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Terms Of Use

Terms Of Use

Terms Of Use

PLEASE READ THESE TERMS OF USE CAREFULLY.

By accessing or otherwise using this site, you agree to be bound contractually by these Terms of Use.

 

TERMS OF USE AND DMCA NOTICE

 

These Terms and Conditions of Use are effective as of June 13, 2018

 

To review material modifications and their effective dates scroll to the bottom of the page.

Notice Regarding Dispute Resolution: You will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.

 

  1. Parties.

The parties to these Terms of Use are you, and the owner of this https://RetireCheap.TV/members website business, Retire Cheap Asia. All references to “we”, “us”, “our”, this “website” or this “site” shall be construed to mean this website business and Retire Cheap Asia.

 

  1. Use and Restrictions.

Subject to these Terms of Use and our Privacy Policy, you may use the public areas of this site, but only for your own internal purposes. You agree not to access (or attempt to access) this site by any means other than through the interface we provide, unless you have been specifically allowed to do so in a separate agreement. You agree not to access (or attempt to access) this site through any automated means (including use of scripts or web crawlers), and you agree to comply with the instructions set out in any robots.txt file present on this site. You are not authorized to (i) resell, sublicense, transfer, assign, or distribute the site, its services or content; (ii) modify or make derivative works based on the site, its services or content; or (iii) “frame” or “mirror” the site, its services or content on any other server or Internet-enabled device. Regardless of how you use the Site, you must agree to the terms set forth in this Agreement, and by using the Site you agree to be bound by this Agreement. If you do not agree to any of the terms in this Agreement, do not access, visit or use the Site. All rights not expressly granted in this Agreement are reserved by us and our licensors.

 

  1. Modification.

We reserve the right to modify these Terms of Use at any time, and without prior notice, by posting an amended Terms of Use that is always accessible through the Terms of Use link on this site’s home page. You should scroll to the bottom of this page periodically to review material modifications and their effective dates. YOUR CONTINUED USE OF THIS SITE FOLLOWING OUR POSTING OF A MODIFICATION NOTICE OR NEW TERMS OF USE ON THIS SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE MODIFICATION OR NEW TERMS OF USE.

 

  1. Site Offerings.

We may make certain services available to visitors of the Site. For example, you may be able to purchase goods or services, sign up for a mailing list to receive relevant advertisements and other information that may be of interest to you, post comments and communicate with us or other users, sign up for promotional offers and sweepstakes, download screensavers or other software, or use any other services we may offer from time to time (collectively referred to in this Agreement as the “Site Offerings”).

 

We reserve the right, for any reason and in our sole discretion, to terminate, change, suspend or discontinue any of our Site Offerings or other feature of the Site, including, but not limited to, content, features or hours of availability. We may also impose limits on certain features of the Site or restrict your access to part or all of the Site without notice or penalty. We may also require that you register with us (as described below) to use the Site or any of the Site Offerings. Our right to suspend or terminate access to the Site Offerings at any time is further described in Section 17.

 

  1. Your Use of the Site and Affirmative Representations.

By entering into this Agreement and using the Site, you represent and warrant that: (a) the information you submit is truthful and accurate; (b) you will update your contact information if it changes so that we may contact you about changes to this Agreement or other important information; (c) your use of the Site will not violate any applicable law or regulation; (d) you are 13 years of age or older; (e) you will comply with the obligations and restrictions set forth in this Agreement; and (f) you are of sufficient legal age or otherwise have legal capacity to legally enter into this Agreement.

 

  1. User Content.

Users are entirely and solely responsible for the comments, information and other content they provide and post on or transmit through the Site (“User Content”). By contributing in any way to the Site, including, but not limited to, posting comments to the Site through an applicable third-party social media service, you represent and warrant that you own or have sufficient rights to the User Content you submit or post.

 

Users are encouraged to exercise caution and good judgment when disclosing personal information (such as, name or user name, email address, phone number) on the public portions of this Site that allow users to post comments, communicate with us or other users, or otherwise interact with the Site.

 

Please refer to our Privacy Policy for more information about User Content posted or submitted to the Site.

 

  1. License to Your User Content.

You hereby expressly grant us a perpetual, non-exclusive, royalty-free, sublicenseable, world-wide license to use in any way, copy, republish or sell your User Content. You agree and acknowledge that by using the Site, any and all communications and/or information transmitted by you to or through the Site will not be treated as confidential or proprietary.

 

  1. How We Treat Postings To This Site (Blog, Forum, or Chat Room).

8.1 We will not treat information that you post to areas of this site that are viewable by others (for example, to a blog, forum or chat-room) as proprietary, private, or confidential. We have no obligation to monitor posts to this site or to exercise any editorial control over such posts; however, we reserve the right to review such posts and to remove any material that, in our judgment, is not appropriate. Posting, transmitting, promoting, using, distributing or storing content that could subject us to any legal liability, whether in tort or otherwise, or that is in violation of any applicable law or regulation, or otherwise contrary to commonly accepted community standards, is prohibited, including without limitation information and material protected by copyright, trademark, trade secret, nondisclosure or confidentiality agreements, or other intellectual property rights, and material that violates export control laws.

 

8.2 We, in our sole discretion and without notice, reserve the right, but undertakes no duty, to review, edit, remove or delete any material submitted as a comment to blog, forum or chat-room provided for display or placed on this site. Specifically, we reserve the right to delete or decline to post content that contains profanity; sexual content; overly graphic, disturbing or offensive material; vulgar or abusive language; hate speech, defamatory comments, or offensive language targeting any specific demographic; personal attacks of any kind; spam; promotions for commercial products or services.

 

8.3 By submitting a comment for posting, you agree that we are not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive or illicit material, even material that violates this Agreement.

 

  1. Prohibited User Conduct.

You represent and warrant that, while using the Site, you will not upload, post, transmit to, distribute or otherwise publish through the Site any User Content that:

(a) violates our or any other person’s privacy rights, publicity rights, intellectual property rights (including without limitation copyrights and trademarks) or contract rights;

 

(b) is unlawful, threatening, harassing, profane, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), is invasive of another’s privacy, or hateful, or solicits personal information from anyone under the age of 13 or exploits anyone in a sexual or violent manner;

 

(c) restricts or inhibits any other user from using and enjoying the Site;

 

(d) constitutes or encourages conduct that would constitute a criminal offense or give rise to civil liability; or

 

(e) contains a virus or other harmful component, advertising of any kind, or false or misleading indications of origin or statements of fact.

 

You also represent and warrant that while using the Site you will not:

 

(i) impersonate or misrepresent your affiliation with any other person or entity;

 

(ii) upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained through the Site for commercial purposes (other than as expressly permitted by the provider of such information or other material);

 

(iii) engage in spamming or otherwise send unsolicited commercial communications, or interfere with or disrupt the Site or the networks or services connected to the Site in any other way;

 

(iv) install or attempt to install or promote spyware, malware or other computer code, to enable you or others to gather information about or monitor activities of other persons, or otherwise attempt to gain unauthorized access to other computer systems through the Site; or

 

(v) use the Site for any unauthorized purpose.

 

  1. Defamation; Communications Decency Act Notice.

This site is a provider of “interactive computer services” under the Communications Decency Act, 47 U.S.C. Section 230, and as such, our liability for defamation and other claims arising out of any postings to this site by third parties is limited as described therein. We are not responsible for content or any other information posted to this site by third parties. We neither warrant the accuracy of such postings or exercise any editorial control over such posts, nor do we assume any legal obligation for editorial control of content posted by third parties or liability in connection with such postings, including any responsibility or liability for investigating or verifying the accuracy of any content or any other information contained in such postings.

 

  1. Monitoring.

We reserve the right, but not the obligation, to monitor your access and use of this site without notification to you. We may record or log your use in a manner as set out in our Privacy Policy that is accessible though the Privacy Policy link on this site’s home page.

 

  1. Registration; Usernames and Passwords.

You may be required to register with us to access certain areas of the Site. In our sole discretion, we may refuse to grant you, and you may not use, a user name or email address that: (a) belongs to or is already being used by another person or entity; (b) may be construed as impersonating another person; (c) violates the intellectual property or other rights of any person; (d) is offensive; or (e) we reject for any other reason.

 

You are responsible for maintaining the confidentiality of any password you may use to access the Site. You represent and warrant that you will not transfer your password or user name, or lend, sell, link, exploit for any commercial purposes or otherwise transfer your use of or access to the Site, to any third party. You are fully responsible for all actions that occur in connection with your user name. You agree to immediately notify us of any unauthorized use of your password or user name or any other breach of security related to your account, your user name or the Site.

 

  1. Separate Agreements.

You may acquire products, services and/or content from this site. We reserve the right to require that you agree to separate agreements as a condition of your use and/or purchase of such products, services and/or content.

 

  1. Our Intellectual Property Rights.

The Site and its entire contents, including, but not limited to, the trademarks, service marks, logos, text, information, material, software and graphics contained on this Site, are owned by us, our affiliates or our or their licensors or licensees (collectively, the “Materials”), or our users who submit contributions. The Materials are protected by copyright, trademark and other intellectual property laws and treaties. We make no proprietary claim to any third-party content, names, trademarks or service marks appearing on this Site, which are the properties of their respective owners. The Site and the Materials are for your information and personal use only and not for commercial exploitation by you. In addition, you may not (a) modify the Materials or use them for any commercial purpose, or any other public display, performance, sale, or rental; (b) decompile, reverse engineer, or disassemble software materials; (c) remove any copyright notice or other proprietary notices from the Materials; or (d) transfer the materials to another person. We reserve all rights not expressly granted in this Agreement.

 

  1. DMCA Notice.

This site is an Internet “service provider” under the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (“DMCA”). As required by the DMCA, this site maintains specific contact information provided below, including an e-mail address, for notifications of claimed infringement regarding materials posted to this site. We have a policy of terminating, in appropriate circumstances, the access rights of repeat infringers. Pursuant to the Digital Millennium Copyright Act (“DMCA”) (available at http://www.copyright.gov/title17/92chap5.html#512), notifications of claimed copyright infringement must be sent to our designated agent. All notices should be addressed to the contact person specified below (our agent for notice of claimed infringement):

 

Notification of Claimed Infringement:

RC Asia

3783 38th Ave N.

Saint Petersburg, FL, 33713

Agent’s Name/Email Address: RetireCheap@gmail.com

Telephone: 1-727-238-5732

You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material and we will investigate those complaints. If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the material has been blocked or removed.

 

In notifying us of alleged copyright infringement, the DMCA requires that you include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or e-mail address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.

 

  1. Our Right to Monitor the Site.

We reserve the right, but do not undertake the obligation, to monitor conduct or content posted on or transmitted through the Site. We may disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Site properly, or to protect ourselves or our users. We reserve the right, but undertake no obligation, to refuse to post or to remove any User Content or Materials, in whole or in part, that, in our sole discretion, are unacceptable, undesirable, inappropriate or in violation this Agreement.

 

  1. Indemnity.

You agree to defend, indemnify and hold us, our directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Site, including, without limitation, your User Content.

 

  1. Termination of Access; Changes to the Site.

WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART OF IT, OR TO CHANGE, SUSPEND OR DISCONTINUE ANY ASPECT OF THIS SITE FOR ANY REASON OR NO REASON AT ALL, AT ANY TIME, WITH OR WITHOUT NOTICE.

 

  1. Warranty Disclaimers.

EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENTS SIGNED BY THE PARTIES, THE SERVICES, CONTENT, AND/OR PRODUCTS ON THIS SITE ARE PROVIDED “AS-IS”, AND NEITHER WE NOR ANY OF OUR LICENSORS MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO SUCH PRODUCTS, SERVICES, AND/OR CONTENT.

 

EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENT SIGNED BY THE PARTIES OR SEPARATE AGREEMENT ORIGINATING FROM THIS SITE, THIS SITE AND ITS LICENSORS SPECIFICALLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THIS SITE OR PRODUCTS, SERVICES AND/OR CONTENT ACQUIRED FROM THIS SITE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE.

 

THIS SITE AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS PRODUCTS, SERVICES, AND/OR CONTENT: (A) WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

 

THIS SITE PROVIDES INFORMATION AND SOFTWARE-AS-A-SERVICE ONLY.  THIS SITE IS NOT A “LAWYER REFERRAL SERVICE” AND DOES NOT PROVIDE OR PARTICIPATE IN ANY LEGAL REPRESENTATION.

 

THIS SITE IS NOT A LAW FIRM, AND Retire Cheap Asia OR IT’S CONTENT PROVIDERS ARE ACTING AS YOUR ATTORNEY THROUGH YOUR USE OF THIS SITE, ITS SERVICES AND CONTENT. THIS SITE IS NOT INTENDED TO CREATE AN ATTORNEY-CLIENT RELATIONSHIP, AND NO ATTORNEY-CLIENT RELATIONSHIP WILL BE CREATED OR LEGAL ADVICE GIVEN THROUGH YOUR USE OF THIS SITE, ITS SERVICES AND CONTENT. NO SPECIAL RELATIONSHIP OR PRIVILEGE EXISTS BETWEEN YOU AND THIS SITE. YOU WILL BE REPRESENTING YOURSELF IN ANY LEGAL MATTER YOU UNDERTAKE AS A RESULT OF YOUR USE OF THIS SITE, ITS SERVICES AND CONTENT. THIS SITE PROVIDES (I) ARTICLES, NEWSLETTERS, AND CONTENT FOR INFORMATIONAL PURPOSES ONLY. IN THE PROCESS OF PROVIDING THIS INFORMATION, THIS SITE IS ENGAGED IN THE PUBLICATION OF INFORMATION REGARDING LEGAL ISSUES COMMONLY ENCOUNTERED. THIS SITE IS NOT A SUBSTITUTE FOR THE ADVICE OF AN ATTORNEY.

 

THIS SITE DOES NOT REVIEW ANY OF YOUR ANSWERS TO QUESTIONS FOR SUFFICIENCY, PROVIDE LEGAL ADVICE, OR ANALYZE APPLICABLE LAW AND APPLY IT TO YOUR SPECIFIC REQUIREMENTS. ACCORDINGLY, IF YOU NEED LEGAL ADVICE FOR A SPECIFIC ISSUE, YOU ARE ADVISED TO SEEK THE ADVICE OF AN ATTORNEY.

 

THIS SITE, CHIP COOPER, AND JONES & HALEY SPECIFICALLY DISCLAIM ANY LIABILITY, LOSS, OR DAMAGE ARISING OUT OF YOUR USE OF THIS SITE, ITS SERVICES, AND CONTENT. THESE DISCLAIMERS CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT.

 

  1. Limitation of Liability.

IN NO EVENT SHALL THIS SITE AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SITE, ITS PRODUCTS, SERVICES, AND/OR CONTENT, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE, EVEN IF THIS SITE OR OUR LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

  1. Payment Terms.

The site operates on a business model based on membership levels. Each level allows full access to all content on the site but not to supplementary stand-alone products or services unless stated in the advertisement or promotion of such level stating inclusivity of stand-alone supplementary products or services.

 

  1. Recurring subscription payments.

The site operates on a business model based on membership levels each having a specific payment amount and duration of access to the site in accordance to the specific level purchased. The payments are processed through PayPal payment processor and are recurring subscription payments.

 

  1. Membership Cancellation.

Membership can be canceled at any time by using the cancel membership tab in the member dashboard or by logging into your PayPal account and navigating to: your Profile section – Financial Information – My Pre-Approved Payments and hit update. Look for and cancel the recurring payment for RC Asia. This will cancel the membership as well but allow access to the site for the duration of the previously paid period of time.

 

  1. Suspended & Canceled Profiles.

PayPal payment processor processes all payments and integrates with the site allowing log in and access to the site. Any payment missed will be attempted multiple times and if not completed the PayPal payment profile for RC Asia will be put into a suspended state and the membership status within the site will be canceled thereby discontinuing log in capabilities to the site.

 

  1. Refund Policy.

RC Asia contributes proceeds from membership dues to charitable projects and therefore limits the time allowed for initial refunds to 14 days. It is the responsibility of the member to cancel their PayPal recurring payment profile and no responsibility is given or implied otherwise. RC Asia takes no responsibility in the process of cancellation of the membership payment profile.

 

Although RC Asia makes no claim at cancellation responsibility, RC Asia does understand that members might forget to cancel their PayPal recurring profile so RC Asia allows a 7 day grace period occurring after subsequent recurring payments thereby giving members 7 days to contact support (retirecheap@gmail.com) and take full responsibility for neglecting to cancel in a timely manner and to explain the situation. RC Asia will review this on a case by case basis regarding granting the full refund of the payment.

 

  1. Links to This Site.

We grant to you a limited, revocable, and nonexclusive right to create a hyperlink to this site provided that the link does not portray us or our products or services in a false, misleading, derogatory, or offensive matter. You may not use any logo, trademark, or trade name that may be displayed on this site or other proprietary graphic image in the link without our prior written consent.

 

  1. Links to Third Party Websites.

We do not review or control third party websites that link to or from this site, and we are not responsible for their content, and do not represent that their content is accurate or appropriate. Your use of any third party site is on your own initiative and at your own risk, and may be subject to the other sites’ terms of use and privacy policy.

 

  1. Participation in Promotions of Advertisers.

You may enter into correspondence with or participate in promotions of advertisers promoting their products, services or content on this site. Any such correspondence or participation, including the delivery of and the payment for products, services or content, are solely between you and each such advertiser.

 

  1. Other Countries.

We control and operate the Site from our offices in the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so at their own risk, and are responsible for compliance with the laws of that territory.

 

  1. Consumer Rights Information; California Civil Code Section 1789.3. If this site charges for services, products, content, or information, pricing information will be posted as part of the ordering process for this site. We maintain specific contact information including an e-mail address for notifications of complaints and for inquiries regarding pricing policies in accordance with California Civil Code Section 1789.3. All correspondence should be addressed to our agent for notice at the following address:

 

Notification of Consumer Rights Complaint or Pricing Inquiry:

RC Asia

3783 38th Ave N.

Saint Petersburg, FL, 33713

Agent’s Name/Email Address: RetireCheap@gmail.com

Telephone: 1-727-238-5732

You may contact us with complaints and inquiries regarding pricing and we will investigate those matters and respond to the inquiries.

 

The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254.

 

  1. Legal Disputes.

Initial Dispute Resolution. We are available by email at RetireCheap@gmail.com to address any concerns you may have regarding your use of the Site. Most concerns may be quickly resolved in this manner. Each of you and RC Asia agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.

 

  1. Onward Transfer of Personal Information Outside Your Country of Residence.

Any personal information which we may collect on this site will be stored and processed in our servers located only in the United States. If you reside outside the United States, you consent to the transfer of personal information outside your country of residence to the United States.

 

  1. Privacy.

Please review this site’s Privacy Policy which also governs your visit to this site. Our Privacy Policy is always accessible on our site’s home page.

 

  1. Independent Contractors.

No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind us in any respect whatsoever.

 

  1. No Third Party Beneficiaries.

This Agreement is between you and us. There are no third-party beneficiaries to this Agreement.

 

  1. Non-Waiver.

The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

 

  1. Severability.

If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.

 

  1. Assignment.

This Agreement is not assignable, transferable or sub licensable by you except with our prior written consent. We may transfer, assign or delegate this Agreement and our rights and obligations without consent.

 

  1. Entire Agreement.

This Agreement supersedes all prior and contemporaneous agreements, representations and warranties and understandings, whether oral or written, with respect to the Site, the Site’s contents and any services provided on the Site, including amendments to this Agreement that are not posted on the Site and that do not fall under Section 1 (Modifications). In the event of any conflict between this Agreement and any other agreement or understanding related to the Site, this Agreement shall control.

>>Material Modifications<< Since June 13, 2018: June 20, 2018.

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