TERMS AND CONDITIONS
AGREEMENT TO TERMS
This website is operated by Relax Software LLC. Throughout the site, the terms “we”, “us” and “our” refer to Relax Software LLC. We offer this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, user license agreements, and notices stated here. By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink, including our Privacy Policy. These Terms of Service apply to all users of the site. Please read these Terms of Service carefully before accessing or using our website. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features, products or tools which are added to this site shall also be subject to the Terms of Service. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website or the Relax Retirement Planner following the posting of any changes constitutes acceptance of those changes. We reserve the right to refuse service to anyone for any reason at any time. The site is intended for users who are at least 18 years old. “Software”, or related terms, refers to The Relax Retirement Planner.
ACCURACY, COMPLETENESS, TIMELINESS OF INFORMATION, WARRANTIES, LIMITATION OF LIABILITY, INDEMNIFICATION, DISCLAIMER
We are not responsible if information or products made available on this site are not accurate, complete or current. The material, products or software on this site are provided for general information only and should not be used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. We do not warrant that the quality of any product, software, service, information, or other material purchased or obtained by you will meet your expectations or is error free, or that any errors in the Service will be corrected. We disclaim all warranties, express or implied, in connection with this site and your use thereof.
In no case shall Relax Software LLC, our directors, officers or employees be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. Moreover, notwithstanding anything to the contrary contained herein, our liability to you for any cause will be limited to the amount paid to us.
You agree to indemnify, defend and hold harmless Relax Software LLC and our owners, officers, directors and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
END USER LICENSE AGREEMENT
Downloading and installing the Relax Retirement Planner entitles the user to a 60-day license (beginning from the date of installation) free of charge. After the 60-day trial, users may renew the license for a fee for a one- or two-year period. Failure to successfully renew the license at the end of any license term will render the software inoperable.
During installation, users must “accept” the End User License Agreement (EULA) before the software is installed. The EULA sets forth the terms and conditions of your use of the Relax Retirement Planner. Users should carefully read the terms and conditions of the EULA. BY CLICKING THE ACCEPTANCE BUTTON AND INSTALLING THE SOFTWARE AND/OR DISTRIBUTING THE LINK THAT GIVES ACCESS TO THE SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THE EULA.
The EULA grants either a personal or professional license. A personal license entitles you and your spouse to use the software for personal reasons on no more than one computer. A professional license is limited to users that engage in business to develop, create, or use retirement or retirement-related scenarios or calculations generated by the software for others. A purchased license is required for each user on each device.
NO REFUNDS AFTER LICENSE RENEWAL
Users are allowed to download, install and use for 60 days (60-day license) from the date of installation a full-featured version of the Relax Retirement Planner free of charge. After the 60-day free trial period expires, users will be required to renew the license for a one or two-year period for a fee in order to continue to use the planner. License renewal fees are subject to change at anytime without notice. There are no refunds of the renewal fee.
MODIFICATION OF SERVICE
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
THIRD PARTY LINKS
Links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials, information, products, or services.
COPYRIGHT, TRADEMARKS, INTELLECTUAL PROPERTY RIGHTS
Except for third-party images, logos and names, all content appearing on this website, the intellectual property rights for all content, and the Relax Retirement Planner, including its likeness of forms and images, are the property of Relax Software LLC. Copyright © 2023 Relax Software LLC. All rights reserved. As a user, you are NOT authorized to copy, duplicate, republish, sell, rent, sub-license, or distribute any content, documents, likenesses or materials contained on this Web site or within the Relax Retirement Planner. Purchasers of the software or User Guide agree not to distribute, copy, duplicate, email, forward, send, re-send, sell, re-sell or license the software, the digital link, or the User Guide in any way.
All brand, product, service, images and process names appearing on this website are trademarks of their respective holders. Reference to our use of a product, service, or process does not imply a recommendation, approval, affiliation, or sponsorship of that product, service or process by Relax Software LLC. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of Relax Software LLC or any third party, except as expressly granted herein. Third party images, logos, and names, including but not limited to, Apple, Microsoft, Norton, and DigiCert, appearing on this site do not imply these third parties have validated, analyzed, tested, recommended, approved, endorsed or sponsored our products.
DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA'“)
Relax Software LLC respects the intellectual property rights of others. Per the DMCA, Relax Software LLC will respond to legitimate claims of copyright infringement on the Site if submitted to Relax Software’s Copyright Agent as described below. Upon receipt of a notice (“notice”) alleging copyright infringement, Relax Software will take whatever action it deems appropriate within its sole discretion, including removal of the allegedly infringing materials and termination of access for repeat infringers of copyright protected content. Be advised that you may be held liable for damages under federal law if you make material misrepresentations in the notice.
If you believe that your intellectual property rights have been violated by Relax Software LLC or by a third party who has uploaded materials to our website, the notice should be sent to the designated Copyright Agent listed below and meet the requirements of DMCA 17 U.S.C 512(c), including:
A description of the copyrighted work or other intellectual property that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Site;
An address, telephone number, and email address where we can contact you and, if different, an email address where the alleged infringing party, if not Relax Software LLC, can contact you;
A statement that you have a good-faith belief that the use is not authorized by the copyright owner or other intellectual property rights owner, by its agent, or by law;
A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner's behalf;
Your electronic or physical signature.
Relax Software LLC may request additional information before removing any allegedly infringing material.
Pursuant to 17 U.S.C. 512(c). Relax Software LLC’s designated Copyright Agent is:
Relax Software LLC
6596 Aria Village Drive
Sandy Springs, GA 30328
COOKIES
This website may employ the use of cookies and by using this site, you consent to the use of cookies in accordance with our Privacy Policy located on this website. Most of the modern day interactive web sites use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate/advertising partners may also use cookies.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, reviews, plans, or other materials, (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. You agree that any submission and their contents along with related intellectual property rights will automatically become the property of Relax Software LLC, without any compensation to you. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service except as required by law.
PRIVACY
We respect your privacy and do not share your information with anyone. This website does not market the email address information of customers to outside sources. When our payment forms ask for credit card and billing information, that information is encrypted during transmission using secure-socket-layer (“SSL”) technology. See our Privacy policy on this site for additional information.
SALES TAX
In Georgia, the licensing of prewritten computer software delivered electronically is not considered a sale of tangible personal property and therefore is not subject to sales and use tax. In the future, we may be required to collect sales taxes.
SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be interpreted so as to best accomplish the original provision and be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
DISPUTE RESOLUTION, GOVERNING LAW
Both parties agree that any disputes must be initiated within 60 days of user’s purchase. Both parties expressly waive a trial by jury and agree to informal negotiations for a period of 60 days before initiating arbitration. If both parties are unable to resolve a dispute during informal arbitration, the dispute will be resolved through binding arbitration. In the event of litigation both parties agree that the Law of the State of Georgia shall apply and both parties shall consent to the jurisdiction of Georgia’s courts, or in the event of diversity of citizenship, the Unites States District court for the (district).
MISCELLANEOUS
Void where prohibited: Any offer for any product or service made in the materials of this website is Void where prohibited.