Last Updated: October 30, 2015
PLEASE READ THESE TERMS AND CONDITIONS OF USE (“SITE TERMS”) CAREFULLY, AND NOTE FREERETIREMENTPLAN.CA AND ANY REFERENCES TO OUR “AFFILIATES” INCLUDE, OUR OWNERS, SUBSIDIARIES, AFFILIATED COMPANIES, OFFICERS, DIRECTORS, SUPPLIERS, DIGITAL ASSETS,  PARTNERS, SPONSORS, AND ADVERTISERS, AND INCLUDES (WITHOUT LIMITATION) ALL PARTIES INVOLVED IN CREATING, PRODUCING, AND/OR DELIVERING THIS FRP SITE AND/OR ITS CONTENTS. YOUR USE OF THE SITE IS CONDITIONED UPON YOUR ACCEPTANCE OF THESE SITE TERMS WITHOUT MODIFICATION. BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THESE SITE TERMS AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE SITE TERMS OR HAVE COMPLAINTS, DO NOT USE THIS WEB SITE.

1. User’s Acknowledgment and Acceptance of Terms

FreeRetirementPlan.ca (“Us” or “We”) provides the FreeRetirementPlan.ca site and affiliates (collectively, the “FRP site”) to you, the user, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms of Use”), as well as any other written agreement between us and you. In addition, when using particular services or materials on this FRP site, users shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use.

These Terms of Use are effective as of October 21, 2015. We expressly reserve the right to change these Terms of Use from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this FRP site and these Terms of Use from time to time and to familiarize yourself with any modifications. Your continued use of this FRP site after such modifications will constitute acknowledgement of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use.

We reserve the right to change or modify any of the Site Terms and the Site, at any time, after FRP reviews. If we decide to change our Site Terms, we will post a new version on the Site. Any changes or modifications will be effective immediately upon posting of the revisions on the Site, and you waive any right you may have to receive specific notice of such changes or modifications. Your use of the Site following the posting of changes or modifications to the Site Terms will constitute your acceptance of the revised Site Terms. Therefore, you should frequently review the Site Terms and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, you must immediately stop using the Site. However, FRP reviews any FRP complaints you may have from time to time.

2. Privacy and Consent

We believe strongly in providing you notice of how we collect and use your data, including personally identifying information, collected from the Site. We have adopted a Privacy Policy to which you should refer to fully understand how we collect and use personally identifying information. By filling out any forms on the Site, providing information to us or making any inquiry, you acknowledge that we have an established business relationship and you expressly consent to being contacted by us or our Partners, whether by phone, mobile phone, email, mail, texting or otherwise. You understand that the Partners may maintain the information you submitted to FRP whether you elect to use their services or not. In the event you no longer want to receive communications from a Partner,  you agree to notify the Partner directly. You also give FRP permission to send you periodic updates of current Products which may be of interest to you.

We reserve the sole right to either modify or discontinue the FRP site, including any of the FRP site’s features, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current services on this FRP site shall also be subject to these Terms of Use.

3. Description of Services

The FRP site is an online website  where you can research and learn about financially planning for your retirement and obtain a free retirement plan (“Retirement Plan”). You understand and agree that if you submit a request for a Retirement Plan, FRP will share the personal information that you provided to FRP, including but not limited to your full name, birth date, address, email address, telephone number, income, and net investable assets (“Self-Assessed Information”) with partners  in our partner network, including Financial Advisors and Broker/Dealer Channels (referred to individually as “Partner” and collectively as “Partners”) to process and fulfill your request. You authorize FRP as your agent to share with Partners on your behalf the Self-Assessed Information, either as reported by you or as corrected by FRP, for the purpose of matching your request with Partners, and only in connection with Retirement Plans. You acknowledge that FRP does not make financial advisory decisions in connection with the Service and that FRP is not a party to any agreement that you may make with the Partner, and that the Partner is solely responsible for its services to you. You further acknowledge that FRP is not acting as your agent or broker and is not recommending any particular advisory product or Partner to you. Any compensation FRP may receive is paid by the individual Partner for the products and services rendered by FRP to that particular Partner. FRP does not charge you a fee to use the FRP site. You understand that requirements for a particular advisory product are made by the individual Partners and that FRP does not endorse, warrant, or guarantee the products or services of any the Partner. You agree that FRP shall not be liable for any damages or costs of any type which arise out of or in connection with your use of the Partner’s service.

4. Use of Site; Limited License

You are granted a limited, non-sublicensable license to access and use the Site and all content, data, information and materials included in the Site (the “Site Materials”) solely for your personal use, subject to the terms and conditions set forth in these Site Terms. You may not use the Site or any Site Materials for commercial purposes. You agree that you will not modify, copy, distribute, resell, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, use on any other web site or service any of the Site Materials. You will not use the Site or any of the Site Materials other than for their intended purpose or in any way that is unlawful, or harms FreeRetirementPlan.ca and/or its susidiaries and/or its partners.

Without prejudice to the foregoing, you may not engage in the practices of “screen scraping,” “database scraping,” “data mining” or any other activity with the purpose of obtaining lists of users or other information from the Site or that uses web ”bots” or similar data gathering or extraction methods. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

Any use of the Site or the Site Materials other than as specifically authorized herein is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Site Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable by us at any time.

You agree that we may at any time, and at our sole discretion, terminate your membership, account, or other affiliation with our FRP site without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

5. Third Party Sites and Information

This FRP site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.

6. Intellectual Property Information

Copyright © October 30, 2015 FreeRetirementPlan.ca All Rights Reserved.

Portions of the Site are protected by FreeRetirementPlan.ca’s intellectual property rights and unless otherwise explicitly indicated in the Site, the Site Materials and the selection and arrangement thereof are the proprietary property of FreeRetirementPlan.ca and its Partners and are protected by Canadian. and international copyright laws.

The FreeRetirementPlan.ca name, and any FreeRetirementPlan.ca products and services slogans or logos referenced herein are either trademarks or registered trademarks of FreeRetirementPlan.ca in Canada and/or other countries. The names of actual third party companies and products mentioned in the Site may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.

If you are a copyright owner and believe your copyrighted material has been used on this Site in a manner that constitutes copyright infringement, please report the violation to our designated copyright agent by sending written notice to FreeRetirementPlan.ca., Attention FRP Complaints / General Counsel, 361 Front Street West, Toronto, Ontario M5V 3R5. Please include the following information: (1) a detailed description of the allegedly infringed copyrighted material, (2) a description of the location of such material on the Site, (3) your contact information, including address, telephone number, and email address (if any), (4) your statement that you have a good faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent or the law, (5) your statement, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner’s behalf, and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert copyright infringement and to submit the statement.

All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of FreeRetirementPlan.ca or its Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of FreeRetirementPlan.ca or its Affiliates.

7. Disclaimer of Warranties

ALL MATERIALS AND SERVICES ON THIS FRP SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE FRP SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

THIS FRP SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS FRP SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS FRP SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS FRP SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

Through your use of the FRP site, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandize and services and you.

WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS FRP SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS FRP SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.

Content available through this FRP site often represents the opinions and judgments of an information provider, site user, or other person or entity not connected with us. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized FreeRetirementPlan.ca spokesperson speaking in his/her official capacity. Please refer to the specific editorial policies posted on various sections of this FRP site for further information, which policies are incorporated by reference into these Terms of Use.

You understand and agree that temporary interruptions of the services available through this FRP site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this FRP site, and therefore, delays and disruption of other network transmissions are completely beyond our control.

You understand and agree that the services available on this FRP site are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

SOME PROVINCES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

8. Limitation of Liability

IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS FRP SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS FRP SITE.

FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS FRP SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS FRP SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

9. Indemnification

Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this FRP site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

10. International Use

Although this FRP site may be accessible worldwide, we make no representation that materials on this FRP site are appropriate or available for use in locations outside Canada, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this FRP site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this FRP site is void where prohibited.

11. Termination of Use

You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the FRP site with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.

Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this FRP site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this FRP site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

12. Governing Law

This FRP site (excluding any linked sites) is controlled by us from our offices within Ontario, Canada. It can be accessed from all provinces and territories, as well as from other countries around the world. As each of these places has laws that may differ from those of Ontario, by accessing this FRP site both of us agree that the statutes and laws of the Province of Ontario, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this FRP site and the purchase of products and services available through this FRP site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue any court of competent jurisdiction within the Province of Ontario and/or Supreme Court of Canada with respect to such matters.

14. Notices

Notices to us must be sent to the attention of Customer Service at FreeRetirementPlan.ca 361 Front Street West, Toronto, Ontario M5V 3R5. Notices to you may be sent to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the FRP site to inform you of changes to the FRP site or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.

15. Entire Agreement

These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter of this agreement and supersedes all prior agreements and understandings of the parties with respect to that subject matter. These Terms of Use may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this FRP site is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.

16. Miscellaneous

In any action to enforce these Terms of Use, the prevailing party will be entitled to costs and attorneys’ fees. Any cause of action brought by you against us or our Affiliates must be instituted with one year after the cause of action arises or be deemed forever waived and barred.

You may not assign your rights and obligations under these Terms of Use to any party, and any purported attempt to do so will be null and void. We may free assign our rights and obligations under these Terms of Use.

You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this FRP site, or use of or access to this FRP site.

In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our FRP site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.

17. Contact Information

Except as explicitly noted on this FRP site, the services available through this FRP site are offered by FreeRetirementPlan.ca located at 361 Front Street West, Toronto, Ontario M5V 3R5

PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.