Terms and Conditions

Last Updated: July 22, 2024 Welcome to the American Retirees Alliance website ("Service"). These Terms and Conditions ("Terms") govern your use of our website located at https://rothconvert.org (the "Website") and the services provided by American Retirees Alliance ("Company," "we," "our," or "us"). By accessing or using our Service, you agree to comply with and be bound by these Terms. If you do not agree with these Terms, you must not use our Service.

Interpretation and Definitions

Interpretation

Words with capitalized initial letters have meanings defined under the following conditions. These definitions have the same meaning whether they appear in singular or plural form.

Definitions

For the purposes of these Terms:

Account: A unique account created for you to access our Service or parts of our Service.

Service: Refers to the Website and any services provided through the Website.

User: Any individual accessing or using the Service, or a company or other legal entity on behalf of which such individual is accessing or using the Service.

Access to the Service

Eligibility

By using the Service, you affirm that you are at least 18 years of age or older and legally capable of entering into binding agreements. If you are under 18, you may only use the Service under the supervision of a parent or guardian.

Account Creation

To access certain features of the Service, you may be required to create an Account. You agree to provide accurate, complete, and current information when creating your Account. You are responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account.

Prohibited Uses

You agree not to use the Service for:

1. Any unlawful purpose or activity.

2. Impersonating any person or entity, or falsely representing your connection with any person or entity.

3. Distributing harmful or malicious software or engaging in any activity that disrupts the functionality of the Service.

4. Collecting or harvesting data from the Service without authorization.

We reserve the right to investigate any use of the Service that we believe violates these Terms.

Intellectual Property

The content, design, and functionality of the Service, including but not limited to logos, text, graphics, and images, are the intellectual property of American Retirees Alliance or its licensors. You may not reproduce, distribute, or modify any part of the Service without our prior written consent.

Third-Party Links

The Service may contain links to third-party websites or resources. These links are provided for your convenience and do not imply any endorsement by us. We are not responsible for the content, accuracy, or availability of any third-party websites or services.

Limitation of Liability

To the fullest extent permitted by law, American Retirees Alliance, its officers, directors, employees, agents, and licensors shall not be held liable for any indirect, incidental, special, or consequential damages arising from:

- Your use or inability to use the Service.

- Unauthorized access to or alteration of your data.

- Any other matter related to the Service.

In jurisdictions where the exclusion or limitation of liability for incidental or consequential damages is not allowed, our liability shall be limited to the fullest extent permitted by law.

Indemnification

You agree to indemnify and hold harmless American Retirees Alliance, its officers, agents, and employees from and against any claims, liabilities, damages, losses, and expenses arising out of your use of the Service, violation of these Terms, or infringement of any third-party rights.

Mediation

Before proceeding to binding arbitration, both parties agree to attempt to resolve disputes, claims, or controversies arising out of or relating to these Terms or the use of the Service through mediation in accordance with the rules of the American Arbitration Association (AAA).

1. Request for Mediation: Either party may initiate mediation by submitting a written request and notifying the other party. The mediation will be conducted by a neutral mediator selected by mutual agreement or appointed by the AAA if mutual agreement cannot be reached.

2. Location and Process: Mediation will take place in a location agreed upon by both parties or determined by the AAA. The mediation process will be confidential, and any outcome or settlement reached will be binding upon both parties.

3. Costs: The costs of mediation will be equally shared by both parties unless otherwise agreed.

4. Failure to Resolve: If mediation does not result in a resolution within 30 days (or another mutually agreed period), the dispute may proceed to arbitration as described below.

Arbitration Agreement

By using this Service, you agree that any disputes, claims, or controversies arising out of or relating to these Terms or the use of the Service shall be resolved exclusively through binding arbitration administered by the American Arbitration Association (AAA), in accordance with its Consumer Arbitration Rules.

Arbitration Process

1. Initiation of Arbitration: To begin arbitration, you must submit a written demand for arbitration to the AAA and provide a copy to us at the contact address listed below.

2. Applicable Rules: The arbitration shall be conducted in accordance with the AAA Consumer Arbitration Rules then in effect.

3. Location and Language: Arbitration shall take place at a mutually agreed location or, if no agreement is reached, at a location determined by the arbitrator. The arbitration shall be conducted in English.

4. Costs: Each party shall bear its own costs of arbitration unless otherwise determined by the arbitrator in accordance with the AAA rules.

5. Binding Decision: The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Waiver of Class Actions

You agree to resolve any disputes with American Retirees Alliance on an individual basis. Neither you nor the Company shall be entitled to participate in a class action or other representative proceeding.

Exceptions to Arbitration

The following disputes are not subject to arbitration:

1. Claims that may be brought in small claims court if they fall within its jurisdiction.

2. Actions to seek injunctive or equitable relief in a court of law to prevent the unauthorized use of intellectual property.

Termination

We reserve the right to terminate or suspend your access to the Service at our sole discretion, without prior notice, for any reason, including but not limited to your violation of these Terms. Upon termination, you must cease all use of the Service immediately.

Disclaimer

The Service is provided "as is" and "as available," without warranties of any kind, either express or implied, including but not limited to merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee that the Service will be secure, error-free, or available at all times.

Changes to These Terms

We may update these Terms from time to time at our discretion. Changes will be posted on this page, and the "Last Updated" date will be revised. Your continued use of the Service after any changes constitutes your acceptance of the revised Terms.

Governing Law

These Terms are governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles.