1. Acceptance of these Terms
These Terms and Conditions (the “Terms”) form a binding agreement between you and My Financial Next Step, together with its owners, operators, affiliates, officers, employees, agents and representatives (collectively, “we,” “us” or “our”), governing your access to and use of myfinancialnextstep.com and any related pages, forms, content, tools and communications (collectively, the “Site”). By accessing or using the Site, submitting any form, or communicating with us through the Site, you confirm that you have read, understood and agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Site.
These Terms contain a binding arbitration agreement and class action waiver in Section 20 that affect how disputes are resolved. Please review that section.
2. Eligibility
You must be at least 18 years old and able to form a legally binding contract to use the Site. By using the Site, you represent that you meet these requirements. The Site is intended for users in the United States.
3. Changes to these Terms
We may revise these Terms at any time by posting an updated version on this page and changing the “Last updated” date. Changes take effect when posted. Your continued use of the Site after changes are posted means you accept the revised Terms. Changes to Section 20 will not apply to any dispute of which we had actual notice before the change.
4. Educational and informational content only
All content on the Site, including articles, guides, examples, illustrations, calculators, checklists, videos and other materials (“Content”), is provided for general educational and informational purposes only. Content is not, and should not be relied upon as, individualized financial, investment, securities, insurance, tax, accounting, legal or other professional advice, and it does not take into account your personal objectives, financial situation, risk tolerance or needs. You are solely responsible for evaluating any information on the Site and for any decision you make. Before acting on any information, consult a qualified professional who understands your specific circumstances.
5. No offer, solicitation or recommendation
Nothing on the Site constitutes an offer to sell, a solicitation of an offer to buy, or a recommendation of any security, investment product, insurance product, strategy or other financial product or service. Any products or services, if offered, are available only where the provider is properly licensed or registered, only to persons eligible to receive them, and only through the appropriate agreements, disclosures, applications and suitability or underwriting review. Products and services may not be available in all states or jurisdictions.
6. No advisory, fiduciary or client relationship
Your use of the Site, reading Content, submitting a form, requesting a consultation, or communicating with us by phone, text or email does not create an advisory, fiduciary, broker, agent, insurance, attorney, accountant or other client or professional relationship of any kind. Any such relationship is formed only by a separate written agreement signed by the appropriate parties. Information you send before such an agreement exists is not confidential or privileged except as described in our Privacy Policy.
7. Investment, insurance and other risks
All investing involves risk, including the possible loss of principal. Past performance is not a guarantee or indicator of future results. No strategy, including diversification, asset allocation or rebalancing, can guarantee a profit or protect against loss in declining markets. Any examples, hypothetical illustrations or projections are for illustration only, are not based on actual results and are not guarantees. Insurance products are subject to underwriting, terms, conditions, limitations and exclusions, and any guarantees are based on the claims-paying ability of the issuing insurance company. Tax and legal rules change frequently and vary by jurisdiction.
8. Accuracy, completeness and timeliness
We strive to keep Content accurate and current, but we make no representation or warranty that any Content is accurate, complete, reliable, current or error-free. Content may become outdated, and figures, limits, rules and laws referenced may change. We may change, update, remove or correct any Content at any time without notice and have no obligation to update it.
9. Consultations and communications
Requesting a consultation does not guarantee that we will contact you, that a meeting will be scheduled, or that any service will be offered or provided. We may decline any request for any lawful reason. Any information discussed in a consultation is subject to these Terms unless and until a separate written agreement governs it.
10. Consent to calls, texts and emails
By submitting a form on the Site and checking the consent box, you expressly consent to receive calls, text messages (including SMS and MMS) and emails from us and those acting on our behalf at the phone number and email address you provide, about your inquiry and related services, including calls and messages made using automated technology, autodialers, or artificial or prerecorded voices, even if your number is on a federal, state or company Do Not Call list. Consent is not a condition of receiving any service. Message frequency varies. Message and data rates may apply. You can opt out of text messages at any time by replying STOP, and get help by replying HELP. You can opt out of emails using the unsubscribe link in any email, and you can ask us to stop calling you at any time. You represent that you are the owner or authorized user of the phone number and email address you provide, and you agree to notify us promptly if that number is reassigned or you are no longer its authorized user. Carriers are not liable for delayed or undelivered messages.
11. Information you submit
You agree that all information you submit through the Site is true, accurate, current and complete, and that you have the right to provide it. You agree not to submit sensitive information such as Social Security numbers, account numbers, passwords or medical information through Site forms. You grant us a non-exclusive, royalty-free, worldwide, perpetual license to use, store and process information and feedback you submit for the purposes described in these Terms and our Privacy Policy.
12. Acceptable use
You agree not to: (a) use the Site for any unlawful, fraudulent or harmful purpose; (b) submit false, misleading or third-party information without authorization; (c) interfere with, disrupt or attempt to gain unauthorized access to the Site, its servers or networks; (d) use bots, scrapers, crawlers or other automated means to access, copy or collect data from the Site; (e) introduce viruses, malware or other harmful code; (f) impersonate any person or entity; (g) harass, threaten or abuse us or others; or (h) use the Site in any way that violates applicable law or these Terms. We may suspend or terminate your access to the Site at any time, for any reason, without notice.
13. Intellectual property
The Site and all Content, including text, graphics, logos, designs, layouts, software and compilations, are owned by us or our licensors and are protected by copyright, trademark and other intellectual property laws. We grant you a limited, revocable, non-exclusive, non-transferable license to view and print Content for your personal, non-commercial use. You may not copy, reproduce, distribute, modify, create derivative works from, publicly display, republish, sell or exploit any Content without our prior written permission. All rights not expressly granted are reserved.
14. Third-party links, tools and services
The Site may contain links to, or use tools and services provided by, third parties, including analytics, hosting, scheduling and communication providers. We do not control and are not responsible for the content, accuracy, availability, security, privacy practices or policies of any third party. Inclusion of a link does not imply endorsement. Your use of third-party sites and services is at your own risk and subject to their terms.
15. Disclaimer of warranties
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT OR THAT THE SITE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE SITE CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
16. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, INVESTMENTS, SAVINGS, DATA, GOODWILL OR OPPORTUNITY, ARISING OUT OF OR RELATING TO THE SITE, THE CONTENT, ANY COMMUNICATION, OR ANY DECISION OR ACTION TAKEN IN RELIANCE ON THE SITE OR CONTENT, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US $100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU, IN WHICH CASE OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
17. Indemnification
You agree to defend, indemnify and hold harmless us and our owners, affiliates, officers, employees, agents, licensors and service providers from and against any claims, liabilities, damages, judgments, losses, costs, expenses and fees (including reasonable attorneys’ fees) arising out of or relating to your use or misuse of the Site, your violation of these Terms or applicable law, any information you submit, or your violation of any rights of a third party.
18. Time limit to bring claims
To the fullest extent permitted by law, any claim or cause of action arising out of or relating to the Site or these Terms must be brought within one (1) year after the claim or cause of action arises; otherwise, it is permanently barred.
19. Informal dispute resolution
Before starting any arbitration or other proceeding, you and we each agree to first try to resolve the dispute informally. The party raising the dispute must send the other a written notice describing the nature and basis of the claim and the relief requested. For notices to us, use our Contact page. You and we agree to negotiate in good faith for at least sixty (60) days after the notice is received. Any applicable statute of limitations will be paused during this period.
20. Binding arbitration and class action waiver
Agreement to arbitrate. You and we agree that any dispute, claim or controversy arising out of or relating in any way to the Site, the Content, these Terms, the Privacy Policy, any communication between you and us (including calls, texts and emails), or any information you submit, whether based on contract, tort, statute, fraud, misrepresentation or any other legal theory, and whether arising before or after you agreed to these Terms (each, a “Dispute”), will be resolved exclusively by final and binding individual arbitration, rather than in court, except as stated below. This includes any dispute about the existence, scope, validity, enforceability or interpretation of this arbitration agreement, which the arbitrator will decide.
Federal Arbitration Act. These Terms involve interstate commerce, and this arbitration agreement is governed by the Federal Arbitration Act, 9 U.S.C. Section 1 and following, and applicable federal law, regardless of which state you live in.
Arbitration rules and provider. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect, or, if those rules do not apply, its Commercial Arbitration Rules, as modified by these Terms. If the AAA is unavailable or unwilling to administer the arbitration, the parties will select another nationally recognized arbitration provider, or a court will appoint one. A single neutral arbitrator will decide the Dispute.
Location and format. The arbitration may be conducted by video conference, by telephone, or based on written submissions, unless the arbitrator decides an in-person hearing is necessary. Any in-person hearing will take place in the county where you reside, or another location the parties agree on.
Fees. Payment of filing, administrative and arbitrator fees will be governed by the applicable arbitration rules. Each party will bear its own attorneys’ fees and costs unless the arbitrator awards them under applicable law or the arbitrator finds that a claim was frivolous or brought for an improper purpose.
Authority of the arbitrator. The arbitrator may award any individual relief that a court could award to an individual under applicable law, but only in favor of the individual party seeking relief and only to the extent necessary to provide relief for that party’s individual claim. The arbitrator’s award is final and binding, and judgment on the award may be entered in any court of competent jurisdiction.
Class action and jury trial waiver. YOU AND WE EACH AGREE THAT DISPUTES WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING. YOU AND WE EACH KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Mass filings. If twenty-five (25) or more similar Disputes are filed against us by the same or coordinated counsel or by coordinated claimants, those Disputes will be administered in batches under the provider’s mass arbitration procedures, and the parties agree to cooperate in good faith to administer them efficiently.
Exceptions. Either party may bring an individual claim in a small claims court of competent jurisdiction, as long as the claim stays in that court and is not removed or appealed to a court of general jurisdiction. Either party may also seek injunctive or other equitable relief in court to protect its intellectual property rights or to stop unauthorized access to or misuse of the Site.
Right to opt out. You may opt out of this arbitration agreement by sending us written notice through our Contact page within thirty (30) days after you first use the Site or submit a form, stating your name, email address and that you opt out of arbitration. Opting out does not affect any other part of these Terms.
Severability. If the class action waiver is found unenforceable as to any claim, that claim must be severed and decided in court, and the remaining claims will be arbitrated. If any other part of this Section 20 is found unenforceable, the rest of this Section will remain in effect. This Section 20 survives any termination of these Terms or your use of the Site.
21. Governing law and venue
Except for Section 20, which is governed by the Federal Arbitration Act, these Terms are governed by applicable federal law and, to the extent not preempted, the laws of the state in which you reside, without regard to conflict of law principles. To the extent any Dispute is permitted to proceed in court under these Terms, you and we agree to submit to the personal jurisdiction of the state and federal courts located in the county where you reside, and waive any objection to venue there.
22. State-specific rights
Some states provide consumers with rights that cannot be waived by contract. Nothing in these Terms limits any non-waivable right you have under the laws of your state. If any provision of these Terms is unenforceable in your state, that provision will be enforced to the maximum extent permitted and the rest of these Terms will remain in effect.
23. Electronic communications and signatures
You agree that these Terms, notices, disclosures and other communications may be provided to you electronically, and that electronic communications satisfy any legal requirement that such communications be in writing. Checking a box or clicking a button to submit a form constitutes your electronic signature and agreement.
24. Termination
We may suspend or terminate your access to the Site at any time, with or without notice, for any reason. Sections that by their nature should survive termination, including Sections 4 through 8 and 11 through 25, will survive.
25. General terms
These Terms and the Privacy Policy are the entire agreement between you and us regarding the Site and supersede any prior understandings. If any provision is held invalid or unenforceable, it will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force. Our failure to enforce any right or provision is not a waiver. You may not assign these Terms without our prior written consent; we may assign them without restriction. Headings are for convenience only. The words “including” and “include” mean “including without limitation.” We are not liable for any failure or delay caused by events beyond our reasonable control. No third party has any rights under these Terms except as stated in Section 17.
26. Contact us
Questions about these Terms, and any legal notices, can be sent through our Contact page. See also our Privacy Policy.