to your use of the ssincomeplanner.com Service.
Limitations Of Liability and Disclaimer of Warranty
8.1 IN NO EVENT WILL THE COMPANY, ITS EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, AGENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTIAL, SPECIAL OR OTHER INDIRECT (INCLUDING WITHOUT LIMITATION, COST OF COVER) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ANY SERVICES, CONTENT OR OTHER MATERIALS PROVIDED OR AVAILABLE HEREUNDER, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER SUCH DAMAGES AROSE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER LEGAL BASIS.
8.2 THE SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AUDIENCE, AND NON-INFRINGEMENT. IN NO EVENT WILL THE COMPANY OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES (EVEN IF THE COMPNAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF YOUR USE OF OR INABILITY TO ACCESS THE SITE OR USE THE SERVICE, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOSS OF GOODWILL, LOST BUSINESS, LOST DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE SITE'S RECORDS, PROGRAMS, OR SERVICES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS WEB SERVICE, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES THE COMPANY'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Additional Disclaimer
9.1 The Service contains income need, expense projection and investment growth calculation features. The Company does not have any control over your use of the Service and related information. The Company does not warrant the performance or results that may be obtained by its use. The Company does not represent, warrant, or guarantee the accuracy or timeliness of the data contained in the Service or printed materials and shall not have any liability of any kind whatsoever to you, or to any party, because of any inaccuracies in or lack of timeliness of the data, or for any delay in reporting such data or corrections to such data contained in the Service or printed materials. Various information in the Service may not be current or accurate. The Service should not be used without confirming research from other sources, obtaining up-to-date information, and separate analysis by the user of his or her own particular financial situation. The Company does not recommend, guarantee, or represent that the Service will predict the future performance of investment or insurance products of any kind. Moreover, this Service does not offer customized tax, legal, investment or risk management advice or strategies. The projected return, standard deviation, correlation, and inflation assumptions included in the Service are based on a combination of the historical performance of an appropriate broad market index, additional research, and a current assessment of the economy and financial market conditions. These conditions might or might not occur in the future. The Company offers such return, standard deviation, correlation and inflation assumptions "as is," as a convenience to you. The Company does not warrant or guarantee any of these assumptions, nor does it recommend, warrant, or guarantee their usefulness. You have the flexibility to input your own assumptions for projected data. Therefore, if you decide to use the projected data included in the Service, you understand and agree that such usage is at your own risk, that you bear all responsibility for the results generated through the use of such data, and that the Company shall not have any liability of any kind whatsoever to you, or to any party, because of your use of such data.
9.2 Social Security Income Planner™ is not connected with, affiliated with or endorsed by United States government or the Social Security Administration. The local advisor offering Social Security Income Planner™ may be an insurance agent, financial advisor, accountant or attorney. Advisors may offer other products or services and are compensated by commissions and/or fees for any other services they may provide.
Termination
10.1 If any fee to be paid by you for the rights and license granted herein is past due, the Company may terminate this Agreement and the license granted here under without prior notice. You agree that upon termination, we may, but are not required to, delete all information related to your account and may bar your access to your account and the Service.
10.2 The Company, in its sole and absolute discretion, may end this Agreement and your license to use the Service at any time, without prior notice, if you fail to comply with any of your obligations under this Agreement or if you make any representation to us that is inaccurate, or make unacceptable use of the Service.
10.3 Unless otherwise provided within these Terms, any of the following actions are unacceptable uses of the Service, and the Company, in its sole discretion and without liability for doing so, may terminate or restrict any user's access to this web site at any time for such unacceptable use:
Uploading or transmission of any trojans, worms, viruses or any code of a destructive or spying nature.
Using the Service in conjunction with any device or service designed to circumvent technological measures employed to control access to, or the rights in, any content or other work protected under copyright laws.
Using the Service for any purpose other than which it is intended.
Using the Service for submission, generation or inclusion of unsolicited bulk email or other forms of email abuse (i.e. SPAM).
Attempting to impersonate any person, using forged headers or other identifying information in a defamatory way.
Uploading any programs that may cause a disruption to the Service.
Any action that violates the laws of applicable local, state, federal or international governmental bodies.
Re-selling the Service without express written permission from the Company.
Miscellaneous
11.1 Taxes: In the event that they are applicable, you shall be solely responsible for the payment of all sales, use and similar taxes relating to your use of the Service.
11.2 Governing Law: This Agreement is deemed entered into in New Jersey, and shall be construed as to its fair meaning and not strictly for or against either party. You agree that the proper forum for claims under this Agreement will be the courts of the state of New Jersey for Union County or the U. S. District Court for the District of New Jersey, and you agree to submit to the jurisdiction of these courts. The validity and performance of this Agreement shall be governed by New Jersey law (without reference to choice of law principles), except as to copyright and trademark matters, which are covered by federal laws. If any provision of this Agreement is invalid or unenforceable under applicable law, then it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect.
11.3 Amendment of Agreement: The Company may amend this Agreement from time to time on an as-needed basis by placing an update of this Agreement on the Site at this location or at any other location designated at said site.