Welcome to the Retirement Planning Website (the “Website”). Please carefully read these Terms and Conditions (the “Policy”).
By accessing, browsing, and/or using this Website you are acknowledging that you have read and understood this Policy and the Privacy Policy (as defined below) and that you accept and agree to be bound by the terms and conditions of this Policy and the Privacy Policy. If you cannot or do not accept or agree with this Policy or the Privacy Policy, then you must not access or use this Website.
Don Ezra reserves the right, in his sole discretion, to update, revise, supplement, and modify this Policy as well as to impose new or additional terms and conditions to this Policy at any time without prior notice. Your continued access or use of the Website after such modifications have been posted shall indicate your acceptance of and agreement to be bound by this Policy as modified. It is your responsibility to review regularly this Policy.
In this Policy:
(a) “Comments” means any comments, content, stories, documents, materials or other information or data provided or submitted to or posted on the Website by you or on your behalf including in response to blogs, as comments or at the invitation of Don Ezra;
(b) “Don Ezra” means David Don Ezra and any affiliated corporations or other entities and his and their respective affiliates, related companies, partners, agents, representatives, subcontractors and suppliers; and
(c) “Privacy Policy” means, at any time, the privacy policy posted on the Website at such time.
The word “including” or “includes” means “including (or includes) without limitation”.
Except as may be expressly authorized by Don Ezra, any reproduction, modification or distribution of the Website materials or content, in whole or in part, is strictly prohibited. Notwithstanding the foregoing, Don Ezra hereby grants to you a license to view, download, and retain copies of this Website and materials published by Don Ezra on this Website for your personal, non-commercial use only, provided you do not remove or alter any copyright or other proprietary notices.
Except to the extent permitted by copyright law no copying or use of the material from the Website is permitted except in accordance with this Policy or with the express written permission of Don Ezra.
Don Ezra reserves the right to modify, change, discontinue or suspend the Website in whole or in part, at any time, without prior notice to you. Don Ezra shall have no liability to you or any third party should Don Ezra exercise this right.
You agree not to use the Website in connection with any of the following activities: (a) sending and relaying spam, impersonating another person or entity, falsely misrepresenting your identity or your affiliations; (b) using the site for illegal or fraudulent purposes; (c) using the site for transmitting or distributing any objectionable material that is illegal, harassing, defamatory, tortuous, sexually explicit, obscene, hateful, or racist; (d) transmitting material that contains computer programs, including viruses, Trojan horses, worms, time bombs, and cancel bots, which are designed to disrupt, destroy, harm, or damage the operation of the Website or any computer or any information or materials.
I have written about retirement planning before and some of that material also relates to topics or issues that are discussed here. Where relevant I draw on material from three sources: The Retirement Plan Solution (co-authored with Bob Collie and Matt Smith, published by John Wiley & Sons, Inc., 2009), my foreword to Someday Rich (by Timothy Noonan and Matt Smith, also published by Wiley, 2012), and my occasional column The Art of Investment in the FT Money supplement of The Financial Times, published in the UK). I am grateful to the other authors and to The Financial Times for permission to use the material here.
Subject to the preceding paragraph, Don Ezra owns all rights, title and interest in the Website and you acquire no interest therein. The information and materials provided on the Website including all content, site design, text, graphics and the selection and arrangement thereof are protected by copyright. All rights are reserved. Any unauthorized use or any reproduction, modification or distribution of the information or materials is strictly prohibited.
Nothing in this Policy or your use of the Website shall grant you any rights in or to the intellectual property or proprietary rights of Don Ezra or any third party.
Nothing in this or on the Website shall be construed as granting, either expressly, by implication, by estoppel or otherwise, a license or other right to you to use any trade-marks or trade-names of Don Ezra. The names of other companies, products or services referred to on the Website may be trade-marks or trade-names of their respective owners. Any unauthorized use of the trade-marks or trade-names of Don Ezra or of third parties is strictly prohibited.
You represent and warrant that any information or materials you provide to Don Ezra or submit to or post on the Website including all Comments are accurate, truthful, not misleading, that you have the right to provide, submit or post such information and materials in accordance with this Policy and that the information and materials are not confidential property of third parties, do not violate third party rights, and are offered in good faith. This includes information provided as part of any registration or to gain access to, for use of any service offered on or to provide, submit or post Comments to or on the Website.
If you provide, submit or post Comments to or on the Website, you are hereby waiving all moral rights in the Comments you have provided, submitted or posted. By providing, submitting or posting Comments to or on the Website, you hereby grant to Don Ezra a nonexclusive, transferable, royalty free, perpetual, and irrevocable license with right of sublicense which allows Don Ezra the right to post, use, edit, modify, adapt, reproduce, publish, distribute, display and create derivative works from the Comments. You represent and warrant that you own all rights to the Comments you provide, submit or post to or on the Website and therefore have the authority to grant a waiver of the moral rights in the Comments and to grant such a license. For greater certainty, the license granted by you to Don Ezra includes the right for Don Ezra to grant users of the Website rights to view, download, retain copies of and use your Comments, whether in the form submitted, as posted, or otherwise.
Don Ezra reserves the right at any time, in his sole discretion, to not post, to edit prior to posting or to remove any Comments provided, submitted or posted by you.
Certain links on this Website lead to other websites (“Linked Sites”). Independent parties over whom Don Ezra has no control maintain the Linked Sites. Use of any Linked Site is entirely at your own risk. Don Ezra makes no representations or warranties as to the accuracy or any other aspect of the information contained on the Linked Sites, including the goods or services sold or made available. Don Ezra therefore disclaims all liability and responsibility for the availability of information, materials, content, accuracy, products, or services found on third party sites which are linked from or to the Website. The existence of a link from the Website to any third party site does not constitute an endorsement by Don Ezra of the Linked Site or any goods, services or information provided through such Linked Sites.
In addition to complying with this Policy, you agree to use the Website, Linked Sites and services available on or through the Website and Linked Sites for lawful purposes only and in a manner consistent with local, national or international laws and regulations. You may not use the Website or Linked Sites in any manner which could damage, disable, overburden, or impair the Website or Linked Sites or interfere with any other party’s use or enjoyment of the Website or Linked Sites.
YOU UNDERSTAND AND AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK.
THE WEBSITE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS FOR EDUCATIONAL, ENTERTAINMENT AND RESEARCH PURPOSES. DON EZRA DOES NOT PROVIDE ANY, AND THERE ARE NO, REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING NO REPRESENTATIONS, WARRANTIES OR CONDITIONS REGARDING MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
DON EZRA DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES DON EZRA MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF ANY INFORMATION OR MATERIALS AVAILABLE ON OR THROUGH THE WEBSITE.
THE DOWNLOADING OF MATERIAL FROM THE WEBSITE OR LINKED SITES IS DONE AT YOUR OWN RISK. DON EZRA DOES NOT GUARANTEE OR WARRANT THAT SUCH MATERIALS ARE FREE OF VIRUSES, TROJAN HORSES, WORMS, TIME BOMBS, CANCEL BOTS OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SAFEGUARDS TO PROTECT YOUR COMPUTER SYSTEM AND DATA AND YOU ARE RESPONSIBLE FOR THE ENTIRE COST OF ANY SERVICE, REPAIRS OR CORRECTIONS NECESSARY AS A RESULT OF THE USE OF THE WEBSITE OR ANY LINKED SITE.
YOU SHOULD NOT RELY ON ANY OPINION OR OTHER INFORMATION OR MATERIALS SET OUT IN THE WEBSITE OR ANY SITE ACCESSIBLE THROUGH THE WEBSITE WHEN MAKING BUSINESS, FINANCIAL, PERSONAL OR OTHER DECISIONS INCLUDING DECISIONS RELATING TO YOUR RETIREMENT. DON EZRA AND DON EZRA’S SERVICE PROVIDERS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AND AGENTS (the “Don Ezra Parties”) DO NOT ENDORSE THE OPINIONS OF ANY THIRD PARTY EXPRESSED ON THE WEBSITE OR ANY SITE ACCESSIBLE THROUGH THE WEBSITE.
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL DON EZRA OR ANY OF THE DON EZRA PARTIES BE LIABLE FOR ANY: (i) DAMAGES FOR LOSS OF INCOME, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR BUSINESS INFORMATION OR LOSS OF OR DAMAGE TO PROPERTY; (ii) DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, COMPENSATORY OR PUNITIVE DAMAGES; (iii) CLAIMS OF THIRD PARTIES; OR (iv) OTHER PECUNIARY LOSS; ARISING OUT OF OR RELATED TO THIS POLICY, THE WEBSITE OR ANY LINKED SITE OR ANY INFORMATION OR MATERIALS AVAILABLE ON THE WEBSITE OR ANY LINKED SITE. IN NO EVENT WILL THE CUMULATIVE LIABILITY OF DON EZRA AND THE DON EZRA PARTIES ARISING OUT OF OR RELATED TO THIS POLICY, THE WEBSITE OR ANY LINKED SITE OR ANY INFORMATION OR MATERIALS AVAILABLE ON THE WEBSITE OR ANY LINKED SITE EXCEED CDN $10. TO THE EXTENT THAT SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OR LIMITATIONS ON SOME CATEGORIES OF DAMAGES, THESE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
THE DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS, THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE CAP ON LIABILITY SET OUT IN THIS POLICY SHALL APPLY REGARDLESS OF THE CAUSES, CIRCUMSTANCES OR FORM OF ACTION GIVING RISE TO THE LOSS, DAMAGE, CLAIM OR LIABILITY, EVEN IF SUCH LOSS, DAMAGE, CLAIM OR LIABILITY IS BASED UPON BREACH OF CONTRACT (INCLUDING A CLAIM OF FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM), TORT (INCLUDING NEGLIGENCE) OR AS A RESULT OF BREACH OF WARRANTY, STRICT LIABILITY, INDEMNITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND EVEN IF DON EZRA OR ANY OF THE DON EZRA PARTIES ARE ADVISED OF THE POSSIBILITY OF THE LOSS, DAMAGE, CLAIM OR LIABILITY.
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS DON EZRA AND THE DON EZRA PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, DEMANDS, LOSSES OR EXPENSES (INCLUDING ALL LEGAL FEES) BROUGHT BY YOU OR ANY THIRD PARTY ARISING OUT OF YOUR USE OF THIS SITE IN BREACH OF THIS POLICY OR ANY OTHER POLICIES OF DON EZRA OR THE INFRINGEMENT BY YOU OF ANY INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON OR ENTITY.
The laws of the Province of Ontario and any applicable federal laws of Canada shall govern this Policy and your use of the Website. The courts of the Province of Ontario shall have exclusive jurisdiction over any dispute arising out of this Policy or your use of this Website.
This Policy and any and all other notices, policies and statements contained on the Website (as the same may be amended by Don Ezra from time to time with or without prior notice) constitute the entire agreement between Don Ezra and you. This Policy cannot be modified except as described elsewhere herein. This Policy supersedes anything in the Website inconsistent with this Policy. No delay or failure to exercise any right including any rights in respect of any non-compliance by you with respect to the terms of this Policy shall be construed as a waiver by Don Ezra. No waiver of any of this Policy shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Don Ezra may assign this Policy in whole or in part, without your consent. You may not assign this Policy whether in whole or in part.
If in any jurisdiction any part of this Policy is held, by a court of competent jurisdiction, to be invalid or unenforceable, such part of this Policy shall be restricted or eliminated to the minimum extent necessary with respect to that jurisdiction, and the remaining parts of Policy shall otherwise remain in full force and effect. If such invalid or unenforceable provision may be modified to become valid and enforceable, such provision will be deemed to be modified so as to be valid and enforceable to the greatest extent allowed by law.