Last updated on July 2023
PolicyRisk.com (“Site”) is designed to be an interactive retirement planning experience featuring diagnostic tools (“Service”) for licensed financial advisors, accountants, attorneys, insurance agents (“Advisor”) and their clients (individually or collectively referred to as “User” or “Users”).
Service includes independent, non-partisan diagnostic tools that are not connected with, affiliated with, or specifically endorsed by the United States government or the Social Security Administration.
Information generated as part of the Service concerning the likelihood and impact of Social Security benefit reductions are meant for general illustration and/or information purposes only, are hypothetical in nature, contain mathematical estimates and may not reflect accurate results, and are not guarantees of future public policy or personal impact. Calculation methodologies utilized by Service may differ from those used by other entities.
Service results may vary over time since algorithms may be updated at any time and are expected to be adjusted as available data is updated.
Site and the Service analyze a snapshot of a User’s information based upon User inputs. Because actual results are calculated over many years, small changes can create large differences in future results. Site does not provide investment, legal, tax, or accounting services. Nothing herein should be construed as or considered investment, legal, tax, or accounting advice.
Before making decisions with investment, legal, tax, or accounting ramifications, Users should consult appropriate professionals for advice that is specific to their situation. Advisors who utilize the Service may offer other products or services and may be compensated by commissions and/or fees for any other services they may provide.
Your use of any and all PRIA Technologies software services, along with any other services or websites provided to you by PRIA Technologies (the “Services”), is subject to these Terms of Service and our Privacy Policy (collectively referred to as the “Terms”). This agreement is between you and PRIA Technologies LLC (“PRIA Technologies”). Our principal place of business is at 12220 Birmingham Hwy, Atlanta, Georgia 30004 in the United States.
By accessing or using the Services, you are accepting these Terms of Service and you represent and warrant that you have the authority and capacity to enter into these Terms of Service (“Agreement”). The information presented is not intended for distribution to, or use by, any person in any jurisdiction where such distribution or use would be contrary to local law or regulation. Services are intended for Users at least 25 years old, and you may not access the Services if you are not at least 18 years old. If you do not agree with all of the provisions of these Terms, do not access and/or use the Site or the Services.
PRIA Technologies grants to you a non-exclusive, non-transferable license to use the Services, under the terms and conditions of the business agreements between the parties. You agree to use the Services in accordance with the parameters set forth in documentation and other reasonable instructions provided by PRIA Technologies. You agree not to modify, copy, disassemble, decompile, or reverse engineer the Services, or cause or permit any third party to do so. This license does not include the right to grant sublicenses or other rights to the Services, which will remain the exclusive property of PRIA Technologies. You agree that you have no rights in the Services or their documentation, other than the license granted hereunder. You further agree to protect the confidentiality of all the information relating to the Services’ code, design, or logic structure provided to you by PRIA Technologies.
Information that is provided about assets, financial goals, and personal situations are key assumptions for the calculations and projections made by the Service. Please review any report generated by the Site to verify the accuracy of these assumptions. Even small changes in assumptions can have a substantial impact on the results shown. Information inputted into the Service should be reviewed periodically and updated when either the information or circumstances change.
Site is not responsible for the accuracy or completeness of the information inputted into the Service. All financial information is provided by Users or calculated based upon information provided by Users and is not a substitute for the information contained in official account statements.
All results generated by the Service are hypothetical in nature, do not reflect actual results, and are not guarantees of future results. All results use simplifying assumptions that do not completely or accurately reflect a User’s specific circumstances. No software can accurately predict the future. Keep in mind that the strategies are a point in time and may change due to updates or because of changes in personal circumstances, economic, or market conditions.
The materials, information, and content made available or displayed on the Site or sent to Users through the Services, and any derivative works thereof, whether made by Service or User, (collectively, “Content”) are proprietary to Service or our licensors and should be considered our confidential information. Subject to these Terms of Service, including any supplemental terms, we hereby grant User a limited, non-exclusive, non-transferable license to view, use, download, and print the Content solely for User’s personal, informational, non-commercial, and internal review, and solely in accordance with these Terms. User may not:
Any copy of the Content or portion thereof must include all copyright notices, information, and restrictions contained in, or attached to, any of the Content, and you must abide by the foregoing notices and restrictions.
To request certain Content, User may be required to provide Service with User’s contact information, including email address. Service may, in our sole discretion, then send User such Content in a format we determine in our sole discretion. User agrees to only provide us with true, accurate, current, and complete information in such request. Service reserves the right to reject User’s request and refuse to send User our Content. Service is not responsible to ensure and disclaims any responsibility for User’s ability to open, use, or view the Content that the Service sends User pursuant to User’s request.
Service retains all right, title, and interest in and to the Content, and all related intellectual property rights. Service reserves all rights not granted in these Terms of Service. User will immediately notify Service in the event of any loss or unauthorized disclosure of any Content. Upon our written request, or User’s termination of these Terms of Service, User must promptly delete or destroy all documents and other tangible materials representing any Content and all copies thereof.
Different partners may use the functionality of their own application (“Third Party App”) to provide User with the Content. You agree that the entity providing that particular application is solely responsible for the Third-Party App and that User shall look only to that entity to resolve any dispute regarding User’s use of that Third Party App, including any use of our Content. All offers, images, information, questions, comments, statements, and other content provided by the Third-Party App (“Partner Content”) are owned by the entity providing such Partner Content. You agree that the provider of any Partner Content is solely responsible for such Partner Content.
User understands and acknowledges that the software, code, proprietary methods, and systems used to provide the Site or Services (“Service Technology”) are:
Service Technology may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. You must abide by all copyright notices, information, and restrictions contained in or attached to any of Service Technology. Nothing in the Agreement grants User any right to receive delivery of a copy of Service Technology or to obtain access to Service Technology except as generally and ordinarily permitted through the Site according to the Agreement. Furthermore, nothing in the Agreement will be deemed to grant, by implication, estoppel, or otherwise, a license to Service Technology. Certain of the names, logos, and other materials displayed on the Site or in the Services constitute trademarks, trade names, service marks, or logos (“Marks”) of Service or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with Service or those other entities. Any use of Third-Party App provided in connection with the Site or Services will be governed by such third parties’ licenses and not by the Agreement.
It is our goal to make access to our Site and Service a good experience for all of our Users. You agree not to, and represent and warrant that you will not, reproduce, duplicate, copy, sell, resell, or exploit any portion of the Site or Services, use of the Site or Services, or access to the Site or Services for any purposes other than for which the Site or Services are being provided to you, or do any of the following:
The Services are licensed to you under a contract that you enter into with PRIA Technologies at the time of your subscription.
The initial term of your contract is one (1) month from the date service commences, and your contract will automatically renew for subsequent one (1) month terms unless notice of non-renewal is provided by either party at least ten (10) days in advance of each renewal. This contract structure provides pricing protection, and PRIA Technologies may not apply future pricing increases to your contract during its term.
If we determine that we must change your pricing, we will notify you that your pricing will automatically change as of the beginning of your next contract term. We will always provide at least thirty (30) days’ notice for any such pricing change prior to any deadline that you have for choosing not to renew your contract with PRIA Technologies.
Any additional user licenses, add-ons, or other services added during the course of your contract will be committed for the remainder of your current contract term.
You will be billed monthly in advance via credit card. PRIA Technologies reserves the right, under certain circumstances, to require annual billing or ACH payment when circumstances warrant.
All fees are non-refundable once billed. If you believe you have been billed in error, please email support@policyrisk.com and we will be glad to assist.
In order to provide notice of non-renewal and terminate the Services, you must provide notice to PRIA Technologies. For your security, you must provide notice to PRIA Technologies using the account cancellation feature in the Settings screen of your PRIA Technologies account. If you do not have access to the account cancellation feature, you can provide written notice via electronic mail at support@policyrisk.com. Termination is deemed effective when you receive a message from PRIA Technologies that your cancellation has been processed. Once PRIA Technologies has processed your cancellation, your access to and payment for the Services will continue for the remainder of your contract term.
PRIA Technologies may, at any time, terminate your account and refuse your access to the Services if:
Termination for reasons (1), (3), (6), or (7) shall not relieve you of the obligation to pay for the Services for the remainder of your contract. Upon termination, all of the legal rights, obligations, and liabilities that you and PRIA Technologies have benefited from, been subject to (or which have accrued over time while the Terms have been in force) or which are expressed to continue indefinitely, will be unaffected by this termination, including the provisions of the “General Legal Terms” and “Conflict of Laws” sections below.
Service may change the terms of the Agreement from time to time on a going-forward basis. Service will notify Users of any such material changes by posting notice of the changes on the Site, and/or, in our sole discretion, by email. Any such modifications become effective upon the earlier to occur of:
It is User’s sole responsibility to check the Site from time to time to view any such changes to the terms in the Terms of Service. If you do not agree to any changes, if and when such changes may be made to the Terms of Service, you must cease access to the Site and use of the Services. We reserve the right to modify or discontinue the Site or Services with or without notice to Users. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Site and/or Services. If User objects to any such changes, User’s sole recourse will be to cease access to the Site or Services. Continued access to the Site or Services following notice of any such changes will indicate your acknowledgment of such changes and satisfaction with the Site or Services as so modified. You agree that we may immediately terminate your access to the Site or Services at any time, for any reason, in our sole discretion. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE OR SERVICES.
In the event that User provides any ideas, thoughts, criticisms, suggested improvements, or other feedback related to the Site or the Services (collectively “Feedback”), User agrees we may act upon the Feedback and modify our Site and Service and that User will not be due any compensation, including any royalty related to the Site and Service that incorporates the Feedback. User grants Service a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made, and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether User provides the Feedback on the Site or through any other method of communication with Service unless we have entered into a separate agreement with User that provides otherwise.
Privacy is important. Site has created a Privacy Policy that describes the collection, use, and disclosure practices regarding any personal information that User provides. Security is important. Site has created a Security Statement that describes Service infrastructure. While there is no such thing as “perfect security” on the Internet, Site and Service will take reasonable steps to help ensure the safety of User’s personal information. However, User understands and agrees that such steps do not guarantee that the Site and the Services are invulnerable to all security breaches or immune from viruses, security threats, or other vulnerabilities.
User expressly agrees that use of the Site and/or Services is at User’s sole risk. The Content, Site, and Services are provided “as is” and “as available.” Site and Service expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, any warranties of merchantability, fitness for a particular use or purpose, non-infringement, title, operability, condition, quiet enjoyment, value, accuracy of data, and system integration. Site and Service make no warranty that the Content, Site, and/or Services will meet User’s requirements or that the Site and/or Services will be uninterrupted, timely, secure, or error-free; nor make any warranty as to the results that may be obtained from the use of the Content, Site, or Services, or that defects in the Content, Site, or Services will be corrected. User understands and agrees that any Content or information downloaded or otherwise obtained through the use of the Site or Services is done at User’s discretion and risk and that User will be solely responsible for any damage to your computer services or loss of data that results from the download of such material and/or information. No content, advice, or information, whether oral or written, obtained by User from Site, Services, or otherwise will create any warranty, representation, or guarantee not expressly stated in the agreement.
Service is not intended to provide legal, tax, or financial advice. Service is not a financial planner or tax advisor. The Service is intended only to assist you in your understanding of potential reduction in government benefits and is broad in scope. Your personal financial situation is unique, and any information obtained through Service may not be appropriate for your situation. Accordingly, before making any final decisions, you should consider obtaining additional information and advice from your accountant or other financial advisors who are fully aware of your individual circumstances. We are not liable for any action you take or fail to take based upon information you received through the Site or Services, and specifically, we are not liable for any losses you suffer as a result of any such action or inaction. The Site and Services are provided as a convenience and are not intended to be used to replace any other decisioning methods.
User acknowledges and agrees that access to the Site and Services is only made available if User agrees to certain limitations of liability. User understands that to the fullest extent permitted under applicable law, in no event will officers, employees, directors, parents, subsidiaries, affiliates, agents, or licensors (“Affiliates”) be liable for any indirect, incidental, special, consequential, or exemplary damages, including, but not limited to, damages for loss of revenues, profits, goodwill, use, data, lost opportunities, or business interruptions or other intangible losses (even if such parties were advised of, knew of, or should have known of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy) arising out of or related to User’s use of or access to, or the inability to use or to access, the Site or Services, regardless of whether such damages are based on contract, tort (including negligence and strict liability), warranty, statute, or otherwise. In no event will Service or Affiliates be liable to User or any third party in connection with any act or omission of any User of the Site. If User is dissatisfied with any portion of this Site and Services, User’s sole and exclusive remedy is to discontinue use of the Site and Services. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to User. To the extent that Service and Affiliates may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
User agrees to indemnify, defend, and hold harmless Site, Service, subsidiaries, affiliates, officers, directors, co-branders, and other partners, employees, consultants, and agents from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) that such parties may incur as a result of or arising from:
User consents to our giving you Communications electronically. User’s agreement to this Electronic Communications and E-Sign Consent confirms User’s ability and consent to receive all terms and conditions, agreements, notices, documents, disclosures, and other communications (“Communications”) electronically. User hereby:
To access and retain the Communications, you will need the following:
User’s consent to receive Communications and do business electronically applies to all interactions and transactions with Site or Service. The foregoing does not affect non-waivable rights. You may receive a copy of the Agreement by accessing this Site. You may withdraw your consent to receive Communications electronically by contacting us in the manner described below. If you withdraw your consent, from that time forward, you must stop using the Site and Services. The withdrawal of your consent will not affect the legal validity and enforceability of any obligations or any electronic Communications provided or business transacted before the time of withdrawal. Please keep email updated in order to continue to receive all Communications without interruption.
This section shall be referred to herein as the “Arbitration Agreement.” Except for a claim by Site of infringement or misappropriation of patent, copyright, trademark, or trade secret, any and all disputes between User and Site arising under or related in any way to these Terms of Service, use of the Site or Services, or receipt of any email, telephonic, text message, or other communication must be resolved through binding arbitration as described in this section. This Arbitration Agreement is intended to be interpreted broadly. User agrees that by entering into this arbitration agreement, both parties are waiving the right to trial by jury or to participate in a class action. User and Site agree that each may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Any arbitration will take place on an individual basis; class arbitrations and class actions are not permitted.
(a) Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this Arbitration Agreement, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and us and our employees, agents, successors, or assigns, regarding or relating to the Services or these Terms of Service, shall exclusively be settled through binding and confidential arbitration.
(b) Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from JAMS. As modified by these Terms, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by JAMS’s rules for commercial arbitration and, if the arbitrator deems them applicable, the procedures for consumer-related disputes. If JAMS is unavailable to arbitrate, the parties will agree on an alternative arbitration forum.
(c) User is GIVING UP THE RIGHT TO GO TO COURT to assert or defend rights EXCEPT for matters that may be taken to small claims court. User’s rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.
(d) All parties must abide by the following rules:
(e) Notwithstanding the foregoing, either party may bring an individual action in small claims court provided such action remains in such court. Further, claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement. Such claims shall be exclusively brought in the state or federal courts located in Atlanta, Georgia. Additionally, notwithstanding agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in Atlanta, Georgia in order to maintain the status quo pending arbitration, and the parties hereby agree to submit to the exclusive personal jurisdiction of the courts located within Atlanta, Georgia for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate.
(f) With the exception of the second paragraph of this Arbitration Agreement and subparts (1) and (2) of subsection (d) above (prohibiting arbitration on a class, representative, or collective basis), if any part of this Arbitration Agreement is deemed to be invalid or unenforceable, then the balance of this Arbitration Agreement shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal, or conflicting provision were not contained herein. If, however, the second paragraph of this Arbitration Agreement and/or subparts (1) or (2) of subsection (d) above (prohibiting arbitration on a class, representative, or collective basis) is found to be invalid or unenforceable with respect to a particular claim for relief, then that claim for relief and only that claim for relief shall be severed from the arbitration and brought exclusively in the state or federal courts located in Atlanta, Georgia. All other claims shall be arbitrated.
(g) Notwithstanding any provision in these Terms of Service to the contrary, if we seek to terminate this Arbitration Agreement, any such termination shall not be effective until 30 days after the version of the Terms of Service not containing the Arbitration Agreement is posted to the Site and shall not be effective as to any claim of which you provided us with written notice before the date of termination. For more information on JAMS, its Rules and Procedures, and how to file an arbitration claim, you may call JAMS at 800-352-5267 or visit the JAMS website at http://www.jamsadr.com.
User is responsible for compliance with all applicable laws. The Terms of Service and the relationship between parties will be governed by the laws of Georgia, without giving effect to any choice of laws principles that would require the application of the laws of a different country or state. Any legal action, suit, or proceeding arising out of or relating to the Terms of Service, or use of the Site or Services not subject to arbitration must be instituted exclusively in the federal or state courts located in Atlanta, Georgia and in no other jurisdiction. User further consents to exclusive personal jurisdiction and venue and agrees to service of process issued or authorized by any such court. User may not transfer, assign, or delegate any rights and/or duties under the Agreement to anyone else, and any attempted assignment or delegation is void. Site has the right to freely assign our rights under this Agreement. User acknowledges that Site and Service have the right hereunder to seek an injunction, if necessary, to stop or prevent a breach of User’s obligations hereunder. The paragraph headings in the Agreement, shown in boldface type, are included only to help make the Agreement easier to read and have no binding effect. Any delay or failure by Affiliates to exercise or enforce any right or provision of the Agreement will not constitute a waiver of such right or provision. No waiver by Affiliates will have effect unless such waiver is set forth in writing; nor will any such waiver of any breach or default constitute a waiver of any subsequent breach or default. The Agreement constitutes the complete and exclusive agreement between User and Site/Affiliates with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications, or agreements. Subject to subsection (f) above, if for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision of the Terms of Service will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of the Agreement will continue in full force and effect.
Limitations on liability explicitly set forth herein and Affiliates’ proprietary rights in and to the Site, Content, Our Technology, and the Services will survive the expiration or termination of the Agreement for any reason.
We may give notice to you by email, a posting on the Site, or other reasonable means. You must give notice to us in writing via email to legal@policyrisk.com or as otherwise expressly provided. Please report any violations of the Agreement to legal@policyrisk.com.
