LAST UPDATE: August 28, 2017
The terms and conditions stated herein constitute a legal agreement between JourneyGuide, Inc., a Delaware corporation (referred to as the “Company,” “JourneyGuide”, “we”, “us” or “our”) and you (referred to as “User”, “you” or “your”).
We reserve the right to modify the terms and conditions of these Terms or any other policy relating to the Services or Site at any time, effective upon posting of an updated version of these Terms on the Site. You are responsible for regularly reviewing these Terms. Continued use of the Service or Site after any such changes shall constitute your consent to such changes.
The JourneyGuide site is for financial professional use only. We do not provide investment, financial or tax advice. You should not rely on any information on our site as the primary basis for making investment, financial or tax planning decisions. We are not responsible for the financial or other products and services or for the accuracy of the data obtained from third-party sites that are displayed or reported through our platform or any of our services.
Electronic Signature Agreement and Technical Requirements
Registering on the JourneyGuide Site requires to agree to the Terms by electronic signature. You agree that your electronic signature constitutes your legal, valid and binding signature, acceptance and agreement as if actually signed by you in writing. You specifically agree to receive and/or obtain any and all communications electronically from JourneyGuide. You acknowledge that, for your records, you are able to retain a copy of your agreement with JourneyGuide by printing these Terms or requesting a copy by emailing us at email@example.com or calling us at 844-427-4576. You have the right to withdraw your consent to receive/obtain communications electronically at any time by emailing us at firstname.lastname@example.org or calling us at 844-427-4576. You acknowledge that JourneyGuide reserves the right to restrict or terminate your access to JourneyGuide if you withdraw your consent.
Use of the Services requires internet access through your computer. The user interface and functionality may not be the same across all platforms. Our Services may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. JourneyGuide is not responsible for any delays, delivery failures, or other damage resulting from such problems.
You are responsible for installation, maintenance and operation of your computer, browser and software. JourneyGuide is not responsible for errors or failures from any malfunction of your computer, browser or software, nor is it responsible for computer viruses or related problems with your use of online systems. The minimum hardware, software and operating system requirements necessary to use the Site and Services and to receive electronic communications may be found in the Technology section of the Site’s Frequently Asked Questions page. Your use of the Site and Services is confirmation and an acknowledgement that you have these minimum requirements.
JourneyGuide reserves the right, at its sole discretion, to modify the Site, Services or Terms at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site or Services, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services.
How the Site and Services Work
As stated above, we developed an educational financial planning tool that utilizes client financial information and proprietary algorithms to run analysis that provides insight as to how a client’s income in retirement may be impacted by various factors. You access the site through unique credentials. You can create client profiles, enter, save and associate appropriate client information with those profiles and run analysis based on the client information. The analysis can be saved and client output created based on the analysis.
We will create an account for your use of the Site and Services (“JourneyGuide Account”) based upon the information you provide to us. You may not have more than one (1) active JourneyGuide Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. We reserve the right to suspend or terminate your JourneyGuide Account and your access to the Site and Services if you create more than one (1) JourneyGuide Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your JourneyGuide Account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your JourneyGuide Account.
Purchase of the Service
There are three (3) subscription and payment options available:
(collectively “Subscription”). You agree to purchase the Services at the price, length of Subscription, and billing terms stated on your invoice. The price stated on your invoice includes taxes and fees. If you pay by credit or debit card, by selecting a card to be billed, you confirm that you are the holder of that card and are authorized to make the purchase.
Monthly payments are billed on a 30-day cycle, which begins upon Subscription and ends 30 days thereafter. Annual payments are billed on a 365-day cycle, which begins upon Subscription and ends 365 days thereafter.
No refunds will be issued for a given billing cycle if you cancel the Service before the end of the billing cycle of a Subscription, regardless if you have chosen a monthly or annual billing cycle. For example, if an annual Subscription had been purchased and an annual billing cycle chosen, and if the Service were to be canceled by you after the sixth month, there would be no refund issued for the remaining six (6) months of Service.
Automatic subscription renewal
For both thirty (30) day and annual Subscriptions, the Subscription will be automatically renewed unless you notify us at least five (5) days before the end of your Subscription term. Notification can be made by emailing us at email@example.com or calling us at 844-427-4576.
JourneyGuide may occasionally change the price for the Service. You will not be charged the new price until the expiration of the current billing cycle. Any change in price will be communicated to you at least fifteen (15) days in advance if you have a monthly billing cycle or thirty (30) days in advance if you have an annual billing cycle. Subject to the auto renewal policy, you have the opportunity to not renew your Subscription by contacting firstname.lastname@example.org or calling us at 844-427-4576. Continued use of the Service by you after the communication of the change in price for the Service represents your acceptance of the new price.
Data and Data Integrity
The overall integrity and quality of the data presented by JourneyGuide to you is an important element in providing you with a high-quality experience. JourneyGuide, however, is not responsible for and cannot guarantee the timeliness of receiving information from third party providers used to provide the Services, nor can JourneyGuide guarantee the accuracy of the data provided by such third party providers.
JourneyGuide may not be able to foresee or anticipate technical or other difficulties which may result in failure to obtain data, or other service interruptions. JourneyGuide assumes no responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, loss of user data, communications or personalization settings. JourneyGuide encourages you to periodically update your clients’ information for up to date analysis.
Disclaimers related to our Services
By using the Services, you understand and acknowledge that any results provided by JourneyGuide cannot be guaranteed. All investments entail a risk of loss and money can be lost. Generally, among asset classes, stocks are more volatile than bonds or short-term instruments and can decline significantly in response to adverse issuer, political, regulatory, market, or economic developments. The bond market is also volatile. Lower-quality debt securities generally offer higher yields compared to investment grade securities, but they also involve greater risk of default or price changes. International markets can be more volatile than U.S. markets due to increased risks of adverse issuer, political, market, or economic developments, all of which are magnified in emerging markets.
There is no guarantee that a diversified portfolio will outperform a non-diversified portfolio, and vice-versa, in any given market environment. No investment strategy, such as asset allocation, can guarantee a profit or protect against loss in periods of declining values. Inherent limitations and market conditions may affect the performance of the portfolios. Past performance does not guarantee results. Additional information about JourneyGuide’s methodology and limitations may be found on the Site and the output generated by Site.
We make no representation or warranty (i) regarding the accuracy of any data received from any of our third-party information providers, or (ii) on behalf of any third-party information provider in any capacity. We are in no way affiliated with or under common control with any third-party information provider.
The features, information and materials provided and depicted through the Services and the Site are the sole property of JourneyGuide. All text, images, graphical content, data and other content made available through the Services (collectively, the “Content”) are provided to User by JourneyGuide solely to support User’s permitted use of the Services. The Content may be modified from time to time by JourneyGuide in its sole discretion and without notice. Except as expressly set forth herein, no license right or interest is granted to User for any other purpose, and any other use of the Services or the Content by User shall constitute a material breach of these Terms. JourneyGuide retains all rights in the Services and Content and any associated trademarks, copyrights, trade secrets or other intellectual property rights.
Subject to your compliance with these Terms, JourneyGuide grants you a limited non-exclusive, non-transferable license to use the Site and Services solely for your own use. You are authorized to use the Service only for your clients. You are expressly prohibited from using the Service in a "back-office" environment where you create reports and analysis 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 JourneyGuide that this license and the output generated from this license will be used only by you and, if applicable, your administrative or sales assistant, and that any other party may only use the Service pursuant to their own license granted by JourneyGuide through a separate agreement to purchase the Services.
The Services are offered solely for User’s personal use for the purposes described in these Terms. Any and all other uses are prohibited. You agree not to (and not to allow any third party to):
JourneyGuide has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. JourneyGuide may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against JourneyGuide or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users, such as these Terms, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of JourneyGuide, its users, or members of the public. You acknowledge that JourneyGuide has no obligation to monitor your access to or use of the Site or Services, but has the right to do so for the purpose of operating and improving the Site and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms.
The Site and Services may contain links to third-party websites or resources. You acknowledge and agree that JourneyGuide is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by JourneyGuide of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the content, products or services on or available from such websites or resources.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services (“Feedback”). You may submit Feedback by emailing us at email@example.com or through the “Contact” section of the Site. You acknowledge and agree that all Feedback will be the sole and exclusive property of JourneyGuide and you hereby irrevocably assign to JourneyGuide and agree to irrevocably assign to JourneyGuide all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At JourneyGuide’s request and expense, you will execute documents and take such further acts as JourneyGuide may reasonably request to assist JourneyGuide to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
If any fee to be paid by you for the Services is past due, JourneyGuide may terminate this Agreement 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.
JourneyGuide may suspend your ability to use all or any element of the Services or may terminate these Terms effective immediately, without any notice or explanation. Without limiting the foregoing, JourneyGuide may suspend your access to the Services if we believe you to be in violation of any part of these Terms. After any suspension or termination, you may or may not be granted permission to re-establish a JourneyGuide Account. You agree that JourneyGuide shall not be liable to you for any termination of these Terms or for any effects of any termination of these Terms. Subject to the auto renewal policy, you may cancel your JourneyGuide Account at any time by sending an email to firstname.lastname@example.org or calling 844-427-4576. Please note that if your JourneyGuide Account is cancelled, we do not have an obligation to delete or return to you any reviews or Feedback that you have sent us.
JourneyGuide may send you email messages to provide you information regarding our Services. We may send push notifications to User’s device or contact User through the Site or via SMS (if phone number is provided) for any reason that relates to the User’s use of the Site. You hereby expressly consent to receiving such email and/or SMS messages. You may report a problem to us regarding the Services, but we cannot guarantee that we will contact you to remedy such problem.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIABILITY OF JOURNEYGUIDE AND ITS AGENTS TO YOU SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100). JOURNEYGUIDE AND ITS AGENTS SHALL NOT IN ANY EVENT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR DAMAGES MEASURED BY LOST PROFITS, OR FOR DAMAGES FOR LOST OPPORTUNITY, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA OR OTHER INTANGIBLE OR SPECULATIVE LOSSES, EVEN IF JOURNEYGUIDE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE USE OR INABILITY TO USE THE SERVICES OR THE SITE; THE COST OF SUBSTITUTE GOODS OR SERVICES; ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, STATEMENTS OR CONDUCT OF ANYONE RELATED TO THE SERVICES; THE PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY ACCOUNT PROVIDER SITE, EVEN IF THE PROVIDER HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR ANY PROVIDER OR THIRD PARTY WEBSITE, OR ANY OTHER MATTER RELATING TO THE SERVICES OR THE SITE. Some jurisdictions do not permit the limitation or exclusion of certain categories of liability, so some of the above limitations may not apply to you.
THE SERVICES MAY BE AVAILABLE THROUGH THE INTERNET AND/OR NETWORK ACCESS AND MAY REQUIRE SOFTWARE. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THESE REQUIREMENTS, INCLUDING ANY APPLICABLE CHANGES, UPDATES AND FEES AS WELL AS THE TERMS OF YOUR AGREEMENT WITH YOUR TELECOMMUNICATIONS PROVIDER. JOURNEYGUIDE MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
You and JourneyGuide understand and agree that the disclaimers, exclusions and limitations in this Section titled “Limitation of Liability” and in the Section below titled “Disclaimer of Warranties” are essential elements of these Terms and that they represent a reasonable allocation of risk. In particular, you understand that JourneyGuide would be unable to make the Services available to you except on these terms and hereby agree that these Terms will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose.
Disclaimer of Representation and Warranties
NOTWITHSTANDING ANYTHING STATED IN THIS AGREEMENT TO THE CONTRARY, JOURNEYGUIDE AND ITS AGENTS REPRESENT THAT THE SERVICES AND THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. JOURNEYGUIDE AND ITS AGENTS ASSUME NO RESPONSIBILITY FOR ERRORS OR OMISSIONS MADE BY YOU, OR ERRORS OR OMISSIONS IN THE CONTENT, INFORMATION OR OTHER DATA WHICH ARE REFERENCED BY, LINKED TO OR PROVIDED BY OR THROUGH THE SERVICES AND/OR THE SITE. JOURNEYGUIDE AND ITS AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND REGARDING THE SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE FROM THE SERVICES, WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITATION, JOURNEYGUIDE DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOUR USE OF THE SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM OUR SITE IS AT YOUR SOLE RISK.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, JOURNEYGUIDE AND ITS AGENTS WILL NOT BE LIABLE FOR THE ACCURACY OR RELIABILITY OF ANY DATA, INFORMATION OR CONTENT, FOR ANY SERVICES INTERRUPTIONS, OR FOR ANY FAILURE OR DELAY RESULTING FROM ANY ACTS OF FORCE MAJEURE OR ACTS THAT ARE OTHERWISE OUTSIDE OF JOURNEYGUIDE’S OR ITS AGENTS’ REASONABLE CONTROL, OR ANY INTERNET OR TELECOMMUNICATIONS FAILURE OR YOUR INABILITY TO ACCESS THE SERVICES OR THE SITE, NOR CAN JOURNEYGUIDE OR ITS AGENTS GUARANTEE THE COMPLETE SECURITY OF THE SERVICES OR THE SITE, THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS OR THAT ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED. YOU AGREE THAT ANY DOWNLOADS OF CONTENT OR MATERIALS RELATED TO THE SERVICES OR THE SITE IS DONE AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER/SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF OR ACCESS TO ANY SUCH MATERIALS. IN ADDITION, WE CANNOT ALWAYS ANTICIPATE TECHNICAL OR OTHER DIFFICULTIES WITH THE SERVICES, EITHER PRESENTLY OR AS THEY EVOLVE; THE SERVICES MAY CONTAIN BUGS, ERRORS OR OTHER PROBLEMS, WHICH MAY RESULT IN LOSS OF DATA OR SETTINGS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES; ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NEITHER JOURNEYGUIDE NOR ITS CONTENT PROVIDERS SHALL BE RESPONSIBLE FOR INVESTMENT AND OTHER FINANCIAL DECISIONS, DAMAGES, OR OTHER LOSSES RESULTING FROM USE OF THIS SITE. NEITHER JOURNEYGUIDE NOR ITS CONTENT PROVIDERS SHALL BE CONSIDERED AN "EXPERT" UNDER THE SECURITIES ACT OF 1933. NEITHER JOURNEYGUIDE NOR ITS CONTENT PROVIDERS WARRANT THAT THIS SITE COMPLIES WITH THE REQUIREMENTS OF THE FINANCIAL INDUSTRY REGULATORY AUTHORITY, THE SECURITIES AND EXCHANGE COMMISSION OR ANY SIMILAR ORGANIZATION OR REGULATOR OR WITH THE SECURITIES LAWS OF ANY JURISDICTION.
You agree to indemnify, defend and hold us and all of our officers, directors, employees, agents, parent company, affiliates and information providers harmless from and against any and all third-party claims, damages, liability and costs (including attorneys’ fees and costs) incurred by any of these parties that arise out of or are caused by your use of our Services and/or our Site, your violation of these Terms, your infringement of any intellectual property rights, or violation by any user of your JourneyGuide Account. In the event that there are third party claims against you for which you properly seek damages from us under these Terms, or we are subject to any claim for which we have the right to be indemnified by you, we reserve the right at our expense in the case of claims by third parties against you, and at your expense in the case of claims for which we have the right to be indemnified by you, to assume the exclusive defense and control of any such claim, and you agree that in any event no such claim can be settled without our written consent.
These Terms constitute the entire and exclusive understanding and agreement between JourneyGuide and you regarding the Site and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between JourneyGuide and you regarding the Site and Services.
You may not assign or transfer these Terms, by operation of law or otherwise, without JourneyGuide’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. JourneyGuide may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by JourneyGuide (i) via email (in each case to the address that you provide) or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Controlling Law and Jurisdiction
These Terms will be interpreted in accordance with the laws of the State of Indiana and the United States of America, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in Allen County, Indiana or a United States District Court located in Allen County, Indiana (collectively, the “Courts”) for any actions that you or we have to seek relief, including but not limited to economic damage or injunctive or other equitable relief. If you file in any other court or jurisdiction, you agree to pay for JourneyGuide’s expenses, costs and reasonable attorneys’ fees to remove the case to one of the Courts.
Any dispute arising out of the Terms, Services, or Site shall be first attempted to be resolved by good faith negotiations between you and JourneyGuide. Should good faith negotiations fail, you and JourneyGuide agree to mediate the dispute in Allen County, Indiana. If mediation fails, you or we may file an action as set forth in the preceding section. If you fail to follow this dispute resolution process, you agree to pay for JourneyGuide’s expenses, costs and reasonable attorneys’ fees for any additional expense it would incur as a result of such failure.
WAIVER OF JURY TRIAL. YOU ACKNOWLEDGE AND AGREE THAT ANY CONTROVERSY WHICH MAY ARISE UNDER THE TERMS, SERVICES OR SITE IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES, AND THEREFORE YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THE TERMS, SERVICES OR SITE.
You agree that no joint venture, partnership, or employment relationship exists between you and JourneyGuide as a result of these Terms or use of the Services. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of the Services within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and these Terms shall continue in effect. The failure of JourneyGuide to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of JourneyGuide. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
If you have any questions about these Terms, please contact us at email@example.com or call 844-427-4576.