Terms of Use - TCRS

PLEASE READ THESE TERMS CAREFULLY.  IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OR CONDITIONS, DO NOT ACCESS OR OTHERWISE USE THIS WEBSITE OR ANY INFORMATION CONTAINED ON THIS WEBSITE.

IMPORTANT! THESE TERMS OF USE GOVERN YOUR USE OF THIS SITE.  BY ACCESSING THIS SITE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF USE.  These terms of use are subject to change, update and/or revision (collectively "change") by the Transamerica Institute (the “Institute”) at any time, without notice, in its sole discretion.  Your use of this site after any such change is implemented constitutes your acknowledgment and acceptance of such change.  Please consult these terms of use regularly.

Transamericainstitute.org and the websites of its two divisions, Transamericacenterforretirementstudies.org and Transamericacenterforhealthstudies.org (collectively, the “Site”), are subject to these Terms of Use.  The Institute may at any time revise these Terms of Use by updating the Site.  You are bound by any such revisions and should therefore periodically visit this page to review the most current Terms of Use.

Use of Permitted Materials on the Site
You may use and distribute the reports, surveys, articles, publications, PDFs, audio and video content, and statistics displayed by the Institute on the Site (collectively, the “Permitted Materials”) but only for non-commercial purposes.  Use of the Permitted Materials for commercial purposes is prohibited.  You are prohibited from making any modifications, changes, or alterations to the Permitted Materials.  No intellectual property rights of any kind or title are transferred to you as a result of your use of the Permitted Materials.  You must comply with all applicable statutes, laws, and regulations in connection with your use of the Permitted Materials. 

In using or distributing the Permitted Materials, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Permitted Materials.  The Institute retains the sole discretion and right to prohibit your use or distribution of the Permitted Materials if such use or distribution violates any of the provisions of this Terms of Use and you agree to cooperate with the Institute in causing any such use or distribution immediately to cease. 

Proprietary Content
Please note that all dynamic materials or content on the Site, including but not limited to calculators, interactive tools, and search mechanisms (the "Proprietary Content") is proprietary information of the Institute or the party that provided the Proprietary Content to the Institute, and it or the party that provided the Proprietary Content to the Institute retains all right, title, and interest in and to the Proprietary Content.  Proprietary Content may not be copied, reproduced, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of the Institute, which may be withheld in its sole discretion, except that you may print out a copy of the Proprietary Content solely for your personal use.  In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Proprietary Content.   Any use of the Proprietary Content except as expressly provided in these Terms of Use violates the Institute's intellectual property rights.    

Restrictions on Use
You may use this Site for purposes expressly permitted by this Site.  You may not use this Site for any other purpose, including any commercial purpose, without the Institute's prior written consent.  For example, you may not (and may not authorize any other party to): (i) co-brand this Site; or (ii) frame this Site.  For purposes of these Terms of Use, "co-branding" means to display a name, logo, trademark, or other means of attribution or identification of any party, in a manner that is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this Site or content accessible within this Site.  You agree to cooperate with the Institute in causing any unauthorized co-branding or framing immediately to cease.

Hyperlinks
This Site may be hyperlinked to other sites which are not maintained by, or related to, the Institute.  Hyperlinks to such sites are provided as a service to users and are not sponsored by or affiliated with this Site or the Institute.  The Institute has not reviewed such sites and is not responsible for their content.  Hyperlinks are to be accessed at the user's own risk, and the Institute makes no representations or warranties about the content, completeness, or accuracy of such hyperlinks or the sites hyperlinked to this Site.  The Institute is not responsible for any hyperlinked site's privacy policies or terms of use, and the Institute takes no responsibility for such sites.   A hyperlink to a service or site is not an endorsement of the service of the site, its content, or its sponsoring organization.  Furthermore, the Institute shall not be liable for any direct or indirect system damage or other problems you may incur as a result of linking to a Web Site, including consequences arising from your accessing third-party technologies, sites information and/or programs.

What Information is Collected by the Site
In general, you can visit the Site while remaining anonymous by not providing any Personal Information.  In some cases, non-personal information may be automatically collected, such as your Internet browser, computer operating system, domain name of your Internet service provider, and/or the Web Site from which you linked to our Site.  Personal Information about you (e.g., your name, e-mail address, or state of residence) will not be collected unless you provide it to us voluntarily.  The Institute may also retain information about the frequency of Site visits, duration of each visit, and aggregate information on which Site pages visitors access.  If you choose not to provide personally identifiable information, we may not be able to respond to a request, or an error message may be displayed on your browser.  For more information please access the Institute’s Website Privacy Statement.

Cookies
The Institute sends Site visitors "cookies," a small data file sent by the Site to your browser, which may then be stored on your hard drive.  The Institute’s cookie enables the Site to recognize you if you have utilized certain Site features.  In addition, the cookie may recall information so that you do not have to resubmit it, and also automatically updates Site information. If available, you may program your browser software to notify you of attempts to send cookies and/or you may decline to accept or delete them.

Disclaimer
You understand that the Institute cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses, or other code that may manifest contaminating or destructive properties.  You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this Site for the reconstruction of any lost data.  The Institute does not assume any responsibility or risk for your use of the Internet, nor does the Institute assume any responsibility for any products or services or hypertext links to third parties or for any breach of security associated with your use of this Site or your transmission of sensitive information through the Site or any hyperlinked sites.  Information obtained by using this Site is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals.  Nothing on this Site should be construed as rendering tax, legal, investment, or accounting advice.

YOUR USE OF THIS SITE IS AT YOUR OWN RISK.  All content on the Site, including the Permitted Materials and Proprietary Content (collectively, the “Site Content”), is provided "as is" and without warranties of any kind, either expressed or implied.  The Institute disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, title, or noninfringement.  The Institute does not warrant that the functions or Site Content contained in this Site will be uninterrupted or error-free, that defects, if any, will be corrected, or that this site or the server that makes it available are free of viruses, disabling devices or other harmful components.  The Institute does not warrant or make any representation regarding use, or the result of use, of the Site Content in terms of correctness, accuracy, reliability, or otherwise.  The Site Content may include technical inaccuracies or typographical errors, and the Institute may make changes or improvements at any time.  You, and not the Institute, assume the entire cost of all necessary servicing, repair or correction in the event of any loss or damage arising from the use of this Site or the Site Content.  The Institute assumes no liability or responsibility for errors or omissions in such Site Content.  

All of the information on this Site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this Site, and the Institute does not undertake any obligation to update such information after it is posted or to remove such information from this Site if it is not, or is no longer, accurate or complete.

Limitation of Liability
The Institute and its subsidiaries, affiliates, licensors, service providers, content providers, employees, volunteers, agents, officers, and directors will not be liable for any actual, direct, indirect, incidental, consequential, special, exemplary, punitive or other damages, including loss of revenue or income, pain and suffering, emotional distress, or similar damages that result from the use of, or the inability to use, the Site Content on the site, even if the Institute or a representative authorized by the Institute has been advised of the possibility of such damages.  Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. in no event will the collective liability of the Institute and its subsidiaries, affiliates, licensors, service providers, content providers, employees, volunteers, agents, officers, and directors to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed the greater of $100 or the amount you have paid for the applicable content or service out of which liability arose.

Indemnity
You will indemnify and hold the Institute, its subsidiaries, affiliates, licensors, content providers, service providers, employees, volunteers, agents, officers, directors, and contractors (the "Indemnified Parties") harmless from any breach of these Terms of Use by you, including any use of Site Content other than as expressly authorized in these Terms of Use.  You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify the Indemnified Parties against any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees in connection therewith.  You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this Site.

Trademarks, Service Marks and Copyrights
“TRANSAMERICA INSTITUTE,” “TRANSAMERICA CENTER FOR RETIREMENT STUDIES,” and “TRANSAMERICA CENTER FOR HEALTH STUDIES” and their logos are trademarks of either the Institute or Transamerica Corporation.  Unless otherwise specifically noted, images, trademarks, service marks, logos, and icons displayed on the Site are the property of the Institute, Transamerica Corporation or other parties that provided the trademarks, service marks and logos to the Institute, and may not be used without the Institute's prior written consent.  The Institute, Transamerica Corporation, and any party that provided trademarks, service marks, and logos to the Institute retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this Site.  Any unauthorized use of the images may violate copyright laws, trademark laws, privacy and publicity laws, and communications regulations and statutes.

Information You Provide
You may not post, send, submit, publish, or transmit in connection with this Site any material that:

  • you do not have the right to post, including proprietary material of any third party;
  • advocates illegal activity or discusses an intent to commit an illegal act;
  • is vulgar, obscene, pornographic, or indecent;
  • does not pertain directly to this Site;
  • threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
  • seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details, or otherwise;
  • infringes any intellectual property or other right of any entity or person, including violating anyone's copyrights or trademarks or their rights of publicity;
  • violates any law or may be considered to violate any law;
  • impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
  • advertises any commercial endeavor (e.g. offering for sale products or services) or otherwise engages in any commercial activity (e.g. conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this Site;
  • includes programs which contain viruses, worms, and/or Trojan horses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications;
  • disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise acts in a way which affects the ability of other people to engage in real time activities via this Site;
  • includes MP3 format files;
  • amounts to a "ponzi" or similar scheme;
  • disobeys any policy or regulations established from time to time regarding use of this Site or any networks connected to this Site; or
  • contains hyperlinks to other sites that contain content that falls within the descriptions set forth above.

The Institute reserves the right to monitor use of this Site to determine compliance with these Terms of Use, as well the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither the Institute nor any affiliate or third party that provides Site Content to the Institute shall assume or have any liability for any action or inaction by the Institute or such affiliate or third party with respect to any submission.

We Are Not Providing Investment Advice, Soliciting Offers or Selling
The information contained on the Site does not constitute investment advice, and is not an offer to sell or a solicitation to buy any security or any insurance product. By using the Site, you accept at your own risk that the Internet and online communications medium may not perform as intended.  Data is provided for informational purposes only and does not constitute legal, financial, tax or benefits advice.

This Site is controlled by us from our offices within the United States.  Except as specifically stated, we make no representation that the Site Content is appropriate or available for use in other jurisdictions. Access to this Site's Content from jurisdictions where such access is illegal is prohibited. If you choose to access this Site from other jurisdictions, you do so at your own risk. You are always responsible for your compliance with applicable laws. You may not use or export the materials in this Site in violation of U.S. export laws and regulations. By downloading any Site Content, you are agreeing that you are not in a country where such export is prohibited and that you are not a person or entity to which such export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of any Site Content.

Violations of Rules and Regulations
the Institute reserves the right to seek any remedy available at law or in equity for any violation of these Terms of Use, including the right to block access from a particular Internet address to this Site.

Calculator Data
The Site’s online calculators may contain data regarding retirement investing. Such information is provided for educational purposes only and does not constitute an endorsement or recommendation of any security or investment program or service or the suitability thereof for you.  The Institute does not offer legal, financial, tax or benefits advice, and the information provided in the online calculators should not be so construed.  Please consult your legal, financial, tax or benefits advisor for guidance regarding your particular situation.

Security
You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, the Institute reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.  The Institute reserves the right to investigate suspected violations of these Terms of Use.

You acknowledge and agree that you will not: (i) collect or store personal data about other users of this Site, or (ii) upload, e-mail, or otherwise transmit any material that contains viruses or any other computer code, files, or programs that might interrupt, limit, or interfere with the functionality of any computer software, hardware, database or file, or communications equipment that is owned, leased, or used by the Institute.

For your protection, the Institute may require the use of encryption technologies for certain types of communications conducted through this Site. This Site has adopted industry standard security measures to protect the loss, misuse, and alteration of the information under our control. While we provide those technologies and use other reasonable precautions to protect confidential information and provide suitable security, we do not guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions will be free from delay, interruption, interception, or error. While there is no such thing as "perfect security" on the Internet, we will take reasonable steps to insure the safety of your personal information. There is always the possibility of unknowingly acquiring computer viruses on the Internet and thus we want to warn you about infections or viral contamination on your system. It is your responsibility to scan any and all downloaded materials received from the Internet.  The Institute is not responsible or liable for any damage caused by viruses or related hazards, whether or not that virus or hazard resulted from a visit to this Site. You, and not the Institute, assume the entire cost of all necessary servicing, repair, or correction related to computer viruses.

The Institute reserves the right to fully cooperate with any law enforcement authorities, regulatory authorities, or court order requesting or directing them to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use.

BY ACCEPTING THESE TERMS YOU WAIVE AND HOLD HARMLESS THE INSTITUTE FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE INSTITUTE DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE INSTITUTE OR LAW ENFORCEMENT AUTHORITIES.

E-Mail
Certain portions of this Site may offer you the ability to e-mail a message to the Institute. E-mail functionality, if any, is provided to you to facilitate communications between you and the Institute.  The Institute shall have no liability for any loss or damage that result from interception and/or unauthorized use by third parties of any information you send by e-mail.  For information regarding the Institute's use of your e-mail address, please review the Institute’s Website Privacy Statement.

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Miscellaneous
These Terms of Use will be governed and interpreted pursuant to the laws of the state of Iowa, United States of America, notwithstanding any principles of conflicts of law.  You specifically consent to personal jurisdiction in Iowa in connection with any dispute between you and the Institute arising out of these Terms of Use or pertaining to this Site.  The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use or pertaining to the subject matter of these Terms of Use will be in the state or federal courts in Cedar Rapids, Iowa.  If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.  These Terms of Use constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this Site will govern the items to which they pertain.  The Institute may revise these Terms of Use at any time by updating this posting.  These Terms of Use constitute the entire agreement between the Institute and you with respect to your use of this Site. Any cause of action you may have with respect to your use of this Site must commence within one (1) year after the claim or cause of action arises.

Last updated: July 2013

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