Terms of Use

Last Modified: August 28, 2026

Acceptance of the Terms of Use

These terms of use are entered into by and between you and Retained Academy LLC (“Company,” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use” or the “Terms”), govern your access to and use of retainedacademy.com, including any content, functionality, and services offered on or through retainedacademy.com (the “Website”), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at retainedacademy.com/privacy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

The Website is offered for business and professional purposes. By accessing the Website or subscribing, you represent and warrant that you are accessing the Website in connection with your trade, business, profession, or occupation and not for personal, family, or household purposes, and that if you are acting on behalf of an employer or other entity you are authorized to bind that entity to these Terms of Use.

Nature of the Website; No Professional Advice

The Company is a digital publisher. Through the Website, the Company publishes written reference materials concerning captive insurance, alternative risk transfer, and corporate risk financing, including guides, articles, worked examples, checklists, forms, and similar materials (collectively, the “Content”). The Content is made available to subscribers under a paid subscription (a “Subscription”).

The Content is general in nature. It is prepared without reference to the facts, circumstances, objectives, governing documents, or jurisdiction of any particular person, entity, insurance program, or transaction, and it is published for general informational and editorial purposes only. The Content is not legal, tax, accounting, actuarial, underwriting, insurance, financial, or investment advice, and it is not a substitute for the advice of qualified professionals engaged to consider your specific circumstances.

No advisory, professional, fiduciary, agency, or confidential relationship is created by your access to the Website, your Subscription, or your use of the Content. Without limiting the foregoing, no attorney-client relationship, accountant-client relationship, actuary-client relationship, or insurance producer, agent, broker, or consultant relationship is created between you and the Company or any of its owners, personnel, or contributing authors.

The Company is not a law firm, accounting firm, actuarial firm, insurance company, insurance producer, agency, broker, consultant, or captive manager. The Company does not solicit, negotiate, sell, or place insurance or reinsurance; does not bind, underwrite, administer, or adjust coverage; does not form, license, manage, or administer captive insurance companies or other risk-bearing entities; does not prepare or certify actuarial opinions, feasibility studies, or rate indications; and does not prepare, review, or sign tax returns or render tax opinions. The Company holds no license or authorization in any jurisdiction with respect to any of the foregoing activities, and nothing on the Website is an offer to perform them.

You are responsible for exercising your own independent professional judgment. You agree that you will not rely on the Content as a basis for any decision concerning the formation, capitalization, licensure, domicile, structure, pricing, tax treatment, accounting treatment, or operation of any insurance or risk financing arrangement, and that you will independently verify the Content against primary authority and obtain advice from qualified professionals engaged for that purpose.

No tax reliance. The Content is not a tax opinion and is not intended or written to be used, and cannot be used, by any person for the purpose of avoiding penalties that may be imposed under the Internal Revenue Code or under any state or local tax law. The Company makes no representation or warranty that any structure, position, or transaction described in the Content will be respected by the Internal Revenue Service, by any state or local taxing authority, by any insurance regulator, or by any court. No statement in the Content is a tax statement as to any specific transaction of any specific taxpayer, and the Company does not act as a material advisor to, and does not provide material aid, assistance, or advice with respect to, any reportable transaction, listed transaction, or transaction of interest within the meaning of the Internal Revenue Code and the regulations thereunder.

Your own professional obligations. If you are licensed or otherwise regulated in your profession, you remain solely responsible for compliance with all applicable rules of professional conduct, licensure and registration requirements, and standards of care. The Content does not discharge, reduce, or satisfy any duty you owe to any client, employer, insurer, or regulator, and the Company assumes no duty or responsibility to any person to whom you provide services.

No individualized advice. The Company does not provide, and you agree not to request, individualized review, analysis, or advice regarding your own or any other person’s insurance program, transaction, documents, or tax position. Any general information provided in response to an inquiry remains subject to this Section.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the 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 user access, including registered user access, to some parts of the Website or the entire Website. The foregoing is subject to the Subscriptions, Fees, Automatic Renewal, and Cancellation section below with respect to Content covered by a paid Subscription.

You are responsible for both:

Making all arrangements necessary for you to have access to the Website.
Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy retainedacademy.com/privacy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

Your account is a single, named-user account and is personal to you. Except under a written multi-user, enterprise, institutional, or site license granted by the Company, you must not share, transfer, assign, or otherwise make available your account, your credentials, or your access to the Content to or with any other person, including any colleague, partner, employee, contractor, client, or family member, and you must not permit your account to be used concurrently by more than one individual.

Where an account is established or paid for by your employer or another entity, that entity may designate the individual authorized to use the account and may direct us to transfer or terminate it, and both the entity and the named user are responsible for compliance with these Terms of Use.

We may monitor account activity, including the number, location, and timing of logins and the volume of Content accessed, printed, or downloaded, in order to detect and prevent credential sharing and automated access. We may suspend or terminate access, without refund, where we reasonably determine that credentials have been shared or that Content is being accessed in a manner not permitted by these Terms of Use.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The Content constitutes the Company’s original editorial work product, and the selection, coordination, and arrangement of the Content is separately protected as a compilation.

These Terms of Use permit you to use the Website for your personal use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download a reasonable number of pages of the Content for your own reference in the course of your work, provided that you do not remove or obscure any copyright, trademark, source, watermark, or other proprietary notice and do not further reproduce, publish, or distribute those copies except as expressly permitted below.
If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own use as an authorized user under your Subscription, provided you agree to be bound by our end user license agreement for such applications.

You must not:

Modify copies of any materials from this site.
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
Redistribute, republish, resell, rent, lend, sublicense, syndicate, or otherwise make any Content available to any person who is not an authorized user under your Subscription.
Post or store any Content on any intranet, extranet, shared drive, document management system, knowledge base, client portal, listserv, message board, social media platform, or other repository accessible to persons who are not authorized users, or circulate Content by email or messaging to any such person.
Incorporate any Content, in whole or in part, into any product, publication, database, service, seminar, course, training program, or other offering that you or any other person makes available to third parties, whether or not for a fee.
Use any Content, or any information derived from it, to create, develop, market, or operate any publication, database, or service that competes with the Website or the Content.
Use any robot, spider, scraper, crawler, or other automated or manual process to access, index, search, extract, harvest, copy, monitor, mine, or aggregate any Content, or engage in any systematic or bulk downloading, printing, or retrieval of Content, whether or not for the purpose of creating a collection, compilation, database, or archive.
Use any Content to train, fine-tune, ground, augment, benchmark, evaluate, or otherwise develop or improve any artificial intelligence, machine learning, large language, or other model or algorithmic system, or input any Content into any such system that retains, reuses, or discloses the Content or that uses it for any purpose other than displaying it to you.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms of Use.
To transmit, or procure the sending of, any advertising or promotional, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

Additionally, you agree not to:

Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring, indexing, or copying any of the material on the Website, or for the purpose of text or data mining or of training, fine-tuning, grounding, or evaluating any artificial intelligence or machine learning system.
Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Website.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website.
Circumvent, disable, or interfere with any paywall, access control, authentication, entitlement, digital rights management, watermarking, or other security or usage-limiting feature of the Website, or access any Content you are not entitled to access under your Subscription.
Share, publish, sell, or offer your account credentials or Subscription access to any other person, or obtain or use access to the Content from any person who is not authorized to provide it.
Access the Website or the Content for the purpose of monitoring its availability, performance, or functionality, or for any competitive, benchmarking, or product-development purpose.

User Contributions

The Website may contain interactive features that allow users to post, submit, publish, display, or transmit to other users or other persons content or materials on or through the Website.

All User Contributions must comply with these Terms of Use.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

Monitoring and Enforcement; Termination

We have the right to:

Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Copyright Infringement

If you believe that any material on the Website violates your copyright, please email us at hello@retainedacademy.com in order to send us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.

Reliance on Information Posted

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 you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by contributing authors, other users, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Currency of the Content. The Content states the Company’s understanding as of the publication or revision date indicated. Statutes, regulations, administrative guidance (including guidance of the Internal Revenue Service and of state insurance regulators), judicial decisions, accounting standards, and market practice concerning captive insurance and risk financing change frequently and may change without notice, and the Content may not reflect the most recent developments. We are under no obligation to update, supplement, or correct any Content, and the continued availability of an item of Content is not a representation that it remains accurate.

Illustrative materials. Worked examples, sample calculations, illustrative structures, model documents, forms, and checklists are hypothetical and simplified, rest on stated assumptions, and are provided to illustrate general concepts. They are not recommendations, are not tailored to any actual entity, insurance program, or transaction, and must not be used without independent professional analysis of your own facts. Any figures, rates, ratios, or results shown are illustrative only and do not indicate any expected or achievable outcome.

Jurisdiction and domicile. Unless expressly stated, the Content does not address the law of any particular jurisdiction or captive domicile, and nothing in the Content is a representation that any described approach is permissible, available, or advisable in any particular jurisdiction or domicile.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material. We have no obligation to maintain any archive of superseded Content, and we may remove or replace Content, including Content you have previously accessed or bookmarked.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy retainedacademy.com/privacy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Subscriptions, Fees, Automatic Renewal, and Cancellation

Access to some or all of the Content requires a paid Subscription. The terms of this Section, together with the plan description, price, billing frequency, and other terms presented to you at the time of purchase (collectively, your “Order”), govern your Subscription and are incorporated into these Terms of Use. Separate terms may apply to enterprise, multi-user, institutional, or site licenses, and in the event of a conflict those terms control over this Section.

Eligibility and Authority

Subscriptions are available only to persons eighteen (18) years of age or older who are located in the United States and who subscribe for business or professional purposes and not for personal, family, or household purposes.
If you subscribe on behalf of an employer or other entity, you represent and warrant that you are authorized to bind that entity to these Terms of Use, and “you” refers to both you and that entity, which are jointly and severally responsible for compliance with these Terms of Use.

Subscription Term; Fees

Your Subscription begins when we confirm your Order and your initial payment is processed, and continues for the subscription period stated in your Order (each, a “Term”).
Fees are stated in U.S. dollars, are payable in advance, and are exclusive of all applicable sales, use, excise, gross receipts, communications, value added, and similar taxes. We will add and collect those taxes where we are required to do so. Where we are not required to collect a tax, you remain responsible for determining and remitting it to the appropriate authority.

Automatic Renewal; Cancellation

YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF EACH TERM FOR A SUCCESSIVE TERM OF THE SAME LENGTH, AND YOU AUTHORIZE US AND OUR PAYMENT PROCESSOR TO CHARGE YOUR DESIGNATED PAYMENT METHOD THE THEN-CURRENT RENEWAL FEE PLUS APPLICABLE TAXES ON EACH RENEWAL DATE, WITHOUT FURTHER NOTICE OR AUTHORIZATION, UNTIL YOU CANCEL.
YOU MAY CANCEL AT ANY TIME BY (I) USING THE CANCELLATION FUNCTION IN YOUR ACCOUNT SETTINGS OR (II) SENDING AN EMAIL TO HELLO@RETAINEDACADEMY.COM FROM THE EMAIL ADDRESS ASSOCIATED WITH YOUR ACCOUNT. TO AVOID BEING CHARGED FOR THE NEXT TERM, YOU MUST CANCEL AT LEAST ONE (1) DAY BEFORE THE RENEWAL DATE. CANCELLATION TAKES EFFECT AT THE END OF THE THEN-CURRENT TERM; YOU WILL RETAIN ACCESS THROUGH THAT DATE AND WILL NOT RECEIVE A REFUND OF FEES ALREADY PAID.

Free Trials and Introductory Offers

If your Subscription begins with a free trial or a discounted introductory period, we will disclose the length of that period, the price that will apply afterward, and the date paid billing begins. Unless you cancel before the end of that period, your Subscription will convert automatically to a paid Subscription at the disclosed price and will renew as described above.

Price Changes

We may change subscription prices from time to time. Any change takes effect at the start of your next Term, and we will notify you by email at least thirty (30) days before the renewal date. If you do not wish to pay the new price, you may cancel as described above before the renewal date.

Payment Method; Failed Payments

You must maintain a current and valid payment method. You authorize us to charge that method for all amounts due under your Subscription and to obtain and use updated payment card information from your card issuer or our payment processor. Payment card information is collected and processed by our third-party payment processor; we do not store complete payment card numbers.
If a charge is declined or a payment is not received when due, we may suspend or terminate your access without notice, and you remain liable for all amounts due. If any payment is more than thirty (30) days past due, we may, to the extent permitted by applicable law, recover our reasonable costs of collection, including reasonable attorneys’ fees.
If you initiate a chargeback or payment dispute with respect to a charge that is valid under these Terms of Use, we may suspend or terminate your access and recover the amount charged back together with any related fees we incur.

No Refunds

Except as expressly provided in these Terms of Use or as required by applicable law, all fees are non-refundable, and we do not provide refunds or credits for partial Terms, for unused access, or for periods during which you did not access the Content. You acknowledge that the Content is digital content made available to you immediately upon commencement of your Subscription.

Content Published During the Term

The Content is published on an ongoing basis, and the Company determines in its sole editorial discretion what Content to publish, revise, withdraw, or archive. We may add, modify, or discontinue individual items of Content, features, or Content categories at any time. We do not guarantee that any particular item of Content will be published or will remain available, and no such change entitles you to a refund; provided that if we discontinue substantially all of the Content covered by your Subscription, we will refund the pro rata portion of prepaid fees attributable to the remainder of your then-current Term.

Suspension and Termination

We may suspend or terminate your Subscription and your access immediately and without refund if you breach these Terms of Use, including the license restrictions in the Intellectual Property Rights section and the account restrictions in the Accessing the Website and Account Security section.
On expiration or termination of your Subscription, the license granted to you and your right to access the Website and the Content end. We have no obligation to retain, archive, or make available to you any Content, account data, notes, or annotations after termination.

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

This Website may provide certain social media features that enable you to:

Link from your own or certain third-party websites to certain content on this Website.
Send emails or other communications with certain content, or links to certain content, on this Website.
Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

Establish a link from any website that is not owned by you.
Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
Link to any part of the Website other than the homepage.
Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT THE CONTENT IS ACCURATE, CURRENT, COMPLETE, OR SUITABLE FOR ANY PARTICULAR PURPOSE; THAT IT REFLECTS THE CURRENT STATE OF ANY STATUTE, REGULATION, ADMINISTRATIVE GUIDANCE, JUDICIAL DECISION, ACCOUNTING STANDARD, OR MARKET PRACTICE; OR THAT ANY STRUCTURE, POSITION, APPROACH, OR CALCULATION DESCRIBED IN THE CONTENT WILL BE AVAILABLE, PERMITTED, RESPECTED, OR SUSTAINED BY ANY INSURANCE REGULATOR, TAXING AUTHORITY, COURT, AUDITOR, RATING AGENCY, OR COUNTERPARTY.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

TO THE FULLEST EXTENT PROVIDED BY LAW, AND WITHOUT LIMITING THE FOREGOING, THE COMPANY WILL HAVE NO LIABILITY FOR ANY TAX, PENALTY, ADDITION TO TAX, OR INTEREST ASSESSED AGAINST ANY PERSON; ANY DISALLOWED DEDUCTION OR OTHER ADVERSE TAX, ACCOUNTING, OR REGULATORY DETERMINATION; ANY UNINSURED OR UNDERINSURED LOSS, COVERAGE GAP, DENIED OR DISPUTED CLAIM, RESERVE DEFICIENCY, OR REGULATORY FINE, PENALTY, OR SANCTION; OR ANY CLAIM ASSERTED AGAINST YOU BY YOUR CLIENT, EMPLOYER, INSURER, PROFESSIONAL LIABILITY CARRIER, OR ANY OTHER PERSON, IN EACH CASE ARISING OUT OF OR RELATING TO THE CONTENT OR YOUR USE OF OR RELIANCE ON IT.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE AGGREGATE LIABILITY OF THE COMPANY AND THE PERSONS IDENTIFIED ABOVE FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OF USE, THE WEBSITE, YOUR SUBSCRIPTION, OR THE CONTENT WILL NOT EXCEED THE GREATER OF (A) THE TOTAL SUBSCRIPTION FEES YOU ACTUALLY PAID TO THE COMPANY IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM AND (B) ONE HUNDRED DOLLARS ($100). THIS LIMITATION APPLIES IN THE AGGREGATE AND NOT PER CLAIM, AND APPLIES REGARDLESS OF THE FORM OF ACTION.

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website. Without limiting the foregoing, this obligation applies to (i) your use of the Content in, or as any part of the basis for, any advice, analysis, opinion, work product, recommendation, filing, or service that you provide to or for any employer, client, or other person; (ii) any claim asserted against the Company by your employer, client, or any other person to whom you provided such advice or work product; (iii) your disclosure or sharing of your credentials or of any Content in breach of these Terms of Use; and (iv) your submission of any confidential, privileged, or personal information through the Website.

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 Maine without giving effect to any choice or conflict of law provision or rule (whether of the State of Maine or any other jurisdiction).

Subject to the Arbitration section below, 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 Maine, in each case located in the City of Portland and County of Cumberland, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At Company's sole discretion, it may require you to submit any disputes arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Maine law.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Retained Academy LLC regarding the Website, your Subscription, and the Content and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

Your Comments and Concerns

The Website is operated by Retained Academy LLC.

All notices of copyright infringement claims should be sent to: hello@retainedacademy.com.

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: hello@retainedacademy.com