Terms of Use

About

Last Revised: June 29, 2018

This LearnVest, Inc. (“We”, “Us”, “Our”, or “LearnVest”) Website provides information about financial planning for consumers and does not sell products or services. The following terms and conditions of use (the “Terms of Use”) govern access to and use of the learnvest.com website (collectively, the “Website”), including content and functionality offered on or through the Website, whether as a guest or a registered user (each user, a “User”). These Terms of Use include by reference the LearnVest Privacy Statement.

By using the Website, or affirmatively consenting to these Terms of Use, a User consents to these Terms of Use. Continued use of the Website indicates acceptance of any modified terms.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website in Our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period.

From time to time, We may restrict access to some parts of the Website or the entire Website. The User is responsible for making all arrangements necessary for the User to access the Website and ensure that all persons who access the Website through the User’s Internet connection are aware of these Terms of Use and comply with them.

Content

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance placed on such information is strictly at the User’s own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by the User or any other visitor to the Website, or by anyone who may be informed of any of its contents.

We are not responsible for the content of third party websites. Inclusion of hyperlinks to third party websites does not in any manner imply any endorsement of the material on those websites or association with their owners or operators.

Restrictions on Use

This Website is offered and available to Users who are 13 years of age or older. If a person does not meet the requirement, that person must not access or use the Website.

By using this Website, a User represents and warrants that the User is of legal age to form a binding contract with Us. If a User is under 18 years of age, the User hereby affirmatively represents that (a) the User is at least 13 years of age, (b) the User has the consent of the User’s parent or guardian to use the Website, (c) the User has read all the applicable rights and authority to grant Us the rights in these Terms of Use, and (d) the User has read, understood, and agrees to be bound by this Agreement. If a person is under 18 and does not have parental consent, the person must not access or use the Website.

In any interaction with this Website, a User agrees to refrain from:

  • Any practice that floods a person with unwanted communication;
  • Language, comments, statements or terminology that can be construed as offensive, derogatory, judgmental, demeaning, humiliating or disparaging;
  • Linking to offensive websites, including those that are pornographic, racist or which advocate violence or prejudice against any group or individuals;
  • Disclosing private information about others; and
  • Use of copyrighted material from this Website without permission.

Any person deemed to have violated any of the above standards or any other individual instance considered related to any of the above standards may be blocked from this Website and/or the offending content may be removed. If any violation of the above standards represents, indicates or suggests an intent or threat to break the law, the violator’s information, including ISP and IP address, will be provided to the appropriate law enforcement agencies.

Copyright

The entire content included in this Website, including but not limited to text, graphics or code, is copyrighted as a collective work under the United States and other copyright laws, and is the property of LearnVest or its licensors. The collective work includes works that are licensed to Us. The User may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the Website solely for the User’s own individual, non-commercial use. Further, the User’s device may temporarily store copies of such materials in RAM incidental to the User’s accessing and viewing those materials and the User may store files that are automatically cached by the web browser for display enhancement purposes. No right, title or interest in or to the Website or any content on the Website is transferred to the User, and all rights not expressly granted are reserved by LearnVest.

Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of or downloads from this Website is strictly prohibited, unless authorized by Us in writing prior to such use. The User further agrees not to change or delete any proprietary notices from materials downloaded from the Website.

Trademarks

All trademarks, service marks and trade names of LearnVest and all related names, logos, designs, and slogans used in the Website are trademarks or registered trademarks of LearnVest or its affiliates. The User must not use such marks without the prior written permission of LearnVest or its affiliates.

Disclaimer of Warranty

THE USER EXPRESSLY AGREES THAT USE OF THE WEBSITE IS AT THE USER’S SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. LEARNVEST EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES REGARDING DATA PRIVACY OR DATA SECURITY.

Limitation of Liability

THE USER EXPRESSLY AGREES THAT LEARNVEST SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES. THE USER SPECIFICALLY AGREES THAT LEARNVEST IS NOT RESPONSIBLE OR LIABLE TO THE USER OR ANYONE ELSE FOR ANY VIOLATION OF THE RIGHTS OF ANY PARTY, INCLUDING, BUT NOT LIMITED TO, INTELLECTUAL PROPERTY RIGHTS, RIGHTS OF PUBLICITY, OR RIGHTS OF PRIVACY. IF LEARNVEST IS FOUND TO HAVE VIOLATED ANY OF THE USER’S RIGHTS, THE USER ACKNOWLEDGES AND AGREES THAT ANY DAMAGES RECOVERABLE AGAINST LEARNVEST ARE LIMITED TO THE LESSER OF THE ACTUAL, PROVEN DAMAGES OR $10.

Indemnification

The User agrees to indemnify, defend, and hold harmless LearnVest, its officers, directors, employees, agents, affiliates, licensors and suppliers from and against all claims, liabilities, judgments, awards, costs, losses, expenses, damages and fees, including reasonable attorneys’ fees resulting from any violation of these Terms of Use, or any activity related to the User’s account (including negligent or wrongful conduct) by the User or any other person accessing the Website using the User’s Internet connection.

Term; Termination

These Terms of Use are applicable to each User upon the User accessing the Website. We may terminate these terms and conditions, or any part of them, without notice at any time. The provisions relating to Copyrights, Trademarks, Disclaimer of Warranty, Limitation of Liability, Indemnification and Miscellaneous shall survive any termination.

Notice

We may deliver notice by means of e-mail, a general notice on the Website, or by other reliable method to the address a User provides.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Wisconsin without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of or related to these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Wisconsin, in each case located in the City of Milwaukee and County of Milwaukee. The User waives any objection or defenses to this venue including forum non conveniens.

Miscellaneous

Any cause of action or claim the User may have with respect to the Website must be commenced within one (1) year after the claim or cause of action arises. Our failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. We may assign Our rights and duties under this Agreement to any party at any time without notice. We are entitled to recover all costs and expenses in enforcing this Agreement, including attorneys’ fees.

Changes and Revisions

We reserve the right to amend these Terms of Use from time to time. Any material change to Our online privacy practices will be reflected in these Terms of Use. We will indicate the date these Terms of Use were last updated.

For More Information

LearnVest is wholly owned by NM Planning Services, LLC, a subsidiary of The Northwestern Mutual Life Insurance Company (“Northwestern Mutual”).

This Statement does not apply to any other Northwestern Mutual website.

The Website is maintained by The Northwestern Mutual Life Insurance Company, 720 E. Wisconsin Avenue, Milwaukee, WI, 53202.