Terms & Conditions
Last Updated July 15, 2021
By accessing this website, you agree to be bound by the following terms and conditions of use (the “Terms”) without limitation or qualification.
Please direct any questions about these Terms or any other questions or problems with this website to info@retirementgenius.com.
The website for Retirement Genius LLC (“Retirement Genius”) is for informational and educational purposes only. Any details stated in case examples listed on this website and any materials published by Retirement Genius may be approximations. Such details may be presented by Retirement Genius without independent verification.
The submission form found on the website is a tool intended to assist Retirement Genius in evaluating and responding to consumer needs. By using the submission form, you authorize Retirement Genius to contact you, including by telephone. You further authorize Retirement Genius to provide any and all information given by you on this form or in any communication thereafter, including your personal and/or health information, to Retirement Genius’s affiliates, as well as to non-affiliated contracted parties, life settlement providers, and brokers. This information may be used for the purposes of providing information regarding available financial products and services and evaluating and qualifying for policies for potential life settlements. For more information about how Retirement Genius uses your personal and/or health information, please visit https://retirementgenius.com/privacy-policy/
No Representation.
Retirement Genius is a marketing company. Retirement Genius does not represent policy sellers in any financial, life or viatical settlement transactions and will not provide any advice related thereto, including regarding the tax consequences of such transaction to any policy seller. Retirement Genius does not represent or warrant (i) that any particular financial transaction discussed on this website is appropriate for any individual consumer or (ii) that any life insurance policy submitted to or discussed with Retirement Genius will generate any life settlement offers. We urge you to contact your legal, tax, and financial advisors prior to undertaking any financial transaction, including a life settlement. Retirement Genius is not a life settlement provider or broker and refers policies submitted through the website to third party licensed life settlement providers. Retirement Genius is not responsible for the conduct of any third parties who may offer to purchase, or actually purchase, any life insurance policy submitted to Retirement Genius.
No Representation.
You acknowledge that telephone calls to or from Retirement Genius or its affiliates may be monitored and recorded, and you agree to such monitoring and recording. You verify that any contact information provided to Retirement Genius, including, but not limited to, your name, mailing address, email address, your residential telephone number, and/or your mobile telephone number, is true and accurate. You verify that you are the current subscriber or owner of any telephone number that you provide to us. Should any of your contact information change, including your telephone numbers, you agree to notify us before the change goes into effect by email at info@retirementgenius.com
You acknowledge that by voluntarily providing your telephone number(s) to Retirement Genius, you expressly agree to receive prerecorded voice messages and/or autodialed calls or text messages from us and our third party service providers, including alerts about your relationship with Retirement Genius, and other products or services offered by Retirement Genius or its affiliates. You also agree that Retirement Genius may obtain, and you expressly agree to be contacted at, any email addresses, mailing addresses, or phone numbers provided by you directly at any time or obtained through other lawful means, such as caller ID capture. You agree to receive automated calls and text messages even if your policy does not qualify, except if you opt-out, as provided below. Consent to receive automated marketing calls/texts is not a condition of qualifying your policy. Retirement Genius or its affiliates may call or text you even if your telephone number is registered on any state or federal Do Not Call list. You may incur a charge for these calls or text messages by your telephone carrier and that Retirement Genius and its affiliates are not responsible for these charges.
You may opt-out of automated calls or text messages at any time. To opt-out of text messages, reply STOP to any text message. To opt-out of automated voice calls (but not text messages), you must (i) provide us with written notice revoking your consent; (ii) in that written notice, you must include your full name, mailing address, and the specific phone number(s) for which you wish to cease telephonic communications; and (iii) send this written notice to Attention: Retirement Genius at info@retirementgenius.com. Please allow up to thirty (30) days to process any opt-out request.
Arbitration Agreement
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS AND LIMITS CERTAIN RIGHTS INCLUDING, BUT NOT LIMITED, TO THE RIGHT TO BRING AN ACTION IN COURT, TO SEEK TRIAL BY JURY, AND TO BRING CLASS ACTIONS. Any claim, dispute, or controversy arising from or relating to your relationship with Retirement Genius or its affiliates, whether in contract, tort, pursuant to statute, regulation, ordinance, or in equity or otherwise, wherever and by whomever commenced (“Claim”), shall, upon delivery of a written notice demanding arbitration to the other party (including a written notice after the commencement of a lawsuit or a notice contained in court filings in any such lawsuit), be resolved by binding arbitration on an individual (not class) basis only. Such arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq. (and not any state law concerning arbitration), these Terms, and the applicable rules of JAMS–excluding any rules pertaining to class arbitration, and subject to any modifications of those rules by this Arbitration Agreement–in effect at the time of the written notice demanding arbitration. In the event of a conflict between JAMS rules and this Arbitration Agreement, this Arbitration Agreement shall control. In the event of a conflict between this Arbitration Agreement and another potentially applicable contractual arbitration provision, this Arbitration Agreement shall control. The arbitrators shall not apply any arbitration provision other than this Arbitration Agreement in administering any arbitration concerning Claims falling within the scope of this Arbitration Agreement. The term “Claim”, as used in this Arbitration Agreement, is to be given the broadest possible meaning, and includes without limitation claims, disputes, or controversies arising from telephone, email, text or written communications from Retirement Genius or its affiliates, or qualifying your policy for possible purchase. Any dispute regarding arbitrability, including the permissibly of class arbitration, however, shall be resolved by a court of competent jurisdiction, and not in arbitration. For avoidance of doubt, all disputes regarding the availability of classwide or consolidated arbitration shall be resolved in court and not in arbitration, regardless of the posture under which such disputes arise. YOU WILL NOT HAVE THE RIGHT TO A JURY TRIAL IN ARBITRATION. DISCOVERY AND RIGHTS TO APPEAL GENERALLY ARE MORE LIMITED IN ARBITRATION THAN IN A LAWSUIT, AND OTHER RIGHTS APPLICABLE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. THE ARBITRATION AGREEMENT IS FULLY BINDING IN THE EVENT THAT A CLASS ACTION OR SIMILAR LAWSUIT OR CLASS ARBITRATION IS FILED IN WHICH YOU WOULD BE A CLASS REPRESENTATIVE OR MEMBER, OR WOULD ACT IN A PRIVATE ATTORNEY GENERAL CAPACITY. YOU AGREE THAT THERE SHALL BE NO CLASS OR CONSOLIDATED ARBITRATION OF ANY CLAIM, AND YOU EXPRESSLY WAIVE ANY RIGHT TO ARBITRATE OR LITIGATE IN A CLASS ACTION.
JAMS will be used for the purposes of administering an arbitration governed by this Arbitration Agreement. The website containing applicable rules for JAMS is www.jamsadr.com. The arbitration will be decided by one (1) arbitrator, who must be a lawyer with more than ten (10) years of experience or a retired judge.
Arbitrations seeking relief less than $100,000 in the aggregate will be held within the federal judicial district encompassing the city where you reside. Arbitrations seeking relief of $100,000 or more in the aggregate will be held in Philadelphia, Pennsylvania.
Retirement Genius will pay the first $2,500.00 in fees charged by the arbitration administrator for Claim(s) associated by you in the arbitration, after you have paid an amount equivalent to the fee, if any, had such Claim(s) been filed in state or federal court (whichever is less) in the judicial district in which you reside or are located. Thereafter, the parties to the arbitration shall share the arbitration fees equally, which amounts shall not be recoverable in the arbitration. Each party to the arbitration shall be responsible for its own attorney, expert, and other fees.
Consistent with the individual (not class) nature of the arbitration for which this Arbitration Agreement provides, there shall be no discovery in such arbitration of the name or other identifying information of any insured or policy owner. Nor shall there be discovery in such arbitration of any trade secret, or any document or information pertaining to one or more transactions in which you were not directly involved. The arbitrator shall apply the Federal Rules of Civil Procedure and Federal Rules of Evidence, except that in the event of a conflict between any of those rules and this Arbitration Agreement, this Arbitration Agreement shall control.
If any portion of this Arbitration Agreement is deemed invalid or unenforceable, it shall not invalidate the other provisions of the Arbitration Agreement; provided, however, that if the prohibition on classwide arbitration is deemed invalid or unenforceable–an issue that may be considered only in a putative class proceeding–then this entire Arbitration Agreement shall be null and void.
Warranty Disclaimer
RETIREMENT GENIUS MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS WEBSITE FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. RETIREMENT GENIUS AND ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS WEBSITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. RETIREMENT GENIUS, ITS AFFILIATES, AND/OR ITS THIRD PARTY SERVICE PROVIDERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE FORM(S) AND/OR THE TOOL(S) PROVIDED OR DESCRIBED HEREIN AT ANY TIME.
Indemnification
You agree to indemnify, defend and hold Retirement Genius and its affiliates harmless from and against any and all claims, losses, liability, costs, and expenses (including reasonable attorneys’ fees) arising from (i) your voluntary provision of a telephone number that is not your own, and/or from your violation of any federal, state, or local law, regulation, or ordinance; (ii) your misuse of the website; (iii) your violation of these Terms; and (iv) your violation of any law or the rights of any third party (including, without limitation, any copyright, property or privacy right).
Limitation of Liability
IN NO EVENT SHALL RETIREMENT GENIUS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THIS WEBSITE. RETIREMENT GENIUS ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS A RESULT OF YOUR ACCESS TO, USE OF, OR BROWSING THIS WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THIS WEBSITE. YOU WILL BE RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF YOUR ACCESS TO, OR USE OF, THIS WEBSITE OR ITS CONTENTS IN A MANNER OTHER THAN AS EXPRESSLY PERMITTED BY THESE TERMS OR YOUR VIOLATION OF APPLICABLE LAWS OR RIGHTS OF ANY THIRD PARTY.
Copyright Notice
©2023 All Rights Reserved
Trademarks
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
Notice Specific to Content Available on this Website
No permission of any kind is granted regarding the use or reproduction of the design or layout of the www.retirementgenius.com website or any other website owned, operated, licensed or controlled by Retirement Genius. Elements of this website are protected by copyright, trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. All trademarks, service marks, trade names, logos, and icons are proprietary to Retirement Genius. Nothing contained on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on this website without the written permission of Retirement Genius. Your use of the trademarks displayed on this website, or any other content on this website, except as provided herein, is strictly prohibited. You may not distribute, modify, transmit, reuse, repost, or use the content of this website for public or commercial purposes, including the text, images, logos, audio, and video without Retirement Genius’s prior written permission. Any unauthorized use of images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. Retirement Genius neither warrants nor represents that your use of materials displayed on this website will not infringe rights of third parties.
Ownership of Information
Any information, other than personal data or information you transmit to Retirement Genius via this website, by email or otherwise, including data, questions, comments, or suggestions, will be treated as non-confidential and non-proprietary and will become the property of Retirement Genius. Such information, other than personal data or information, may be used for any purpose, including, but not limited to, reproduction, solicitations, disclosure, transmission, publication, broadcast, and posting. Retirement Genius is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to Retirement Genius via this website or by any other means for any purpose whatsoever, including, but not limited to, developing and marketing products using such information.
Waiver
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Retirement Genius’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Rights Reserved
Any rights not expressly granted herein are reserved. Retirement Genius reserves the right to change the Terms at any time and from time to time by revising these Terms. You are responsible for regularly reviewing these Terms. If any portion of these Terms is found to be unenforceable, the remaining sections of the Terms will remain in effect. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by Retirement Genius, or alternatively, by disposition of an arbitrator or a court of law. If such provisions cannot under any circumstances be so modified or restricted, they shall be excised from the Terms without affecting the validity, legality or enforceability of any of the remaining provisions.