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Terms

Terms of Use

These Terms govern your use of Retirement Transparency Project, the website at retirementtransparencyproject.com, and any related services.

Last updated · [TBD on counsel sign-off]

Version
3.0
Effective date
[TBD on counsel sign-off]
Operator
[LEGAL ENTITY NAME], a Wyoming limited liability company ("Retirement Transparency Project," "RTP," "we," "us," "our")
Contact
legal@retirementtransparencyproject.com
Pending outside counsel review. Do not publish until bracketed placeholders are resolved and counsel has signed off.

1. About these Terms and how you accept them

These Terms of Use ("Terms") govern your use of Retirement Transparency Project, the website at retirementtransparencyproject.com, and any related services (collectively, "RTP"). The Privacy Policy is incorporated by reference.

You can use most of RTP without giving us any personal information. The point in the journey at which you accept these Terms is the email-capture screen, where you check the consent box that reads:

By checking this box and clicking [Submit], I agree to RTP's Terms of Use and Privacy Policy. I ask RTP to list an anonymized version of my plan in the Transparent Advisor Leads marketplace so that partner firms in RTP's reviewed network can decide whether to follow up with me. If one partner firm purchases the match, my name, email, and the contents of my plan (and, if I have separately consented to phone contact, my phone number) go to that one partner. I understand the partner may contact me about retirement income and insurance products, including annuity products, that the partner sells insurance products on commission, and that RTP is paid a referral fee for the introduction. I understand RTP is an educational tool and is not financial advice.

If you do not agree to these Terms, do not check that box. You can still use the anonymous portions of RTP without accepting these Terms.

2. What RTP is and what RTP is not

Retirement Transparency Project is a publisher of educational retirement-planning content and an operator of a consumer-to-partner-firm matching service. Nothing more.

RTP is not:

  • a registered investment adviser or investment adviser representative;
  • a broker-dealer or registered representative;
  • a Certified Financial Planner, financial planner, insurance producer, or insurance agency;
  • a Certified Public Accountant or tax adviser;
  • an attorney or law firm;
  • a bank, trust company, or other financial institution;
  • a guarantor of, or party to, any relationship between you and any partner firm matched through RTP. RTP makes no representation that any partner firm acts in any particular capacity toward you.

The educational content on RTP and the outputs of the planning tools are general information based on inputs you provide and on publicly available rules, brackets, and rates. They are not personalized investment, tax, legal, insurance, or financial planning advice and must not be relied upon as such. Consult your own licensed financial professional before making any financial decision. The optional matching service is one way to find a professional. You are free to seek advice elsewhere.

3. Two ways to use RTP

Anonymous use. You can run the educational journey without giving us your email, phone number, name, or any other personal identifier. The planning surfaces run locally in your browser. We will not know who you are, will not store your inputs against an identity, and will not list you with any partner.

Matched use. If you want a partner firm to follow up with you about your plan, you give us your email address and check the consent box described in Section 1. From that point forward, the rest of these Terms apply to you.

You can switch from anonymous to matched at any time. You cannot retroactively un-anonymize anything we never had.

4. Eligibility

You must be at least 18 years old and a resident of the United States to use the matched-use path. RTP is not intended for use by children, and we do not knowingly collect personal information from anyone under 18. If you are a parent or guardian and believe a child has provided information to us, contact privacy@retirementtransparencyproject.com and we will delete it.

5. The matching service: how it works

When you check the consent box in Section 1, RTP creates a lead record and immediately posts an anonymized version of it to a separate, partner-facing marketplace called Transparent Advisor Leads ("TAL"). This posting happens every time the consent box is checked. It happens whether or not any partner later purchases the match. RTP does not pre-screen for fit before listing you. The marketplace is where the fit determination happens.

The anonymized lead contains things like your age, state, approximate asset bands, the goal you selected, and a short headline. It does not contain your name, email, phone number, or any other direct identifier. Qualifying partner firms in our reviewed network can see the anonymized listing and use it to decide whether to purchase the right to be matched with you. Only the one partner that purchases the match receives any direct identifier or any of the contents of your plan beyond what is in the anonymized listing.

When a partner firm purchases the match, RTP releases your contact information (name, email, the contents of your plan, and, if you have separately consented to phone or SMS contact, your phone number) to that one partner and only that one partner. From that point forward, the relationship is between you and that partner.

The partner may contact you about retirement income and insurance products, including annuity products, that the partner is licensed to discuss and sell. The partner sells insurance products on commission and may earn a commission if you buy one. There is no obligation. You can stop hearing from the partner at any time by replying STOP, by unsubscribing, or by telling the partner to stop.

What RTP does promise.

  1. Only one partner at a time. While a match is active, no other partner purchased through RTP will be released your contact information.
  2. You can release the match. If the matched partner is not a fit, or if they never follow up, you can release the hold from inside RTP. Once released, you can be matched with a different partner at your option. If a matched partner does not contact you within thirty days, RTP automatically releases the hold.
  3. You can stop the matching engine. You can opt out of being listed at any time from your account, from /privacy-choices, or by emailing privacy@retirementtransparencyproject.com.

6. What RTP does not do with respect to partner firms

RTP makes the following representations explicit. You agree to these as a condition of using the matching service.

  • RTP does not investigate, audit, monitor, supervise, or guarantee any partner firm's qualifications, registration status, regulatory history, disciplinary record, business practices, financial condition, or fitness to advise you, beyond the partner's contractual attestation to RTP that the partner holds the licenses required to discuss and sell the products the partner offers.
  • RTP does not endorse, recommend, vouch for, or warrant any specific partner firm. The order in which partners appear in any marketplace listing, or the fact that any specific partner purchases a match, is not an endorsement.
  • RTP does not perform due diligence on partner firms on your behalf. Any due diligence is your responsibility (see Section 7).
  • RTP does not supervise, control, or direct any communication, advice, recommendation, service, fee, product offering, or other conduct of any partner firm. Once a partner purchases your match, that partner acts independently. RTP has no involvement in, or control over, what the partner says to you or proposes to do for you.
  • RTP makes no representation about whether any partner firm's services, fees, products, or strategies will be suitable for you, appropriate for your situation, or beneficial to you in any way.
  • RTP does not promise that any partner will purchase your lead, contact you within any particular time, offer you any particular product or fee, or produce any particular financial outcome.

7. Your responsibility before engaging a matched partner

Before you engage any partner firm matched through RTP for any service, sign any agreement, purchase any product, transfer any assets, or make any financial decision based on the partner's recommendations, you are responsible for performing your own due diligence on the partner. At a minimum, that includes:

  • Verifying the partner's insurance licenses through your state Department of Insurance (often at the state's "license lookup" page).
  • Verifying the partner's registration and disciplinary history, where applicable, through the SEC Investment Adviser Public Disclosure database at adviserinfo.sec.gov and FINRA BrokerCheck at brokercheck.finra.org.
  • Reading any product illustration the partner provides, including all fees, surrender periods, guaranteed and non-guaranteed values, and the assumptions used.
  • Reading the partner's Form ADV Part 2A brochure and Form ADV Part 3 (Form CRS) if the partner is also an investment adviser.
  • Confirming the partner holds the licenses required for the products the partner proposes to sell to you in your state.
  • Independently evaluating whether the partner's services, fees, products, and standards meet your needs.
  • Asking for and reviewing the partner's privacy policy and any client engagement agreement you would be asked to sign.

You acknowledge that RTP is not a substitute for any of the above. Introduction through RTP is not a recommendation by RTP to engage the partner.

8. The matched partner's role and responsibilities

Any advisory, contractual, sales, or other relationship that arises from a match is solely between you and the matched partner firm. RTP is not a party to that relationship, is not liable under it, and does not earn any portion of fees or commissions you later pay to the partner.

Each partner firm participating in the marketplace is solely responsible for its own compliance with all laws, regulations, and professional standards applicable to its conduct toward you, including without limitation:

  • state insurance-licensing, advertising, suitability, and best-interest rules (including the NAIC Suitability in Annuity Transactions Model Regulation and the state best-interest standards modeled on it);
  • the Investment Advisers Act of 1940 and SEC rules thereunder, where the partner is also a registered investment adviser, including SEC Rule 206(4)-1 (the Marketing Rule), Form ADV delivery, Form CRS delivery, and any solicitor or promoter disclosure obligations;
  • state investment-adviser registration, notice-filing, and conduct rules in every state in which the partner is required to register or provide notice;
  • the Securities Exchange Act of 1934 and any FINRA rules applicable to broker-dealer or registered-representative activity;
  • the Telephone Consumer Protection Act ("TCPA"), including consent for autodialed, prerecorded, or AI-generated calls or text messages, STOP and HELP keyword handling, calling-time restrictions, and the National Do Not Call Registry and any state Do Not Call registries;
  • state telemarketing and consumer-protection laws, including the Florida Telephone Solicitation Act, the Washington Mass Telephone Practices Act, the Oklahoma Telephone Solicitation Act, and equivalents;
  • the Gramm-Leach-Bliley Act ("GLBA") and the Safeguards Rule (16 C.F.R. Part 314) with respect to the nonpublic personal information the partner receives from RTP;
  • state financial-privacy laws, including the California Financial Information Privacy Act;
  • the CAN-SPAM Act with respect to any commercial email the partner sends you;
  • the Fair Credit Reporting Act, to the extent applicable;
  • the suitability, best-interest, and disclosure standards applicable to the partner's product sales; and
  • all anti-fraud, anti-money-laundering, consumer-protection, and licensing requirements applicable in your state.

RTP makes no representation about any partner firm's compliance with any of the above, and RTP assumes no responsibility for any partner firm's compliance with, or breach of, any of the above. Any claim you may have for failure to comply with any of the above is a claim against the partner, not against RTP.

You agree that any dispute, claim, or controversy you have with a matched partner arising out of or relating to the partner's conduct, advice, recommendations, services, fees, communications, products, omissions, or compliance is between you and that partner. RTP is not a proper defendant in any such dispute.

9. How RTP makes money

RTP earns a referral fee from the partner firm that purchases your match. The partner pays the marketplace; the marketplace pays RTP. You pay nothing to use RTP.

The referral fee is paid for the match itself, not for whether you ultimately engage the partner and not as a percentage of your assets or any commission the partner earns from selling you a product. The fee does not change based on what the partner later sells you or charges you. If you go on to purchase a product from or otherwise engage the partner, you and the partner settle the terms of that relationship directly. RTP is not a party to it and is not paid out of it.

We do not rank partners based on the fees they pay us. We do not sell your information to firms outside our reviewed network.

10. Accuracy of the information you give us

The educational outputs and the value of the match both depend on the accuracy of the information you enter. You agree to provide information that is reasonably accurate to the best of your knowledge. You can correct or update the information at any time from within RTP.

11. Acceptable use

You agree not to:

  • use RTP on behalf of another person without their authorization;
  • enter information you do not have the right to share;
  • attempt to access another user's account, plan, or contact information;
  • attempt to interfere with, scrape at scale, reverse engineer, or disrupt RTP or the marketplace;
  • use RTP as part of a scheme to defraud, mislead, or solicit any other user;
  • use RTP if you are a current employee or affiliate of a partner firm participating in the marketplace, except as expressly permitted by your firm's marketplace agreement.

12. Account and security

If RTP issues you account credentials, you are responsible for keeping them confidential and for activity under your account. Notify us promptly at security@retirementtransparencyproject.com if you suspect any unauthorized access.

13. Phone, SMS, and email contact by the matched partner

The consent box in Section 1 does not authorize phone calls or text messages to you. If you want the matched partner to be able to call or text you, you must separately and affirmatively check a TCPA consent box that appears on the screen where you enter a phone number. If you do not check that box, the matched partner is contractually limited to email follow-up. TCPA, state telemarketing law, and STOP/HELP handling are the matched partner's responsibility as described in Section 8, not RTP's.

14. No warranties

To the maximum extent permitted by law, RTP is provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, accuracy, non-infringement, or quiet enjoyment. RTP does not warrant that the service will be uninterrupted, timely, error-free, or free of viruses or other harmful components. RTP does not warrant the accuracy, completeness, suitability, or quality of any information, advice, service, or product offered or provided by any partner firm.

15. Limitation of liability

To the maximum extent permitted by law:

(a) RTP and its affiliates, officers, employees, agents, suppliers, licensors, and the partner firms (solely with respect to RTP-related claims) will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenues, data, business, goodwill, or other intangible losses, arising out of or related to your use of RTP, even if RTP has been advised of the possibility of such damages.

(b) RTP's aggregate liability arising out of or related to these Terms or your use of RTP will not exceed the greater of one hundred U.S. dollars ($100) or the total amount of referral fees RTP actually received in connection with your match in the twelve months preceding the event giving rise to the liability.

(c) RTP is not liable for any act, omission, advice, recommendation, service, fee, communication, product, sale, breach, misconduct, or violation of law by any matched partner firm or any other partner firm. Any claim arising from a partner's conduct must be brought against that partner directly. You waive any claim against RTP based on the conduct of any partner firm, including any claim for negligent referral, failure to supervise, failure to vet, vicarious liability, or apparent or actual agency.

(d) Some jurisdictions do not allow the exclusion or limitation of certain damages. In those jurisdictions, the exclusions and limitations above apply only to the maximum extent permitted by law.

16. Indemnification

You agree to defend, indemnify, and hold harmless RTP, its affiliates, officers, employees, agents, suppliers, licensors, and each partner firm participating in the marketplace, from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to (a) your use of RTP in violation of these Terms or applicable law, (b) information you provided that you did not have the right to provide, (c) any dispute between you and another user of RTP, or (d) any dispute between you and a matched partner firm, to the extent the claim against RTP, an affiliate, or a partner firm arises from your conduct.

17. Dispute resolution, arbitration, and class action waiver

Please read this section carefully. It affects your legal rights.

Informal resolution first. Before filing any claim against RTP, you agree to first contact us at legal@retirementtransparencyproject.com with a written description of the dispute and the relief you seek. We will try in good faith to resolve the dispute informally within sixty (60) days.

Binding arbitration. If the dispute is not resolved informally, you and RTP agree that any claim, dispute, or controversy arising out of or relating to these Terms, your use of RTP, the matching service, or your match data will be resolved by binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules (for claims under $250,000) or its Comprehensive Arbitration Rules (for larger claims). The arbitration will be conducted before one commercial arbitrator, will be governed by the Federal Arbitration Act and not by any state arbitration law, and will take place in [city, state] or, at your election, by videoconference. The arbitrator's award is final and may be entered in any court of competent jurisdiction.

Disputes involving partner firms. You agree that any dispute, claim, or controversy you have arising out of or relating to your match data, including disputes with any partner firm that purchases your match, must also be resolved by binding individual arbitration under the same terms as disputes with RTP. This arbitration obligation extends to any partner firm that has purchased your match, as a third-party beneficiary of this Section 17.

Class action waiver. You and RTP agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, or representative action. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative proceeding. This class-action waiver also applies to any dispute between you and a partner firm that is subject to arbitration under this Section 17.

30-day opt-out. You may opt out of this arbitration agreement (Section 17) by sending written notice to legal@retirementtransparencyproject.com within thirty (30) days of first agreeing to these Terms. The notice must include your name, the email used with RTP, and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other part of these Terms.

Exceptions. Either party may bring an individual action in small-claims court. Either party may seek injunctive relief in court to protect intellectual property rights. Nothing in this section limits a party's right to report conduct to a government agency or to participate in an investigation by a government agency.

18. Governing law

These Terms are governed by the laws of the State of Wyoming, excluding its conflict-of-laws rules and excluding any matter governed by the Federal Arbitration Act. Subject to Section 17, the state and federal courts located in [county, Wyoming] have exclusive jurisdiction over any matter not subject to arbitration.

19. Termination

You can stop using RTP at any time. You can also delete your data as described in the Privacy Policy. We can suspend or terminate access to RTP for any user who violates these Terms, who uses RTP in a way that creates legal or regulatory risk, or who attempts to defraud another user or any partner firm. Sections that by their nature should survive termination (including 2, 6, 7, 8, 9, 14, 15, 16, 17, 18, and the Privacy Policy) will survive.

20. Changes to these Terms

We may update these Terms. If a change is material, we will give you at least thirty (30) days' notice by email or by an in-product notice before the change takes effect, and we will update the "Effective date" line at the top of this document. Your continued use of RTP after the effective date of the change means you accept the updated Terms. If you do not accept them, you can stop using RTP and request deletion of your data.

21. Other terms

Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and RTP regarding RTP and supersede any prior agreements.

Third-party beneficiaries. Partner firms in our reviewed network are intended third-party beneficiaries of Sections 6, 7, 8, 15, 16, and 17.

Severability. If any provision is held unenforceable, the rest stays in effect.

No waiver. Our failure to enforce a provision is not a waiver of our right to enforce it later.

Assignment. You may not assign these Terms. We may assign them in connection with a merger, acquisition, reorganization, or sale of substantially all of our assets.

22. Contact

Questions about these Terms: legal@retirementtransparencyproject.com
Privacy questions and rights requests: privacy@retirementtransparencyproject.com
Security incidents: security@retirementtransparencyproject.com
Mail: [LEGAL ENTITY NAME], [registered address]