Effective Date: September 9, 2023
Welcome to the website (“Site”), which is owned and operated by Self Direct Your Retirement, LLC (a Massachusetts Limited Liability Company) (“FAM” “Financial Advisor Mentor” “we” or “us”), www.financialadvisormentor.com (the “Site” or “Web Site”). FAM is the sole owner of this Site. Set out below are terms and conditions for use of this Site. You agree to be bound by these terms if you use our Site. Be sure to check this page periodically for updates, as your continued use of the Site signifies your acceptance of any changed items.
These Terms and Conditions ("Terms of Use") apply to all users of this Site, whether or not you are a member of the community. By using this Site you are agreeing to comply with and be bound by these Terms of Use. If you do not agree to these Terms of Use, you may not access or use this Site.
By agreeing to these Terms of Use, you agree to the terms of our Privacy Policy and to our Site/Forum Rules, which is expressly incorporated herein. Before using this Site, please carefully review our Privacy Policy. All personal information provided to us as a result of your use of this Site will be handled in accordance with our Privacy Policy. To the extent there are inconsistencies between these Terms of Use and our Privacy Policy, these Terms of Use control.
By agreeing to these Terms of Use, you agree to abide by our Rules and Regulations. Before using this Site, please carefully review our Rules and Regulations.
When you use certain features of this Site, you may be asked to agree to special or additional terms governing your use of these features. In such cases, you may be asked to expressly consent to the special terms, for example, by checking a box or clicking on a button marked “I agree.” This type of agreement is known as a “click-through” agreement. If any of the terms of the click-through agreement are different than the terms of these Terms of Use, the terms of the click-through agreement will supplement or amend these Terms of Use, but only with respect to the matters governed by the “click-through agreement.”
The FAM name and FAM-branded seals, logos, and related marks are registered trademarks/design marks/service marks of FAM. All rights reserved.
Our Site and all of its contents (articles, text, photographs, images, illustrations, graphics, video material, audio material, and software collectively, the “intellectual property”), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The intellectual property is owned or controlled by FAM or the party credited as the provider of the intellectual property. Additionally, the Site itself is protected by copyright as a collective work and/or compilation.
No portion of this Site may be reproduced, duplicated, copied, sold, or otherwise exploited for any commercial purpose that is not expressly permitted by FAM.
You may browse through the Site and occasionally download small amounts of materials appearing on the Site that are of interest to you. You must keep intact all copyright, trademark and other notices contained in your personal copies. Except as otherwise provided in these Terms & Conditions, you may not reproduce or allow others to reproduce your personal copies of downloaded materials, nor may you make them available electronically without our express written consent. You may not save or archive a significant portion of the material appearing on the Site. You may not attempt to alter or modify the content posted on the Site. Except as expressly set forth in these Terms & Conditions, you may not copy, download, display, distribute, publish, enter into a database, perform, modify, create derivative works, transmit, post, decompile, reverse engineer, disassemble or in any way exploit any of our intellectual property or the Site itself.
You are responsible for User-Generated Content ("USG") that you post. Under no circumstances will we be liable in any way for any UGC.
This means that you, not Financial Advisor Mentor, are entirely responsible for all UGC that you post and that you can be held personally liable for comments that are defamatory, obscene, or libelous, or that violate these Terms of Use, an obligation of confidentiality, or the rights of others. If any part of the UGC you post is not your original work, it is your responsibility to obtain any necessary permission to post it.
Because we do not control the UGC posted on or through this Site, we cannot and do not warrant or guarantee the truthfulness, integrity, suitability, or quality of that UGC. You also agree and understand that by accessing this Site, you may encounter UGC that you may consider to be objectionable. We have no responsibility for any UGC, including without limitation any errors or omissions therein. We are not liable for any loss or damage of any kind you may claim was incurred as a result of the use of any UGC posted, emailed, transmitted or otherwise made available on or through this Site. The UGC posted on or through this Site expresses the personal opinions of the individuals who posted it and does not necessarily reflect the views of Financial Advisor Mentor or any person or entity associated with Financial Advisor Mentor.
You own Your User-Generated Content, but we may use it. You own the copyright in any original UGC you post. We do not claim any copyrights in UGC. However, by using this Site you are granting us and our subsidiaries, affiliates, successors and assigns, a nonexclusive, fully paid, worldwide, perpetual, irrevocable, royalty-free, transferable license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, distribute, publicly display and perform, publish, transmit, remove, retain repurpose, and commercialize UGC you post in any and all media or form of communication whether now existing or hereafter developed, without obtaining additional consent, without restriction, notification, or attribution, and without compensating you in any way, and to authorize others to do the same. For this reason, we ask that you not post any UGC that you do not wish to license to us, including any photographs, videos, confidential information, or product ideas.
Financial Advisor Mentor and its Partners reserve the right to display advertisements in connection with your UGC and to use your UGC for advertising and promotional purposes.
We may disclose and/or remove User-Generated Content. Financial Advisor Mentor has certain rights. We have the right (but do not assume the obligation) to:
You agree that our exercise of such discretion shall not render us the owners of UGC you post, and that you will retain ownership thereof as described above.
Restrictions on User-Generated Content. It is a condition of these Terms of Use that you do not:
1. Upload, post, transmit or otherwise make available
2. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; or;
3. violate any local, state, national or international law, rule or regulation
By posting User-Generated Content, you represent and warrant that (i) you own or otherwise control all of the rights to the UGC and have the right to grant the license set forth in these Terms of Use; (ii) the UGC is accurate, and (iii) you have read and understood—and your UGC fully complies with—these Terms of Use and applicable laws and will not cause injury to any person or entity.
In general. You can seek removal of objectionable UGC, and lodge complaints against particular users, by contacting us at https://www.financialadvisormentor.com/contact-us. We will endeavor to review such requests and to remove UGC and users that we determine should be removed, in our sole discretion and in accordance with these Terms of Use and applicable law. However, by providing a mechanism for the submission of complaints, we make no promises that we will review all such complaints or that we will take any action in response to such complaints. Please be aware, however, that if the UGC has already been distributed to other websites or published in other media, we will not be able to recapture and delete it. Also, a back-up or residual copy of the UGC we remove from this Site may remain on back-up servers.
Violation of copyrights. Financial Advisor Mentor does not knowingly violate or permit others to violate the copyrights of others. We will promptly remove or disable access to material that we know is infringing or if we become aware of circumstances from which infringing activity is apparent.
If you are requesting removal of content because of a violation of your copyrights, please note that the Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your own work, or the work of a third party for whom you are authorized to act, is featured on this Site or has been otherwise copied and made available on this Site in a manner that constitute copyright infringement, please notify us immediately. Your notice must be in writing and must include:
Your statement must be addressed to:
Copyright Agent Financial Advisor Mentor, PO Box 417, Lexington, MA 02420
or send to the contact us page (legal).
Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident
Although we do not claim ownership of User-Generated Content you post using this Site, the Feedback you provide to us through this Site will be and remain our exclusive property. Your submission of Feedback will constitute an assignment to us of all worldwide rights, title and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.
In consideration of your use of this Site, you agree that to the extent you provide personal information to Financial Advisor Mentor it will be true, accurate, current, and complete and that you will update all personal information as necessary. You also agree that you will use an image of yourself that you are authorized to use for your profile picture. The use of company logos, advertisements, web addresses, contact information, pictures of celebrities or the unauthorized use of images owned by others is prohibited. Company logos may only be used on company profiles in our Company Directory, and may only be posted by authorized representatives of the respective company.
To the extent you create an account through this Site, you understand and agree that any account you create, including your username and password, are personal to you and may not be used by anyone else. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password by you or by anyone else using your username and password, whether or not authorized by you. You agree to change your password immediately if you believe your password may have been compromised or used without authorization. You also agree to immediately inform us of any apparent breaches of security such as loss, theft or unauthorized disclosure or use of your username or password by contacting us using the information provided here: https://www.financialadvisormentor.com/contact-us. Until we are so notified you will remain liable for any unauthorized use of your account.
You agree to use this Site in accordance with any and all applicable rules and regulations. You agree not to upload or transmit through this Site any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. Any unauthorized modification, tampering or change of any information; any interference with the availability of or access to this Site; or any unauthorized scraping of the Content on this Site is strictly prohibited. We reserve all rights and remedies available to us, including but not limited to the right to terminate your access to this Site.
The educational content, resource guides, checklists, templates, calculators, spreadsheets, & analysis tools found on this Site (“Tools”) are designed to be used for informational and educational purposes only and do not constitute investment or financial advice. Financial Advisor Mentor recommends that you: (a) seek the advice of professional advisors, including accountants, before making any type of marketing decision (including, without limitation, the purchase of advertisements or services), and (b) independently verify any calculation or output obtained from a Tool. (c) seek the advice from a compliance officer to determine what can be claimed in your marketing efforts. Your use of Tools and Content found on the Site is at your own risk. The results from Tools and Content presented may not reflect the actual results of your own efforts. Financial Advisor Mentor is not responsible for the consequences of any decisions or actions taken in reliance upon or as a result of the information provided by these Tools. Furthermore, Financial Advisor Mentor is not responsible for any human or mechanical errors or omissions.
Additionally, Financial Advisor Mentor may offer opportunities to receive feedback or information directly or indirectly from Financial Advisor Mentor's personnel (“Feedback”). The Feedback is informational in nature and are not legal, financial, compliance, or tax advice, and Financial Advisor Mentor is not engaged in the provision of legal, tax, compliance, or any other advice. You should seek your own advice from professional advisors, including lawyers, accountants, and compliance officers regarding the legal, tax, and compliance implications of any marketing efforts you contemplate. Financial Advisor Mentor does not make, and hereby disclaims, any representations and warranties regarding the content of the Feedback, whether express or implied, including implied warranties of merchantability or fitness for a particular purpose. You use the advice and information provided in the Feedback at your own risk. Financial Advisor Mentor hereby disclaims any liability to you for any loss, damage, or cost arising from or related to the Feedback, including, without limitation, the accuracy, appropriateness, quality, or completeness of the information provided in the Feedback, regardless of the cause. Financial Advisor Mentor is not liable or responsible to you with respect to any lost profits, loss or damage, including, without limitation, incidental, indirect, or consequential damages caused, or alleged to have been caused, directly or indirectly, by the Feedback.
Financial Advisor Mentor members can elect to pay for an educational course that requires payment or to purchase a monthly, quarterly or annual subscription membership service offered by Financial Advisor Mentor, where they are charged a subscription fee for the use of certain services. Financial Advisor Mentor reserves the right to change the fees at any time, upon notice to you. By registering for a paid account level, or other subscription service, you agree to pay Financial Advisor Mentor the fees for the services applicable to the account level chosen. For any upgrade or downgrade in plan level, the credit card that you provided will automatically be charged the new rate immediately.
All fees are paid in advance and are non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, refunds for accounts that have had access to particular services restricted, refunds for accounts that have had upgrades canceled for any reason including violations of these Terms, or refunds for months unused. However, if a user upgrades and cancels within 24 hours without using the upgraded services offered to members with a paid subscription, we will offer a full refund minus any applicable cancellation fees. We reserve the right to deactivate your access to the services for your failure to pay applicable fees or for violations of these Terms. If you provide us with a credit card that expires during the term of these Terms of Service, we reserve the right to charge any renewal card issued to you as a replacement. You agree to promptly pay Financial Advisor Mentor in the event of any refusal of your credit card issuer to pay any amount to Financial Advisor Mentor for any reason. You agree to pay all costs of collection, including attorneys’ fees and costs, on any outstanding balance. In the event you fail to pay any amount when due, Financial Advisor Mentor may immediately suspend or terminate your access to any or all of our services.
If purchasing a physical product outside of the United States, please be aware that you will pay an increase in International Shipping Fees at checkout and will likely pay duties upon delivery at your door. If you have any issues with these upon-delivery payments, you must contact the shipping carrier directly, as Financial Advisor Mentor doesn't have any control over their processing and border-taxation.
Your monthly, quarterly or annual membership fees for a paid account level or paid subscription will renew automatically, unless you cancel your subscription (see Cancellation on how to cancel). You must cancel your subscription before the calendar day it renews (the day of the month you are to be charged) to avoid billing of the subscription fees for the renewal term to your credit card. Additionally, we may terminate your subscription for a violation of these Terms.
We may elect to offer free or discounted pricing for use of educational courses, content, paid account levels, or other subscription services (a "Trial"). If you do not cancel your subscription prior to the expiration of the Trial, then your credit card will be billed for the subscription fees. You agree to comply with any additional terms, restrictions or limitations we impose in connection with any Trial. You may not sign-up for multiple accounts in order to receive additional benefits under any Trial.
You may cancel your subscription(s) at any time by logging into your Financial Advisor Mentor account, going to your account preferences and clicking on the "Please cancel my Financial Advisor Mentor account" link. Other subscriptions may be cancelled via the settings on the pages associated with their features. If you cancel the services before the last day of your current paid up month, your cancellation will take effect immediately and you will not be charged again. If you have any issues, please contact us via the contact us page (member services).
This Site may:
(a) provide links to other websites operated by third parties, or
(b) allow you to interact with third party businesses. These third-parties may also be Financial Advisor Mentor members. Because we have no control over third-party websites or businesses, we are not responsible for the availability of those websites and do not endorse and are not responsible or liable for any services, products, content, advertising, services, products, or other materials on or available from such third parties, including their websites. Financial Advisor Mentor does not endorse any third-party business or website, and in no event shall Financial Advisor Mentor be responsible or liable for any products or services of such third parties. Financial Advisor Mentor 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 content, advertising, services, products, or other materials on or available from such third parties or their websites. These Terms of Use do not apply to your use of third-party websites; your use of such websites is subject to the terms and policies of the owner of such websites.
Financial Advisor Mentor has financial relationships with some of the companies, products, and services mentioned on our site, and may be compensated if users choose to follow the links pointing to those companies, products or services.
Financial Advisor Mentor communicates with our members via physical or electronic mediums (including email, physical mail, phone, fax, SMS or other). We also communicate with our members via a virtual community where members post communications to the community. Additionally, we communicate with other members via live calls or in person events. Is you are a member of the Financial Advisor Mentor community, you should expect these communications as part of the service. From time to time we also send out promotional communications to notify members.
Non-member may also receive communications if they have at one point in time expressed interest in a product, service, or content produced by Financial Advisor Mentor or an affiliated service provider. You should expect that by providing Financial Advisor Mentor with your email, phone number or physical address, we will send periodic promotional materials. If you wish to opt out of these promotional materials you may click unsubscribe on the email or you can notify us on the contact page.
We reserve the right at any time and from time-to-time to modify, edit, delete, suspend or discontinue, temporarily or permanently this Site (or any portion thereof) and/or the information, materials, products and/or services available through this Site (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Site.
You also agree that Financial Advisor Mentor, in its sole discretion, may terminate your password, account (or any part thereof), or use of this Site for any reason, including, without limitation, for lack of use or if Financial Advisor Mentor believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. You agree that any termination of your access to this Site under any provision of these Terms of Use may be effected without prior notice, and acknowledge and agree that Financial Advisor Mentor may immediately deactivate or delete your account and all related information in your account and/or bar any further access to this Site. Further, you agree that Financial Advisor Mentor shall not be liable to you or any third-party for any termination of your access to this Site.
These Terms of Use are current as of the effective date set forth above. Financial Advisor Mentor reserves the right to change these Terms of Use from time to time consistent with applicable laws. These changes will be effective as of the date we post the revised version on this Site. Your continued use of this Site after we have posted the revised Terms of Use constitutes your agreement to be bound by the revised Terms of Use. If at any time you choose not to accept these Terms of Use, you should not use this Site.
Financial Advisor Mentor does not guarantee the accuracy of information found on the Site. Your reliance on information found on the Site is at your own risk.
THE SITE, AND ALL ITS CONTENTS, IS PROVIDED TO YOU “AS IS.” FAM MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE,TITLE, NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES, DATA ACCURACY, OR QUIET ENJOYMENT. UNDER NO CIRCUMSTANCES WILL FAM OR ANY OTHERS INVOLVED IN CREATING THE SITE AND ITS CONTENTS BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES RESULTING FROM ANY CIRCUMSTANCE INVOLVING THE SITE OR ITS CONTENT (INCLUDING BUT NOT LIMITED TO DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION,DEFECT, FAILURE OF PERFORMANCE, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, UNAUTHORIZED USE OF THIS SITE, LOST DATA, DELAY IN OPERATION OR TRANSMISSION, BREACH OF SECURITY, LINE FAILURE, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THIS SITE, OR COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER HARMFUL COMPONENT), EVEN IF YOU HAVE ADVISED FAM IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGE. FAM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE MATERIALS ON THIS SITE IN TERMS OF THEIR TIMELINESS, CORRECTNESS,ACCURACY, RELIABILITY, OR OTHERWISE. WHILE WE MAKE REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION ABOUT FAM ON THIS SITE, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS UP TO DATE OR THAT THIS SITE CONTAINS ALL THE RELEVANT INFORMATION AVAILABLE ABOUT OUR COMPANY. WE UNDERTAKE NO OBLIGATION TO VERIFY OR MAINTAIN THE CURRENCY OF SUCH INFORMATION.
Applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. However, in no event shall FAM aggregate liability to you or any third party for damages, losses, and causes of action exceed the amount paid by you, if any, for accessing this Site or U.S.$100.00, whichever is lesser. You agree to bring any and all actions within one year from the date of the accrual of the cause of action, and that actions brought after this date will be barred.
In the event that you have a dispute with FAM about the Site, you release FAM (and our officers, directors, agents, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Your sole remedy for dissatisfaction or dispute with this Site is to stop using this Site.
Our failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by Financial Advisor Mentor of any breach of any provision of these Terms of Use or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.
No delay or failure by FAM to enforce any of these Terms and Conditions shall constitute a waiver of any of our rights under these Terms and Conditions. Neither the receipt of any funds by FAM nor the reliance of any person on our actions shall be deemed to constitute a waiver of any part of these Terms and Conditions. Only a specific, written waiver signed by an authorized representative of FAM shall have any legal effect.
If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Use will remain in full force and effect.
You agree to indemnify and hold Financial Advisor Mentor, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of this Site in violation of these Terms of Use and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth above and/or if any material that you post using this Site causes us to be liable to another. We reserve the right to defend any such claim, and you agree to provide us with such reasonable cooperation and information as we may request.
These Terms and Conditions and any disputes arising under or related to these Terms and Conditions and/or the Privacy Policy or to this Site will be governed by U.S. federal law and the laws of the Commonwealth of Massachusetts, without reference to its conflict of law principles. Any such dispute shall be resolved exclusively in the state or federal courts in Suffolk County, Massachusetts. You agree to submit to the personal jurisdiction and venue of the courts of the Commonwealth of Massachusetts for any legal proceeding involving the Site, regardless of who initiated the proceeding.
This English-language Terms and Conditions statement is Financial Advisor Mentor official agreement with users of this Site. In case of any inconsistency between this English-language Terms and Conditions statement and its translation into another language, this English-language document shall control.
These Terms of Use (together with our Privacy Policy and any Privacy Notices or click-through agreements applicable to you) contain the entire understanding and agreement between you and Financial Advisor Mentor with respect to this Site and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, between you and Financial Advisor Mentor with respect to this Site and your use of this Site.
If you have any questions regarding our Terms and Conditions statement, please contact us via the contact page, or writing to us at Financial Advisor Mentor, P.O. Box 417, Lexington, MA 02420.
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