1. Acceptance of Terms
By accessing or using the website located at GuidingRetirees.com (the "Site"), including the Retirement Income Worksheet, Estate Document services, educational guides, and all related tools and content (collectively, the "Services"), you agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, you must immediately cease use of the Site.
These Terms constitute a binding legal agreement between you ("User" or "you") and Michael (Ebby) Eberhardt, doing business as Guiding Retirees with Michael (Ebby) Eberhardt ("Company," "we," "us," or "our"), located in Chandler, Arizona.
2. No Attorney-Client Relationship — No Legal Advice
THIS IS THE MOST IMPORTANT SECTION OF THESE TERMS. PLEASE READ CAREFULLY.
Michael (Ebby) Eberhardt is not an attorney and is not a member of the State Bar of Arizona or any other state bar. Guiding Retirees with Michael (Ebby) Eberhardt is not a law firm.
Nothing on this Site — including but not limited to estate document preparation tools, retirement worksheets, educational guides, free guides, zoom calls, consulting services, or any communication from Michael (Ebby) Eberhardt — constitutes:
- Legal advice of any kind
- The practice of law
- An attorney-client relationship
- A legal opinion regarding your specific circumstances
- A recommendation regarding your specific legal rights, remedies, defenses, or strategies
The estate document preparation tools available on this Site are self-help tools only. They provide general legal information and assist you in preparing your own documents. Per Arizona Code of Judicial Administration Section 7-208, document preparation services that are not supervised by a licensed attorney must be provided by an Arizona Certified Legal Document Preparer (AZCLDP).
You acknowledge that for complex estate planning matters, for estates involving significant assets, for blended families, for business succession planning, or for any situation you are uncertain about, you should consult a licensed estate planning attorney in your state.
3. No Financial, Investment, or Tax Advice
The Retirement Income Worksheet, gap analysis tools, and all related calculators and educational content on this Site are provided for general educational and informational purposes only. They do not constitute:
- Financial planning or financial advice
- Investment advice or recommendations
- Tax planning or tax advice
- Retirement planning services subject to SEC or FINRA regulation
- Insurance advice
Michael (Ebby) Eberhardt is not a licensed financial advisor, registered investment advisor, broker-dealer, CPA, or tax professional. Results generated by the Retirement Income Worksheet are mathematical calculations based solely on numbers you enter. They do not account for inflation, tax implications, market risk, longevity risk, healthcare costs, or your complete financial picture. Always consult a licensed financial advisor, CPA, or other qualified professional before making retirement, investment, or tax decisions.
4. Geographic Restrictions — Estate Document Services
4.1 Louisiana Residents
ESTATE DOCUMENT SERVICES ARE NOT AVAILABLE TO LOUISIANA RESIDENTS. Louisiana operates under a unique Civil Law system (Napoleonic Code) that imposes strict requirements on trust and will documents, including mandatory notarization by authentic act. Documents generated through this Site's self-help tools are not designed to meet Louisiana's specific legal requirements. Louisiana residents must consult a licensed Louisiana estate planning attorney.
4.2 U.S. Territory Residents
Estate document services are not available to residents of Puerto Rico, Guam, the U.S. Virgin Islands, American Samoa, the Northern Mariana Islands, or other U.S. territories. Residents of these territories should consult local legal counsel.
4.3 State-Specific Execution Requirements
Even for states where our document services are available, documents generated through this Site must be properly executed according to your state's laws. This may include signing before witnesses and/or a notary public, recording deeds or other instruments with your county recorder, re-titling assets in the name of a trust, and other steps specific to your state. Failure to properly execute your documents may render them legally invalid. Each generated document will include state-specific execution instructions. It is solely your responsibility to follow those instructions and to verify compliance with your state's current laws.
5. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE ARIZONA LAW, THE TOTAL LIABILITY OF GUIDING RETIREES WITH EBBY EBERHARDT, ITS OWNER, EMPLOYEES, AGENTS, AND THIRD-PARTY PARTNERS FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICES — WHETHER IN CONTRACT, TORT, NEGLIGENCE, OR ANY OTHER LEGAL THEORY — SHALL NOT EXCEED THE TOTAL AMOUNT YOU ACTUALLY PAID TO THE COMPANY FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
IF YOU HAVE NOT PAID ANY AMOUNT FOR THE SERVICE AT ISSUE (FOR EXAMPLE, USE OF THE FREE RETIREMENT WORKSHEET), THE COMPANY'S LIABILITY SHALL NOT EXCEED FIFTY DOLLARS ($50.00).
This limitation of liability is a material part of the basis of the bargain between you and the Company. Arizona courts have upheld limitations of liability in professional service contracts where parties are on equal footing and the limitation is clear and conspicuous. See 1800 Ocotillo, LLC v. WLB Grp., Inc., 196 P.3d 222 (Ariz. 2008).
Notwithstanding the above, this limitation does not apply to: (a) damages arising from the Company's fraud or intentional misconduct; (b) damages that cannot be limited under applicable Arizona law; or (c) violations of the Arizona Consumer Fraud Act (A.R.S. § 44-1521 et seq.) where limitation is prohibited.
6. Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, OR NON-INFRINGEMENT.
The Company does not warrant that: (a) documents generated through the Site will be legally valid in your state; (b) documents will achieve your intended legal or estate planning goals; (c) the Site will be uninterrupted, error-free, or free of viruses; or (d) any information on the Site is current, accurate, or complete.
State laws change. Estate planning laws in particular are subject to legislative amendment. It is your responsibility to verify that any document complies with your state's current law at the time of execution.
7. Indemnification
You agree to indemnify, defend, and hold harmless Guiding Retirees with Michael (Ebby) Eberhardt, its owner, employees, agents, successors, and assigns from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any applicable law; (d) your improper execution of documents generated through the Site; or (e) any third-party claim relating to your use of the Services.
8. Third-Party Document Platforms
Estate document generation services available through this Site may be powered by third-party licensed document preparation platforms. The Company is not responsible for the accuracy, completeness, or legal validity of documents generated by third-party platforms. Third-party platforms are subject to their own terms of use, which you should review before use. The Company's limitation of liability applies to the Company's own services and does not extend the liability of third-party platforms.
9. User Representations
By using the Services, you represent and warrant that: (a) you are at least 18 years of age; (b) you are a legal resident of one of the 50 United States (excluding Louisiana) or the District of Columbia; (c) you are using the Services for your own personal, non-commercial estate planning or retirement planning purposes; (d) all information you provide is accurate and complete to the best of your knowledge; and (e) you understand that documents generated are self-help tools and you are responsible for their proper execution.
10. Data Collection and Privacy
Your use of the Site is also governed by our Privacy Policy, incorporated herein by reference. By using the Site, you consent to our collection and use of your information as described in the Privacy Policy. You acknowledge that the Retirement Income Worksheet may transmit your financial data to our servers if you choose to submit your information for a free review. You may use the worksheet without submitting your information.
11. Arizona Data Breach Notification
In the event of a security breach affecting your personal information as defined by A.R.S. §§ 18-551 and 18-552, the Company will notify affected Arizona residents in the time and manner required by Arizona law. Personal information subject to this obligation includes your name combined with financial account numbers, Social Security numbers, or other specified data elements.
12. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Arizona, without regard to conflict of law principles. Any dispute arising out of or relating to these Terms or the Services shall be resolved exclusively in the state or federal courts located in Maricopa County, Arizona. You consent to personal jurisdiction in such courts.
WAIVER OF CLASS ACTION: TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY DISPUTE WILL BE RESOLVED ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE PROCEEDING.
13. Modifications to Terms
The Company reserves the right to modify these Terms at any time. Material changes will be posted on the Site with an updated effective date. Your continued use of the Services after such posting constitutes your acceptance of the modified Terms. It is your responsibility to review these Terms periodically.
14. Entire Agreement
These Terms, together with the Privacy Policy and any additional terms applicable to specific Services, constitute the entire agreement between you and the Company regarding your use of the Services and supersede all prior agreements, representations, and understandings.
15. Contact Information
Questions about these Terms should be directed to:
Guiding Retirees with Michael (Ebby) Eberhardt
Chandler, Arizona
Email: ebby@guidingretirees.com
Phone: (602) 598-2992