DIY Terms

DIY Retirement Plan Terms of Use

Last Updated 1.19.22

These terms of use and our Privacy Policy, which is incorporated herein by reference (collectively, “Terms of Use”), govern the relationship between you and Streamline Financial LLC, an Illinois limited liability company dba DIY Retirement Plan, and its parents, subsidiaries, and affiliates (collectively, “DIY” or “we” or “us”) relating in any way to your use of any online, mobile, or downloadable product or service to which you have access, any product or service that requires an internet connection or DIY account to access, install, use, or play, any DIY account you use to access online or mobile products or services, and any DIY website, including but not limited to https://www.davezoller.com/, and any service accessible from an DIY webpage (collectively, the “DIY Services” and individually a “DIY Service”) offered by DIY. Each DIY Service may have its own specific Terms of Use and Privacy Policy, and if you download, access, or use an DIY Service, you agree to also be bound by its specific Terms of Use and Privacy Policy.

 

SECTION 13 OF THESE TERMS OF USE CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, WHICH AFFECT YOUR LEGAL RIGHTS. PLEASE READ IT CAREFULLY.

1. YOUR ACCEPTANCE OF THESE TERMS OF USE

These Terms of Use form a legal agreement between you and DIY. When you use an DIY Service, you agree to be bound by all of the terms, conditions, and restrictions in these Terms of Use. Please read them carefully.

You acknowledge that you may access and/or download some DIY Services for free, and while there may be additional content or services available for purchase within some DIY Services (“DIY Purchases”), such DIY Purchases are entirely voluntary and not required to participate in or advance within DIY Services. You also acknowledge that you may not access and/or download other DIY Services without executing a separate agreement with DIY which may require you to pay for content or services (“Service Charges”).

2. LIMITED LICENSE, LOGIN INFORMATION, AND YOUR ACCOUNT AND ELIGIBILITY.

Limited License Grant

Subject to your agreement and continuing compliance with these Terms of Use and DIY’s policies, DIY grants you a non-exclusive, non-transferable, non-sublicensable, revocable limited license subject to the limitations below to access and use DIY Services. Unless otherwise specified, DIY Services are for your personal and non-commercial use. Unless otherwise specified, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from DIY Services.

Login Information and Your DIY Account

You may create an account with us (“DIY Account”) by providing a username and/or email address and a password (“Login Information”). With some DIY Services, we may also allow you to create an account through third party social networks or services (such as Facebook) with whom you maintain an account (a “Third Party Service”).

You shall not share your DIY Account or your Login Information, nor let anyone else access your account or do anything else that might jeopardize the security of your account. You are solely responsible for maintaining the confidentiality of your Login Information, and you will be solely responsible for all uses of your Login Information, including any purchases, DIY Purchases, Service Charges, or other changes to your DIY Account and/or DIY Account status, whether or not authorized by you. DIY will not be responsible for anything that happens through or to your DIY Account and/or DIY Account status as a result of you allowing any third party to access your Login Information and/or DIY Account.

DIY reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party’s rights.

 

Eligibility

There are limitations on who may download and access DIY Services. You may not download or access DIY Services if you are under 13 years of age. If we learn that a user under 13 years of age is accessing an DIY Service despite this restriction, we will immediately delete their account and all personal information we have related to their account.

You also may not use DIY Services if: (i) you cannot enter into a binding contract with us and your legal guardian has not agreed to these Terms of Use on your behalf; (ii) you are a convicted sex offender; or (iii) we have previously banned you from using an DIY Service.

If you are between the ages of 13 and 17, or under the age of majority where you live, you may not use DIY Services unless your parent or legal guardian has reviewed and agreed to these Terms of Use and the specific Terms of Use for that DIY Service.

3. MODIFICATION OF TERMS OF USE

We reserve the right to modify these Terms of Use from time to time by posting updated versions in DIY Services or otherwise notifying you of changes through DIY Services. Unless we state otherwise, changes are effective when we post or notify you of them. By continuing to use an DIY Service after the posting of changes to these Terms of Use, you agree to the changes and the updated Terms of Use.

4. NO TRANSFER OF ACCOUNTS

Unless otherwise specified, your DIY Account is for your personal, non-commercial use only. You specifically agree not to: (1) share your account credentials with anyone else, (2) sell, offer to sell, rent, lease, trade or otherwise transfer your account, (3) sell, offer to sell, rent, lease, trade or otherwise transfer any content, (4) buy, offer to buy, accept, access or use any other user’s account, and (5) link to or otherwise endorse or identify any websites, organizations, or persons that sell, offer to sell, rent, lease, buy, offer to buy, accept, access, trade or otherwise transfer accounts.

You acknowledge that any purported transfers of DIY Service Accounts or In-Service Content in violation of this Section, including but not limited to transfers in exchange for money or other compensation, are void and breach these Terms of Use, and that we have no responsibility to assist you in connection with completing any such transaction. We may terminate or suspend your DIY Account and/or your right to access or use DIY Services if we discover or reasonably believe that you have attempted to buy, sell, rent, lease, license, or transfer your DIY Account or associated In-Service Content, or used or accessed an account or In-Services Content transferred by another user, or linked to or otherwise endorsed or identified any websites, organizations, or persons that attempt to buy, sell, rent, lease, license, or transfer accounts or In-Service Content in violation of this Section.

5. INTELLECTUAL PROPERTY RIGHTS IN THE SERVICES

Except for the limited license granted herein, we and our licensors retain all right, title and interest in and to DIY Services, including all content made available through DIY Services and the technology and software used to provide DIY Services. DIY Services are protected by copyright, trademark and other laws. If you violate these Terms of Use, you may be breaking the law, including by violating our intellectual property rights. We and our licensors may actively protect our intellectual property rights in the event you violate these Terms of Use. In addition, you agree not to modify, create derivative works of, decompile, or otherwise attempt to extract source code from us.

We have the right to use clips or screen shots from your use of the Services however we like, including, but not limited to, on our social media channels, marketing, and advertising.

If you provide us with any suggestions for enhancement or feedback regarding DIY Services or any of our other products or services, you agree that we will have a perpetual, transferable, sub-licensable, royalty-free, irrevocable, worldwide license to use such suggestions and feedback, including by incorporating your suggestions or feedback in DIY Services, without any obligation to compensate you.

6. CODE OF CONDUCT

You agree to comply with the following requirements (our "Code of Conduct") when you access DIY Services:

  • You will comply with your obligations to third party mobile platform providers, such as Apple and Google, from whom you download an DIY Service, including any terms regarding payment for DIY Purchases and Service Charges made through such platforms.
  • You will not attempt to obtain login information or access another user’s account or collect or harvest personal information from other users.
  • You will not exploit, distribute or publicly inform other users of any DIY Service error, miscue or bug which provides for an unintended advantage or allows impersonation of another person, including by use of automated collection mechanisms such as clear graphics interchange formats ("gifs"), cookies, or similar technology.
  • You will not exploit differences in pricing for DIY Purchases or In-Service Content (e.g., through arbitrage) by sending altered, deceptive, or false source-identifying information, including but not limited to, by use of a proxy or spoofed IP addresses or VPNs, or by requesting that someone else make DIY Purchases or purchase In-Service Content on your behalf in order to take advantage of a difference in pricing.
  • You will not harass, threaten or bully any other users, nor post or submit any abusive, threatening, bullying, harassing, obscene, defamatory, offensive, pornographic or illegal content, or content that infringes or violates the rights of someone else, or impersonate any other person.
  • You will not use DIY Services for any unauthorized commercial purpose, including but not limited to commercial advertisement or solicitation (such as chain letters, junk e-mail, “spam,” or other repetitive messages), or gathering or transferring In-Service Content for sale.
  • You will not use DIY Services for performing services for payment, such as leveling up or item collection services.
  • You will not use or design cheats, exploits, automation software, bots, hacks, mods or any unauthorized software designed to modify or interfere with an DIY Service experience.
  • You will not remove or obscure any proprietary notices within DIY Services.
  • You will not disrupt or attempt to disrupt DIY Services or any other person’s use or enjoyment of DIY Services.
  • You will not attempt to gain unauthorized access to DIY Services, to accounts registered to others, or to networks from which portions of DIY Services are provided, including by circumventing or bypassing robot exclusion headers or security mechanisms for DIY Services.
  • You will not use any service or software that accesses, intercepts, "mines," or otherwise collects information from DIY Services or that is in transit from or to DIY Services.
  • You will not make any automated use of DIY Services, or take any action that imposes an unreasonable burden on our infrastructure.
  • You will not use any software, technology, or device to send content or messages, scrape, spider, or crawl DIY Services, or harvest or manipulate data from DIY Services.
  • You will not improperly use our support services, including by submitting false reports.
  • Except where permitted by law or relevant open source licenses, you will not modify, reverse engineer, decompile, disassemble, decipher or otherwise try to derive the source code for DIY Services.
  • You will not copy, modify or distribute content from DIY Services except as specifically authorized by us.
  • You will not advocate, promote, encourage, or otherwise facilitate any illegal behavior, including but not limited to the use of illegal drugs, unlawful gambling or theft.

Failure to comply with this Code of Conduct may result in the suspension of your DIY Account, or any portion of your DIY Account, and/or subject you to any of the penalties identified in Section 10 herein.

7. YOUR INTERACTIONS WITH OTHER USERS

You are solely responsible for your interactions with other users with whom you interact through DIY Services you access. DIY reserves the right, but has no obligation, to become involved in any way with any disputes concerning DIY Services. You will fully cooperate with us to investigate any suspected unlawful, fraudulent or improper activity, including without limitation granting DIY access to any portion of your account.

If you have a dispute with one or more users, or any other interaction you believe may give rise to any claim, you release DIY (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

If you live in California, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor."

If you live outside of California, you waive any other statute, law, or rule of similar effect in your jurisdiction.

8. USER CONTENT

DIY Services may include features by which users can submit or upload content to DIY Services, including without limitation chat and messaging utilities and the ability to select profile names and names for certain In-Service Content (collectively, “User Content”). If you create an DIY Services account via a Third Party Service or otherwise “link” content associated with your Third Party Service account to your account for DIY Services, your User Content includes any information or content provided to us by that Third Party Service. You represent that you have all rights and permissions necessary to submit User Content to us (including, with respect to photographs, written consent from each identifiable person therein), that your User Content is accurate, and that your User Content is not subject to any confidentiality obligations or in violation of the Code of Conduct. In addition, you represent and warrant that any User Content submitted by you does not violate or infringe upon any copyright, right of privacy, trademark, patent, trade-name, performing right or any literary, dramatic, musical, athletic, personal, private, civil, contract, or property right or any other right of any person, firm, or corporation, or contain any libelous or slanderous material.

You retain all right, title and interest to your User Content, except that you grant us a perpetual, non-exclusive, transferable, sub-licensable, royalty-free, irrevocable, worldwide license to use your User Content and any modifications thereto in connection with DIY Services without compensation to you. To the extent permitted by applicable law, you waive any moral rights you may have in your User Content (such as the right to be identified as the author).

We do not endorse any User Content supplied by other users; each user is responsible for his or her User Content, and we expressly disclaim any warranty with respect to User Content. We have no obligation to monitor User Content, and we are not responsible for monitoring DIY Services for inappropriate or illegal communications by other users. However, we reserve the right to block, remove or edit User Content. We may, in our discretion, choose to monitor or record your interaction with DIY Services you access or with other users when you are using DIY Services. You acknowledge and agree that you have no expectation of privacy in any User Content.

9. INFORMATION COLLECTION AND USE; PRIVACY POLICY

In addition to User Content, DIY collects (i) information, content or other material that you provide to us or is otherwise transmitted in or through DIY Services you access or which is generated, acquired or developed when you download, install, and/or use DIY Services or anytime you are in contact with us and (ii) information you receive or which is transmitted to or otherwise made available to you from other users of DIY Services or third parties in DIY Services (collectively, “Service Information”). We use the Service Information in many ways, including but not limited to, to help us provide and support DIY Services and our services. For example, we may use the Service Information to deliver and target advertising and generate information about the reach and effectiveness of advertising through various measurements and analytics (without providing personally identifiable information about you).

Our Privacy Policy sets out detailed information regarding our collection, use and sharing of information from and about you. When you download or access an DIY Service, you acknowledge and accept that our general and that DIY Service’s specific Privacy Policy applies to you. You should carefully review such Privacy Policies and, if you do not agree with them, you should not use DIY Services.

10. TERMINATION AND SUSPENSION

You may terminate your DIY Account at any time, for any reason or no reason, by issuing an in-Service message or by sending an email to [email protected] with the subject entitled “Termination.”

We reserve the right to suspend or discontinue DIY Services or any part of them at any time, including any features, elements and In-Service Content and revoke any and all licenses provided to you under these Terms of Use. If that happens, we are not required to provide refunds, benefits or other compensation to you for discontinued elements of DIY Services or for any In-Service Content previously earned or purchased, and you will have no further right to access your account or use DIY Services. WE MAY, IN OUR SOLE DISCRETION, LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO DIY SERVICES OR ANY PORTION OF THEM, AND PROHIBIT ACCESS TO DIY SERVICES AND THE CONTENT, SERVICES AND TOOLS AVAILABLE THROUGH DIY SERVICES, OR DELAY OR REMOVE USER CONTENT, AND WE ARE UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY LOSSES OR RESULTS.

Upon termination of your account for any reason, you agree to no longer access (or attempt to access) DIY Services.

11. DISCLAIMER; LIMITATION OF LIABILITY

DIY SERVICES ARE PROVIDED "AS IS," AND USE OF DIY SERVICES IS AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT DIY SERVICES OR ANY CONTENT OR SERVICES MADE AVAILABLE THROUGH DIY SERVICES, AND WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AVAILABILITY. DIY DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE DIY SERVICES AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT DIY SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT DIY SERVICES OR OUR SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

ALL CONTENT FOUND IN THE DIY SERVICES IS FOR EDUCATIONAL PURPOSES ONLY. DIY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE ACCURACY OF ANY CONTENT FOUND IN THE DIY SERVICES, OR ABOUT THE OUTCOME OF ANY INVESTMENT DECISION. DIY IS NOT A REGISTERED INVESTMENT ADVISORY FIRM, A LAW FIRM, OR A TAX ADVISORY SERVICE. NEITHER DIY NOR ROGER WHITNEY PROVIDE ANY FINANCIAL PLANNING, TAX, LEGAL, OR INVESTMENT ADVICE THROUGH THE DIY SERVICES. USE OF ANY INFORMATION OR CONTENT FOUND IN THE DIY SERVICES IS AT THE USER’S OWN RISK. USERS ARE STRONGLY ADVISED TO CONSULT QUALIFIED PROFESSIONALS REGARDING ANY FINANCIAL PLANNING, TAX, LEGAL, OR INVESTMENT DECISIONS. DIY HAS NO LEGAL RELATIONSHIP WITH AGILE RETIREMENT MANAGEMENT AND IS NOT A SUBSIDIARY OR AFFILIATE THEREOF.

YOU ACKNOWLEDGE THAT, EXCEPT IN THE CASE OF WILLFUL ACTS OR GROSS NEGLIGENCE, WE WILL NOT BE LIABLE TO YOU FOR: (1) ANY INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, REGARDLESS OF THE CAUSE OF ACTION AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (2) AN AMOUNT IN EXCESS OF $100 OR THE AMOUNTS YOU HAVE PAID US FOR DIY SERVICES DURING THE 6 MONTH PERIOD PRECEDING THE EVENT FIRST GIVING RISE TO LIABILITY, WHICHEVER IS GREATER; OR (3) THE CONDUCT OF THIRD PARTIES, INCLUDING THIRD PARTY SITES OR PLATFORM PROVIDERS OR OTHER USERS OF DIY SERVICES.

Certain state and national laws do not allow some of the exclusion of liability or the warranty disclaimers set forth above. Therefore, the above limitations and disclaimers may not apply to you, and you may have additional rights.

12. INDEMNITY

If you misuse DIY Services, violate the law, or violate these Terms of Use, and your violation results in loss or damage or a claim or liability against us, you agree to indemnify, defend and hold us harmless from (which means you agree to compensate us for) that loss, damage, claim or liability, including our legal fees and expenses. We may take exclusive charge of the defense of any legal action for which you are required to indemnify us under this Section, at your expense. You agree to cooperate in our defense of these actions. We will use reasonable efforts to notify you of any claim for which you are obligated to indemnify us. This Section will apply even if you stop using DIY Services or your DIY Account is deleted.

13. AGREEMENT TO ARBITRATE; CLASS ACTION WAIVER

 

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND INCLUDES WAIVER OF A TRIAL BY JURY IN A COURT AND OF THE ABILITY TO BRING ANY CLAIM ON BEHALF OF OTHERS.

Overview

This Section 13 (i.e., the “Agreement to Arbitrate”) applies to the maximum extent permitted by applicable law. If the laws of your jurisdiction prohibit the application of provisions of this Section 13 notwithstanding Section 14 below, those prohibited provisions will not apply to you. IF YOU LIVE IN THE EUROPEAN UNION, NONE OF THIS SECTION 13 APPLIES TO YOU.

In the event of any controversy or claim arising out of or relating to these Terms, including any question regarding its existence, validity, termination or breach thereof, the parties hereto shall consult and negotiate with each other and, recognizing their mutual interests, attempt to reach a satisfactory solution. Most user concerns can be resolved by contacting our customer support team at [email protected] In the unlikely event that we are unable to resolve your concerns and a dispute remains, this Section explains how you and we agree to resolve it. As explained in more detail below, we each agree to resolve any dispute between us through binding arbitration or small claims court instead of in courts of general jurisdiction.

Agreement to Arbitrate; Exceptions

If we cannot resolve our dispute through customer support, YOU AND WE AGREE TO RESOLVE ALL DISPUTES AND CLAIMS BETWEEN US IN INDIVIDUAL BINDING ARBITRATION, INCLUDING CLAIMS CONCERNING ANY ASPECT OF THE RELATIONSHIP BETWEEN US, YOUR DECISION TO DOWNLOAD OR ACCESS AN DIY SERVICE, YOUR USE OF AN DIY SERVICE, ANY USER CONTENT, OR YOUR ACCOUNT. This Agreement to Arbitrate is intended to be interpreted broadly, and applies to all legal claims under any legal theory (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory), and applies to any disputes or claims that you assert or that arise even after you stop using or delete your DIY Account for an DIY Service, stop using an DIY Service, or delete an DIY Service application from your mobile or other device. This Agreement to Arbitrate also applies to any claims that are currently the subject of a purported class action litigation in which you are not a member of a certified class. You and we agree that the arbitrator shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of the terms or formation of this contract, including whether any dispute between us is subject to this Agreement to Arbitrate (i.e., the arbitrator will decide the arbitrability of any dispute) and whether all or any part of these terms are void or voidable.

An arbitration is a proceeding before a neutral arbitrator, instead of before a judge or jury. Arbitration is less formal than a lawsuit in court, and provides more limited discovery. It follows different rules than court proceedings, and is subject to very limited review by courts. The arbitrator will issue a written decision and provide a statement of reasons if requested by either party. YOU UNDERSTAND THAT YOU AND WE ARE GIVING UP THE RIGHT TO SUE IN COURT AND THE RIGHT TO HAVE A TRIAL BEFORE A JUDGE OR JURY.

This Section 13, however, does not apply to the following types of claims or disputes, which you or we may bring in court in accordance with Section 14 below:

(1) claims of infringement or other misuse of intellectual property rights, including such claims seeking injunctive relief; and

(2) claims for preliminary injunctive relief for violations of sections 4 and 6 herein.

This Section does not prevent you from bringing your dispute to the attention of any federal, state, or local government agencies that can, if the law allows, seek relief from us for you. Also, any of us can bring a claim in small claims court either in DuPage County, Illinois or the county where you live, or some other place we both agree on, if such claims meets all the requirements to be brought in that court.

The Federal Arbitration Act applies to this Section 13. The arbitration will be governed by the Consumer Arbitration Rules (the “Rules”) of the American Arbitration Association (“AAA”) (including Rule 1(g) of those Rules that provides for arbitration through the submission of documents only/desk arbitration where no disclosed claims or counterclaims exceed $25,000), as modified by these Terms of Use, The Rules are available at www.adr.org. The arbitrator will be bound by these Terms of Use.

To start an arbitration proceeding, use the form on AAA’s website (www.adr.org) or call the AAA at 1-800-778-7879.

Any arbitration under this section that is required to take place in person will take place pursuant to the Rules, which provide that face-to-face proceedings be conducted at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances.

If your claim is for US$25,000 or less, we agree to reimburse your filing fee promptly upon being notified of the filing, or pay it for you if you are unable to pay it and we receive a written request from you. Also, if your claim is for US$25,000 or less, we agree to reimburse your share of the arbitration costs, including your share of arbitrator compensation, at the conclusion of the proceeding, unless the arbitrator determines your claims are frivolous or your costs are unreasonable as determined by the arbitrator. If you seek more than US$25,000, the arbitration costs, including arbitrator compensation, will be split between you and us according to the Rules. Irrespective of the amount you seek, neither party shall be entitled to have their attorneys’ fees or costs paid by the other party, provided, however, that either party may seek to recover their attorneys’ fees and costs in arbitration if the arbitrator determines that the other party's claims (or counterclaims) are frivolous or the other party's costs are unreasonable.

For EU Users

In the event of any controversy or claim arising out of or relating to these Terms, including any question regarding its existence, validity, termination or breach thereof, the parties hereto shall consult and negotiate with each other and, recognizing their mutual interests, attempt to reach a satisfactory solution. If they do not reach settlement within a period of 60 days, then, upon notice by any party to the other(s), any unresolved controversy or claim shall be settled by arbitration administered by the International Centre for Dispute Resolution (“ICDR”) in accordance with the provisions of its International Arbitration Rules. The place of arbitration shall be in London, England. The number of arbitrators shall be one. The language to be used in the arbitral proceedings shall be English. Except as may be required by law, neither a party nor its representatives may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of DIY.

Class Action Waiver

For disputes arising between DIY and you, or any other user, that are subject to this Agreement to Arbitrate, you and we agree that we can only bring a claim against each other on an individual basis. NEITHER YOU NOR WE CAN BRING A CLAIM AS A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION, CONSOLIDATED ACTION, OR REPRESENTATIVE ACTION. THE ARBITRATOR CANNOT COMBINE MORE THAN ONE PERSON’S CLAIM INTO A SINGLE CASE, AND CANNOT PRESIDE OVER ANY CONSOLIDATED, CLASS, OR REPRESENTATIVE ARBITRATION PROCEEDING, UNLESS WE BOTH AGREE OTHERWISE IN WRITING. THE ARBITRATOR’S DECISION OR AWARD IN ONE PERSON’S CASE CAN ONLY AFFECT THE PERSON WHO BROUGHT THE CLAIM, NOT OTHER USERS OF DIY SERVICES, AND CANNOT BE USED TO DECIDE DISPUTES WITH OTHERS.

If a court decides that this “Class Action Waiver” subsection is not enforceable or is invalid, then Section 13 shall cease to have effect, however, the remaining portions of the Terms and Conditions will remain in full force and effect.

Service of Process

To initiate arbitration or any legal proceeding against DIY, you must serve initiating documents on DIY’s registered agent for service of process at: [email protected]

Changes to this Section 13

Notwithstanding any provision in these Terms to the contrary, we agree that if we make any future change to this Section 13, you may reject any such change by sending us written notice within 30 days of the change to: [email protected]

14. APPLICABLE LAW.

For Users other than EU Users

You agree that these Terms of Use shall be deemed to have been made and executed in the State of Illinois, U.S.A. and that any dispute arising under the Terms of Use, as well as any other dispute or claim that may arise between you and us, shall be governed by and resolved in accordance with the laws of the State of Illinois, without regard to conflict of law provisions or principals.

For claims not required to be arbitrated under Section 13, or in the event the arbitration provision in Section 13 is deemed unenforceable or voided, you agree that any claim asserted in any legal proceeding by you against us shall be commenced and maintained exclusively in any state or federal court located in DuPage County, Illinois having subject matter jurisdiction with respect to the dispute between the parties and you hereby consent to the exclusive jurisdiction of such courts. In any dispute arising between us, the prevailing party will be entitled to attorneys’ fees and expenses.

 

For EU Users

You agree that these Terms of Use shall be governed by the laws of England, excluding the law of conflicts and the Convention on Contracts for the International Sale of Goods (CISG). However, where the laws of England provide a lower degree of consumer protection than the laws of your country of residence, the consumer protection laws of your country shall prevail. In any dispute arising between us, the prevailing party will be entitled to attorneys’ fees and expenses.

15. THIRD PARTY PROMOTIONS AND LINKS

DIY Services may contain advertisements and other promotional content from third parties, including links to third party websites or vendors (collectively "Third Party Promotions "), some of which may invite you to participate in promotional offers in return for receiving optional services and/or In-Service Content. Some of these Third Party Promotions may charge separate fees, which are not included in any fees that you may pay to us. DIY may receive revenue or other compensation should you purchase goods or services from a third party from a link in the DIY Services. Any separate charges or obligations you incur in your dealings with such third parties are your responsibility. We make no representation or warranty regarding any content, goods and/or services contained in such Third Party Promotions and will not be liable for any claim relating thereto. We exercise no control over Third Party Promotions, and DIY has no responsibility for their content, goods, services, performance, operation, availability, business practices or policies. We are providing these Third Party Promotions to you only as a convenience, and we do not imply any endorsement or recommendation of their content, goods, or services. If you decide to access any of these Third Party Promotions, you do so entirely at your own risk. Third Party Promotions including third party websites are subject to their own terms and policies, including privacy and data gathering practices.

16. OWNERSHIP; TRADEMARKS AND COPYRIGHTS

All rights, title and interest in and to DIY Services (including without limitation any titles, content, computer code, themes, objects, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operations, moral rights, documentation, in-Service chat transcripts, and recordings) are owned by DIY. DIY reserves all rights, including without limitation all intellectual property rights or other proprietary rights in connection with DIY Services.

The trademark “DIY Retirement Plan,” and any logos associated with such, are trademarks of DIY and its subsidiaries and affiliates, and all trademarks, logos and service marks (collectively, "Marks") displayed on or in DIY Services are either our property or the property of third parties. Similarly, all artwork and other protectable expression in DIY Services are either our property or the property of third parties and protected by copyright law. Marks, artwork, images, music, and any other protectable expression may not be copied, imitated or used without written permission from the owner.

  1. DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA“) NOTICE

DIY responds to allegations of copyright violations in accordance with the Digital Millennium Copyright Act (“DMCA”). The DMCA provides a process for a copyright owner to give notification to an online service provider concerning alleged copyright infringement. When DIY receives a valid DMCA notification, it may expeditiously take down the offending content. On taking down content under the DMCA, we will take reasonable steps to contact the owner of the removed content, including by forwarding them a copy of the Notice and the name and email address of the person submitting the Notice, so that a Counter Notice may be filed. On receiving a valid Counter Notice, we generally restore the content in question, unless we receive notice from the notification provider that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity.

Please note: The DMCA provides that you may be liable for damages (including costs and attorneys’ fees) if you falsely claim that content is infringing your copyright. We recommend contacting an attorney if you are unsure whether your content is protected by copyright law or whether content is infringing on your copyright.

To Submit a Notice:

If you believe that In-Service content infringes on your copyright, you must submit a written notification to DIY either by email or written letter (regular mail or courier). The Notice must include the following:

  • An identification of the copyright you claim has been infringed (i.e., your copyrighted material);
  • A description of the nature and exact location of the content you claim infringes your copyright;
  • Your name, address, telephone number, and email address;
  • Statements by you that: (a) you have a good faith belief that the use of the copyrighted materials described above and contained on the service is not authorized by the copyright owner, its agent, or by protection of law; and that (b) you swear, under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
  • A physical signature of the copyright owner or a person authorized to act on their behalf. To satisfy the signature requirement, please designate electronic signatures by typing a forward slash before and after your name (e.g., /Jane Doe/).

Send the written Notice to the designated Copyright Agent at DIY by emailing us at [email protected] or by sending the Notice to:

DIY Retirement Plan

Attn: Designated Copyright Agent

27575 Ferry Rd Suite D

Warrenville IL 60555

To Submit a Counter Notice:

Under the DMCA, a Counter Notice is a legal means to state your objection to a DMCA Notice. If you have received a DMCA Notice from DIY, or have been otherwise advised by DIY that your account was the subject of a DMCA Notice, and you dispute that your material is infringing or believe that the material removed or disabled was as a result of a mistake or misidentification of the material to be removed or disabled, you may submit a Counter Notice.

  1. MISCELLANEOUS

Except as otherwise expressly set forth in these Terms of Use, in the event that any provision of these Terms of Use shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extent permissible and the remaining portions of these Terms of Use shall remain in full force and effect. These Terms of Use constitute and contain the entire agreement between you and us with respect to the subject matter hereof and supersedes any prior oral or written agreements. You agree that these Terms of Use are not intended to confer and do not confer any rights or remedies upon any person other than the parties to these Terms of Use.

If we provide a translated version of these Terms of Use or any other terms or policy incorporated or referenced in these Terms of Use, it is for informational purposes only. If the translated version means something different than the English version, then the English meaning will be the one that applies.

If we do not enforce a provision of these Terms of Use, that does not waive our right to do so later. And, if we do expressly waive a provision of these Terms of Use, that does not mean it is waived for all time in the future. Any waiver must be in writing and signed by both you and us to be legally binding.

DIY is subject to existing laws and legal process, and we may comply with law enforcement or regulatory requests or requirements notwithstanding any term to the contrary in these Terms of Use.

We may notify you via postings on our website or via e-mail or via any other contact information you provide to us. Except as otherwise expressly provided herein, all notices given by you or required from you under these Terms of Use or the DIY Privacy Policy shall be in writing and addressed to: Streamline Financial LLC. Attn: Legal. Any notices that you provide that do not comply with these requirements shall have no legal effect.

DIY shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of DIY, including without limitation any failure to perform hereunder due to unforeseen circumstances or causes beyond DIY’s control, such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

For Australia and New Zealand Users Only:

Upon termination of your account, DIY will take all reasonable steps to destroy or de-identify your personal information. You acknowledge that some information about you may be retained where required by law or for data back-up purposes.

For European Union Users Only:

If you reside in the European Union, you acknowledge that you will no longer have the right to cancel under the EU's Consumer Rights Directive (or implementing legislation in the country where you are located) once we start to supply you with the In-Service Item.

19. CONTACT INFORMATION

This website is operated and provided by Streamline Financial LLC If you have any questions, comments or concerns regarding our Privacy Policy and/or practices, please send an e-mail to [email protected]