Terms and Conditions

Terms and Conditions

Welcome to the website (“Site”) of Self Direct Your Retirement, LLC (a Massachusetts Limited Liability Company) (“SDYR” “we” or “us”), www.selfdirectyourretirement.com (the "site" or "website"). SDYR is the sole owner of this Site and all of its content, inclusive of any reports, research, documents, data, and any SDYR emails (collectively the "Content"). Set out below are terms and conditions for use of this Site. You agree to be bound by these terms if you use our Site. Be sure to check this page periodically for updates, as your continued use of the Site signifies your acceptance of any changed items.

No Investment Advice

You acknowledge that the Content available on the Site is for informational purposes only and should not be construed as investment advice or a recommendation that you, or anyone you advice, should buy or sell any security or other investment, or undertake any investment strategy discussed or evaluated on the Site. Moreover, if an investment firm, financial services firm, bank, trust company, custodian, third party administrator, tax preparer, attorney, or other related services firm (collectively known as "service providers") is described or mentioned in our Site's Content, you acknowledge that such description or mention does not constitute a recommendation by SDYR that you engage or otherwise use such firm.

While the Content available on the Site comprises information, research, and data about particular investments, you shall not construe such Content as constituting representations on our part that any security, non-security investment or investment strategy is suitable for you, or for anyone you advise. In this regard, you acknowledge that not all securities, non-security investments or investment strategies are suitable for all investors.

In view of the foregoing, you acknowledge and agree that, prior to making any investments, you will make your own independent verification of financial information and evaluation of the investment merits and suitability for you, or anyone you advise, of the securities, non-security investments, or investment strategies, that may be presented, evaluated or discussed within our site's Content. You further agree that you will not use any of the Content for or in connection with making tax, legal, investing or accounting decisions, or advising others regarding tax, legal, investment, or accounting matters.

Nothing contained in the Content should be considered a recommendation or advice to purchase or sell any security or non-security investment, or to undertake a particular investment strategy.

Our Intellectual Property​

All of the Content on our Site is protected by United States and international copyright laws and is the property of Self Direct Your Retirement, LLC and the content providers thereof. The United States Copyright Act imposes liability of up to $150,000 for each act of willful infringement of a copyright. We aggressively enforce our Intellectual Property rights.

The SDYR name and SDYR-branded seals, logos, and related marks are registered trademarks/design marks/service marks of SDYR. Any patents related to this site or the operations of this site are registered by SDYR. All rights reserved.

Our Site and all of its contents (articles, text, photographs, images, illustrations,graphics, video material, audio material, and software collectively, the “Intellectual Property”), are protected by copyright, trademark, patent, and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by SDYR or the party credited as the provider of the Intellectual Property. Additionally, the Site itself is protected by copyright as a collective work and/or compilation.

​No portion of this Site may be reproduced, duplicated, copied, sold, or otherwise exploited for any commercial purpose that is not expressly permitted by SDYR in writing.

Your ability to access this Site has been given by SDYR as a result of your purchasing the access to certain content on the Site. You will only have access to the content you have purchased. You do not acquire ownership rights of any kind whatsoever by virtue of purchasing access to the Content. The Content you purchased access to is for your individual use only and cannot be shared with anyone. You may not reproduce this content. You must keep intact all copyright, trademark and other notices contained in your personal copies. The Content on this Site is not allowed to be downloaded, unless explicitly stated on the Site. Except as otherwise provided in these Terms & Conditions, you may not reproduce or allow others to reproduce copies of the purchased Content, nor may you make them available electronically without our express written consent. You may not save or archive any portion of the material appearing on the Site. You may not attempt to alter or modify the content posted on the Site. Except as expressly set forth in these Terms & Conditions,you may not copy, download, display, distribute, publish, enter into a database, perform, modify, create derivative works, transmit, post, decompile, reverse engineer, disassemble or in any way exploit any of our Intellectual Property or the Site itself.

Communication Policy​

While we are happy to have you contact us by telephone, surface mail, electronic mail or facsimile transmission, merely communicating with SDYR or a SDYR representative does not create an advisory fiduciary relationship unless and until an agreement has been executed between you and the firm. Please do not convey to us any information you regard as confidential unless a formal advisor-client relationship has been established. Any information we receive from you prior to the formal establishment of such a relationship may not be confidential.

SDYR is the sole owner of data collected on this site. We will not sell, share, or rent any personally identifiable data to others, in ways different from what is disclosed in this statement. SDYR collects information from our users at several different points on our website.

Our Website offers several opportunities for visitors to register for informational update and alert mailings. These registration and sign-up forms are often linked to the SDYR mailing list and require the user to give contact information (such as name and email address). We use this contact information to send users information about SDYR and their selected areas of interest when requested or necessary. Users may opt-out of receiving future mailings at any time.

Proper Use of the Site

You may not use this Site for any purpose that is unlawful or prohibited by this Terms and Conditions statement or cause damage on or through this Site. You promise that none of your communications with or through the Site will violate any applicable local, state, national or international law.

You agree to defend, indemnify and hold SDYR, all Related Persons and content providers harmless from and against any and all actual or threatened actions, claims, demands, proceedings, penalties, losses, liabilities, damages, costs and expenses including, without limitation, reasonable legal fees, and professional and expert fees and costs, arising directly or indirectly from or related to  (i) your material breach of any of the Terms and Conditions of this Agreement; (ii) your access to and/or use of our Site or its Content; (iii) your violation of any of our Intellectual Property rights, or the rights of content providers; (iv) your access to the Site and/or use of the Content in violation of any applicable law, rule or registration; or (v) your failure to maintain the security and confidentiality of your User ID in accordance with this agreement.

Site Content

The Content to the Site has been carefully compiled from sources which we believe to be accurate and reliable. However, we make no claims, representations or warranties as to the accuracy, completeness, timeliness, reliability or truth of any of the material comprising the Content. The Content is presented without any express or implied warranties of any kind whatsoever. Simply stated, the Content available on our Site is provided on an "As Is" basis.

Any opinion, judgement, or analysis of a content provider who is quoted or otherwise reflected in the Content on our Site shall be understood to be the opinion, judgement or analysis of that person alone, and not that of any firm which employs such person or with whom such person may be affiliated. It is acknowledged that other persons employed  by or affiliated with such firm may have entirely different opinions, judgements, or analyses with respect to the same subject.

Related Persons

SDYR's officers, directors, members, managers, employees, and/or principals (collectively know as "Related Persons") may personally or for clients via an advisory relationship use one or more of the Service Providers named on the Site.

Compensation

SDYR receives compensation in connection with the publication of Site Content in the form of one-time or continuous subscription fees charged to subscribers and reproduction of re-dissemination fees charges to subscribers or others interested in the Content. SDYR may also receive compensation from selected other sources, including but not limited to affiliate referral fees from sales of books or other items by Amazon.com, advertisements located on the Site and/or disseminated via email or other communications, sponsored content or links, and consulting relationships.

SDYR does not get directly compensated by any of the Service Providers in exchange for being presented on the Site, with exception of the foregoing.

Disclaimer of Warranty, Limitation of Liability, and Release

SDYR does not guarantee the accuracy of information found on the Site. Your reliance on information found on the Site is at your own risk.

THE SITE AND ALL ITS CONTENTS IS PROVIDED TO YOU “AS IS.” SDYR MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES, DATA ACCURACY, OR QUIET ENJOYMENT. UNDER NO CIRCUMSTANCES WILL SDYR OR ANY OTHERS INVOLVED IN CREATING THE SITE AND ITS CONTENTS BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES RESULTING FROM ANY CIRCUMSTANCE INVOLVING THE SITE OR ITS CONTENT (INCLUDING BUT NOT LIMITED TO DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, UNAUTHORIZED USE OF THIS SITE, LOST DATA, DELAY IN OPERATION OR TRANSMISSION, BREACH OF SECURITY, LINE FAILURE, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THIS SITE, OR COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER HARMFUL COMPONENT), EVEN IF YOU HAVE ADVISED SDYR IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGE. SDYR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE MATERIALS ON THIS SITE IN TERMS OF THEIR TIMELINESS, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WHILE WE MAKE REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION ABOUT SDYR ON THIS SITE, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS UP TO DATE OR THAT THIS SITE CONTAINS ALL THE RELEVANT INFORMATION AVAILABLE ABOUT OUR COMPANY. WE UNDERTAKE NO OBLIGATION TO VERIFY OR MAINTAIN THE CURRENCY OF SUCH INFORMATION.

​Applicable laws may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. However, in no event shall SDYR aggregate liability to you or any third party for damages, losses, and causes of action exceed the amount paid by you, if any, for accessing this Site or U.S.$100.00, whichever is lesser. You agree to bring any and all actions within one year from the date of the accrual of the cause of action, and that actions brought after this date will be barred.

​In the event that you have a dispute with SDYR about the Site, you release SDYR (and our officers, directors, agents, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Your sole remedy for dissatisfaction or dispute with this Site is to stop using this Site.

By accessing the Site, you agree that you will bear full responsibility for your own investment research and decisions. You agree that SDYR, as well as related persons and content providers, will under no circumstances be liable to you or any other party for any damages, injuries or losses, including lost profits, direct, indirect, special, incidental, exemplary, punitive, or consequential damages, injuries or losses of any kind resulting from your use or downloading of any content on our Site, or on any third-party website linked to our Site, including, without limitation, any damages, injuries or losses resulting from any investment decision made or action taken by you or others based upon any of the Content on our Site, or that of any third-party website linked to our Site. The foregoing negation of liability encompasses, but is in no way limited to, damages, injuries, and losses caused in whole or in part by the negligence of SDYR, related persons and/or content providers, or by events beyond the control of any of the foregoing in creating or delivering any of the content on our site.

Refund Policy

No refunds will be provided for Site Content except as described herein.

Any restricted Content which is made available only by purchasing access to it is considered Purchased Content ("Purchased Content"). Any request for a refund of Purchased Content must be made within 10 business days ("Refund Period") to be allowed. This Refund Period will supersede any other claimed period of time on the Site or on external websites.

All purchasers of the Site Content, with exception of the institutional version of the Site Content ("Institutional Content") and any Content including one or more Self Directed IRA Custodian and Administrator Company Profiles ("Company Profile(s)"), shall have access to this Refund Period. Refunds are not permitted for purchasers of the Institutional Content and/or Company Profiles. If a person purchases a bundled product which includes  the ability to purchase a Company Profile, the Refund is only valid if the person does not complete the purchase of the additional profiles. Once the Company Profiles have been added to the person's order and the order is completed, this will void the Refund Period and no refund will be provided.

When a purchaser of the Site Content claims a refund, the funds will be refunded in a reasonable and timely manner, and the purchaser (including any immediate family) shall be permanently banned from future access of the Purchased Content on the Site. If a user is found to have accessed the Site after claiming a refund, their user login will immediately be shut off and no further refund will be given. We protect our content to the full extent of the law. ALL CONTENTS ON THIS SITE ARE COPYRIGHT 2016 SELF DIRECT YOUR RETIREMENT LLC. ALL RIGHTS RESERVED: REPRODUCING ANY PART OF THIS SITE IS PROHIBITED WITHOUT THE EXPRESS WRITTEN CONSENT OF SELF DIRECT YOUR RETIREMENT, LLC. Protected by U.S. Copyright Law {Title 17 U.S.C. Section 101 et seq., Title 18 U.S.C. Section 2319}: Infringements can be punishable by up to five years in prison and $250,000 in fines.

Request for refunds should be directed to the customer service department, support@selfdirectyourretirement.com. You may be required to provide details of the transaction in order to process your refund in a timely manner.

Delivery Policy

Once payment has been received and processed by SDYR, subscribers will receive account activation information that will allow them to access the purchased Content.

Site Access

SDYR may alter, suspend, or discontinue this Site at any time for any reason, without notice or cost. The Site may become unavailable due to maintenance or malfunction of computer equipment or other reasons. If you find that Site is not working properly, please notify us at support@selfdirectyourretirement.com

To enable you to use our Site, we may provide you with a username, password or other unique identifier ( "User ID"). The User ID is for your personal use only. You are responsible for the security and confidentiality of your User ID, and you agree not to disclose the same to any other party, including any employees or associates in any organization of firm by which you are employed or engaged, or with which you are affiliated.

We shall not be held responsible or liable for the consequences of any breach of security of your User ID. You agree to notify us immediately in the event of the loss, theft, or disclosure of your User ID, or if you have reason to believe that the confidentiality or security of your User ID has been compromised in any way, or if you learn of a possible or actual unauthorized access to and/or use of the Site.

We reserve the right to revoke or modify your User ID at any time without notice, for any reason we deem, in our sole judgement, to be warranted.

Institutional Access with Multiple Users

Certain Purchased Content on the SDYR website is labeled as an Institutional version of the Purchased Content ("Institutional Content"). Certain rules apply to the users of this Institutional Content. Any entity or group which purchases access to the Institutional Content must have a unique Used ID for each user of that entity or group. User access to the Institutional Content may not be shared between multiple users. If multiple users from the same entity or group are looking to access the Site, a multiple-user discount may apply to these users. In order to qualify for the multiple-user discount, each user must have the same company base name email address. Please contact us for the group discount rates.

If a purchaser  of the Institutional Content shares access to any user outside their group or entity, access to the Institutional Content will be immediate terminated and no refunds will be given.

Response to Online Requests

From time to time, SDYR may offer to provide information or materials via electronic mail or otherwise to interested persons. SDYR reserves the right, in its absolute discretion, to reject any requests for such information or materials, or to discontinue the provision of such information or materials to any person, for any reason whatsoever.

Links to Other Sites​

Our Site may provide links to websites not operated by SDYR. Access to any other sites linked to this Site is at your own risk. We assume no responsibility for third-party websites. For example, we do not vouch for the accuracy or reliability of the information on third-party websites, even if someone from our company is quoted or leaves a comment. We assume no responsibility for the content of or services offered by linked third-party sites, and make no representations regarding the accuracy of materials on third-party Websites. Statements made on third-party Websites linked to or from this site reflect only the views of their authors and not of SDYR. SDYR policy on links on this Site can be found on our Website Linking Policy page.

Unless otherwise set forth in a written agreement between you and SDYR, you may link your website to non-Purchased Content of our Site. [Provided that you adhere to the following linking policy: (i) any link to SDYR's Site must be a text-only link and clearly marked "SDYR Site" or "Self Direct Your Retirement, LLC", (ii) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with SDYR's name, trademarks, and certification marks, (iii) the link must "point" to the URL www.selfdirectyourretirement.com and not to other pages within our Site (except as permitted in affiliate agreements) , (iv) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with SDYR, (v) when selected by a user, the link must display the SDYR Site on full-screen/full-browser/full-browser tab and not within a "frame" on the linking site, and (vi) SDYR reserves the right to revoke its consent to the link at any time and in its sole discretion.]

Violations and Additional Terms

SDYR reserves the right to seek all remedies available at law and in equity for violations of this Terms and Conditions statement, including suspending or blocking your access to the Site. Please see our Privacy Policy for our policies regarding privacy, which is incorporated herein by reference.

No Waiver

No delay or failure by SDYR to enforce any of these Terms and Conditions shall constitute a waiver of any of our rights under these Terms and Conditions. Neither the receipt of any funds by SDYR nor the reliance of any person on our actions shall be deemed to constitute a waiver of any part of these Terms and Conditions. Only a specific, written waiver signed by an authorized representative of SDYR shall have any legal effect.​

Severability

If any clause or provision set forth in this Terms and Conditions statement is determined to be illegal, invalid or unenforceable under present or future law, the clause or provision shall be deemed to be deleted without affecting the enforceability of all remaining clauses or provisions.​

Governing Law and Jurisdiction​

These Terms and Conditions and any disputes arising under or related to these Terms and Conditions and/or the Privacy Policy or to this Site will be governed by U.S. federal law and the laws of the Commonwealth of Massachusetts, without reference to its conflict of law principles. Any such dispute shall be resolved exclusively in the state or federal courts in Suffolk County, Massachusetts. You agree to submit to the personal jurisdiction and venue of the courts of the Commonwealth of Massachusetts for any legal proceeding involving the Site, regardless of who initiated the proceeding.

This English-language Terms and Conditions statement is the SDYR official agreement with users of this Site. In the case of any inconsistency between this English-language Terms and Conditions statement and its translation into another language, this English-language document shall control.

For More Information

If you have any questions regarding our Terms and Conditions statement, please contact us by sending an email to SDYR Legal Department (legal@selfdirectyourretirement.com), calling us at (781) 721-1119, or writing to us at Self Direct Your Retirement, PO Box 146686, Boston, MA 02114.

Changes to This Agreement

SDYR reserves the right, in its sole discretion, to modify, alter, or otherwise change this Agreement at any time. We will provide notice of such change on this Website. Please review the Terms of Use and/or Additional Terms periodically for changes. Your continued use of the SDYR Website constitutes your acceptance of and agreement to be bound by these changes without limitation, qualification or change. If at any time you determine that you do not accept these changes, you must stop using this Website.​

Last Updated: August 2016​