Disclosures

Services

RTC provides two main services: financial planning and consulting services only and asset management only. Our financial planning and consultant services are comprised of 5 types of plans: Solo Plan, Family Plan, Retirement Plan, Executive Plan, and Entrepreneur Elite Plan. However, RTC may provide standalone financial planning and consulting services separate from or in addition to our five types of plans. Our asset management only is comprised of two services: Total Wealth Asset Management and Total Access Asset Management. RTC also offers a Portfolio Review Service in which we will review and recommend an appropriate asset allocation.

Testimonials

Any testimonials on this site are the personal experience of the specific clients and do not reflect the experience of all clients. You may experience materially different results. Testimonials may come from clients who have minority ownership in Real Talk Holdings. All testimonials would be only of paying customers of Real Talk holdings and or Rob Luna enterprises.  

Cancellations/Terminations

Financial Planning & Consulting clients may terminate their agreement at any time before the delivery of a financial plan by providing written notice. To cancel your membership, notify your financial planner to terminate your agreement.

Refund Policy

Termination shall be calculated at the hourly fee currently in effect not to exceed $350. Clients will receive a pro-rata refund of unearned fees based on the time and effort expended by RTC. Clients will not receive a refund if they terminate their Financial Planning and Consulting agreement with RTC after a completed financial plan has been delivered.

*Certified Financial Planner™ (CFP®)

The CFP® certification is obtained by completing an advanced college-level course of study addressing the financial planning subject areas that the CFP® Board’s studies have determined as necessary for the competent and professional delivery of financial planning services, a comprehensive certification exam and agreeing to be bound by the CFP® board’s <em>Standard of Professional Conduct</em>. As a prerequisite, the individual must have a Bachelor’s degree from a regionally accredited United States college or university (or foreign university equivalent) and have at least 3 years of full time financial planning experience (or equivalent measured at 2,000 hours per year). This designation requires 30 hours of continuing education every 2 years and renewing an agreement to be bound by the <em>Standards of Professional Conduct</em>.

*Chartered Financial Analyst (CFA®)

The CFA® charter is a globally respected, graduate-level investment credential established in 1962 and awarded by CFA® Institute — the largest global association of investment professionals. To earn the CFA® charter, candidates must: 1) pass three sequential, six-hour examinations; 2) have at least four years of qualified professional investment experience; 3) join CFA® Institute as members; and 4) commit to abide by, and annually reaffirm, their adherence to the CFA® Institute Code of Ethics and Standards of Professional Conduct. The CFA® Program curriculum is updated every year by experts from around the world to ensure that candidates learn the most relevant and practical new tools, ideas, and investment and wealth management skills to reflect the dynamic and complex nature of the profession. To learn more about the CFA® charter, visit www.CFAinstitute.org.

Regulatory Website Disclosure

The commentary on this website reflects the personal opinions, viewpoints and analyses of the Real Talk Capital, LLC employees providing such comments and should not be regarded as a description of advisory services provided by Real Talk Capital, LLC or performance returns of any Real Talk Capital, LLC Investments client. The views reflected in the commentary are subject to change at any time without notice. Nothing on this website constitutes investment advice, performance data or any recommendation that any particular security, portfolio of securities, transaction or investment strategy is suitable for any specific person. Any mention of a particular security and related performance data is not a recommendation to buy or sell that security. Real Talk Capital, LLC manages its clients’ accounts using a variety of investment techniques and strategies, which are not necessarily discussed in the commentary. Investments in securities involve the risk of loss. Past performance is no guarantee of future results.

This website is limited to the dissemination of general information pertaining to its advisory services, together with access to additional investment-related information, publications, and links. Accordingly, the publication of Real Talk Capital, LLC web site on the Internet should not be construed by any consumer and/or prospective client as Real Talk Capital, LLC solicitation to effect, or attempt to effect transactions in securities, or the rendering of personalized investment advice for compensation, over the Internet. Any subsequent, direct communication by Real Talk Capital, LLC with a prospective client shall be conducted by a representative that is either registered or qualifies for an exemption or exclusion from registration in the state where the prospective client resides. For information pertaining to the registration status of Real Talk Capital, LLC, please contact the state securities regulators for those states in which Real Talk Capital, LLC maintains a notice filing.

Real Talk Capital, LLC does not make any representations or warranties as to the accuracy, timeliness, suitability, completeness, or relevance of any information prepared by any unaffiliated third party, whether linked to Real Talk Capital, LLC web site or incorporated herein, and takes no responsibility therefore. All such information is provided solely for convenience purposes only and all users thereof should be guided accordingly. Nothing on this site is intended as investment advice or an offer to buy or sell any securities.

Please remember that different types of investments involve varying degrees of risk, and there can be no assurance that the future performance of any specific investment or investment strategy (including those undertaken or recommended by Real Talk Capital, LLC) will be profitable or equal any historical performance level(s).

Real Talk Capital, LLC may advise clients on assets not limited to but including 401k plans, real estate and business interests outside of the direct control of Real Talk Capital, LLC. Our assets under advisement differ from regulatory assets in which we exercise discretion. Please email info@realtalkcapital.com for our most accurate regulatory AUM. Media representations or outside references do not always accurately reference our current regulatory AUM.

Certain portions of Real Talk Capital, LLC web site (i.e. newsletters, articles, posted videos, television appearances commentaries, etc.) may contain a discussion of, and/or provide access to, positions and/or recommendations as of a specific prior date. Due to various factors, including changing market conditions, such discussion may no longer be reflective of current position(s) and/or recommendation(s). Moreover, no client or prospective client should assume that any such discussion serves as the receipt of, or a substitute for, personalized advice from Real Talk Capital, LLC, or from any other investment professional. Furthermore, videos posted to this website and the opinions expressed in those videos or television programs are for general informational purposes only and are not intended to provide specific advice or recommendations for any individual or on any specific security. It is only intended to provide education about the financial industry. To determine which investments may be appropriate for you, consult your financial advisor prior to investing. Real Talk Capital, LLC is neither an attorney nor an accountant, and no portion of the web site content should be interpreted as legal, accounting or tax advice.

Rankings and/or recognition by unaffiliated rating services and/or publications should not be construed by a client or prospective client as a guarantee that he/she will experience a certain level of results if Real Talk Capital, LLC is engaged, or continues to be engaged, to provide investment advisory services, nor should it be construed as a current or past endorsement of Real Talk Capital, LLC by any of its clients. Rankings published by magazines, and others, generally base their selections exclusively from information prepared and/or submitted by the recognized adviser.

Real Talk Capital, LLC does not publish our client’s investment performance publicly and nothing on this site shall be considered a reporting of performance past or present. Each client and prospective client agrees, as a condition precedent to his/her/its access to Real Talk Capital, LLC web site, to release and hold harmless Real Talk Capital, LLC, its officers, directors, owners, employees and agents from and all adverse consequences resulting from any of his/her/its actions and/or omissions which are independent of his/her/its receipt of personalized individual advice from Real Talk Capital, LLC.

The Client Spotlight section of our newsletter/website is not an endorsement of Real Talk Capital, LLC’s services or a reflection of either a positive or negative experience with our firm.

Real Talk Capital, LLC is a state registered investment adviser in California, Arizona, Texas, Florida, and Tennessee. No advice will be rendered by Real Talk Capital, LLC unless a client service agreement is in place. Further, advisory services are only offered to clients or prospective clients where Real Talk Capital, LLC and its representatives are properly licensed or exempt from licensure

Website Terms of Use

Last Updated: June, 2024

1. Acceptance of Terms

   These Website Terms of Use (these “Terms”) govern your access to websites and related services operated by or on behalf of Real Talk Capital LLC (“Real Talk Capital” “we” or “us”). These Terms are important and affect your legal rights, so please read them carefully. Note that Section 14 of these Terms contains a mandatory arbitration provision that requires the use of arbitration on an individual basis and limits the remedies available to you in the event of certain disputes.

   By accessing or using realtalkcapital.com and our various related websites and services (collectively, the “Real Talk Capital Services”), you agree to be bound by these Terms and all of the terms incorporated herein by reference.

   You must be 18 years of age or older and reside in the United States or any of its territories to use the Real Talk Capital Services. By accepting these Terms, you represent that you have the legal authority to do so, and that, if you have accepted these Terms on behalf of any person or entity, you represent that you have legal authority to do so and that such person or entity agrees to be responsible to us if you or such person or entity violates these Terms. If you do not agree to every provision of these Terms, you may not, and we do not authorize you to, access or use the Real Talk Capital Services or any features provided therein.

   By accessing or using the Real Talk Capital Services, you represent and warrant that you have not been previously suspended or removed from the Real Talk Capital Services or engaged in any activity that could result in suspension or removal from the Real Talk Capital Services.

   You should not construe Real Talk Capital’s publication of any content found on the Real Talk Capital Services as an endorsement by Real Talk Capital of the views expressed therein, or any warranty or guarantee of any strategy, recommendation, treatment, action, or application of medication or preparation made by the author of such content.

   We may revise these Terms at any time for any reason and may provide you notice of these changes by any reasonable means, including through the Real Talk Capital Services. You can determine when we last updated these Terms by referring to the “Last Updated” legend at the top of these Terms. Except to the extent that your express consent to any revised Terms is required under applicable law, by continuing to access, browse or use the Real Talk Capital Services, you agree to any revised Terms. If you do not agree to any revised Terms, you may not and we do not authorize you to use the Real Talk Capital Services. We strongly recommend that you periodically visit this page to review these Terms.

2. User Registration

   In order to access and use certain areas or features of the Real Talk Capital Services, you may need to provide certain information and/or answer certain questions. Each registration is for a single user only.

   You agree to (a) provide accurate, current and complete information, (b) maintain and promptly update, as necessary, your information, (c) be responsible for the acts or omissions of any third party who has authority to access or use the Real Talk Capital Services on your behalf, and (d) immediately notify us if you discover or otherwise suspect any security breaches related to the Real Talk Capital Services. If you provide information that is untrue, inaccurate, not current or incomplete, we may suspend and/or terminate your current or future use of the Real Talk Capital Services.

   By providing information and/or answering questions, you also consent to receive electronic communications from Real Talk Capital (e.g., via email or by posting notices to the Real Talk Capital Services). You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy.

   We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.

3. Right to Access and Use the Real Talk Capital Services and Content

   Unless otherwise indicated in writing by us, the Real Talk Capital Services and all content and other materials contained therein, including, without limitation, any Real Talk Capital service mark or logo and all designs, text, graphics, pictures, information, data, software, other files and the selection and arrangement thereof (collectively, “Content”) are the property of Real Talk Capital or our licensors or users, as applicable, and are protected by U.S. and international copyright and other laws.

   Subject to these Terms, you are hereby granted a limited personal, revocable, non-exclusive, non-transferable, non-sublicensable right to access, view and make personal, non-commercial use of the Real Talk Capital Services and Content. All rights not expressly granted herein are reserved. You do not acquire any ownership interest in the Real Talk Capital Services or Content under these Terms, or any other rights thereto other than to use the Real Talk Capital Services in accordance with the rights granted by, and subject to all terms, conditions and restrictions of these Terms.

   You do not have any right to, and you shall not, directly or indirectly: (a) sell, resell or use commercially the Real Talk Capital Services or Content, (b) distribute, publicly perform or publicly display the Real Talk Capital Services or any Content, (c) modify or otherwise make any derivative uses of the Real Talk Capital Services or Content, or any portion thereof, (d) use any data mining, robots or similar data gathering or extraction methods, (e) download (other than page caching) any portion of the Real Talk Capital Services or Content, except as expressly permitted by us, (f) use the Real Talk Capital Services to stalk, threaten, or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity; (g) interfere with the Real Talk Capital Services or servers or networks used in connection with the Real Talk Capital Services; or (h) use the Real Talk Capital Services or Content other than for their intended purposes.

   Any use of the Real Talk Capital Services or Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the right of access and use granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Except as expressly permitted herein, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright or other proprietary rights of Real Talk Capital or any third party, whether by estoppel, implication or otherwise.

   You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying any Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit any Content.

   We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Real Talk Capital Services (or any features or parts thereof) at any time.

4. Trademarks

   The Real Talk Capital logo, and any other Real Talk Capital product or service names, trademarks, logos, or other indicia that may appear on the Real Talk Capital Services (“Marks”) are the property of Real Talk Capital or its subsidiaries, affiliates or third parties, and may not be copied, imitated or used, in whole or in part, without our prior written permission. Nothing contained in these Terms and/or the Real Talk Capital Services shall be construed as granting, by implication or otherwise, any license or right to use any such Marks without the prior written permission of Real Talk Capital or such third party that may own such Marks.

    

5. Legal Requirements; Privacy Policy

   Our Privacy Policy describes how we handle the personal information you provide to us when you use the Real Talk Capital Services. For an explanation of our privacy practices, please visit our Privacy Policy located at https://realtalkcapital.com/privacy/.

    

6. User Content

   You are solely responsible and liable for all data, information and other materials (“User Content”) that you submit, upload, post, e-mail or otherwise transmit (“Transmit”) in connection with the Real Talk Capital Services. In addition, we have no control over, and shall have no liability for, any damages resulting from the use (including without limitation, republication) or misuse by any third party of information made public through the Real Talk Capital Services. IF YOU CHOOSE TO SUBMIT TO US, OR OTHERWISE MAKE ANY USER CONTENT PUBLICLY AVAILABLE, YOU DO SO AT YOUR OWN RISK AND WE SHALL HAVE NO LIABILITY THEREFOR.

   You agree that you will not, and will not permit anyone else to, directly or indirectly: (a) Transmit any User Content that is unlawful, harmful, threatening, abusive, hateful, obscene, harassing, tortious, defamatory, libelous, slanderous, pornographic, profane, vulgar, offensive, lewd, invasive of another’s privacy or racially, ethnically or otherwise objectionable; (b) Transmit any User Content: (i) that you do not have the right to Transmit, under any law or contractual or fiduciary relationships, including, without limitation, any inside information or proprietary or confidential information; (ii) that infringes any patent, copyright, trademark or other intellectual property right or misappropriates any trade secret or right of privacy of any third-party; (iii) that constitutes unsolicited or unauthorized advertising or promotional materials, “spam,” “chain letters,” or pyramid schemes; or (iv) that contains any software routine, code, instruction or virus that is designed to disable, delete, modify, damage or erase software, hardware or data; or (c) forge headers or otherwise manipulate identifiers in order to disguise any User Content Transmitted through the Real Talk Capital Services.

   Although we have no obligation to screen, edit or monitor User Content, we reserve the right, and have absolute discretion, to remove, screen or edit User Content posted or stored on the Real Talk Capital Services at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Real Talk Capital Services at your sole cost and expense.

7. Rights in User Content

   We do not claim any ownership interest in User Content. However, by uploading, posting or submitting User Content to the Real Talk Capital Services or to our pages or feeds on third-party social media platforms (e.g., Real Talk Capital’s Facebook page, LinkedIn page or Twitter feed), you hereby grant Real Talk Capital a nonexclusive, royalty-free, worldwide, perpetual, irrevocable and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and publicly display your User Content, in whole or in part, in any manner or media and for any purpose whatsoever at our sole discretion, including, without limitation, for publicity, promotional, advertising, trade, business, illustration, artistic and other commercial and noncommercial purposes. However, Real Talk Capital will only share personal information that you provide in accordance with our Privacy Policy.

   You agree that Real Talk Capital may disclose or use any User Content for any purposes permitted under applicable law, including, but not limited to: (a) enforcing these Terms; (b) complying with any laws, regulations or rules of any federal, state or local government or agency; (c) responding to claims that any User Content violates the rights of third parties; or (d) protecting the rights or property of Real Talk Capital, its customers or the public.

8. Feedback

   Separate and apart from User Content, you can submit questions, comments, suggestions, ideas, original or creative materials or other information about Real Talk Capital, or the Real Talk Capital Services (collectively, “Feedback”). Feedback shall become the sole property of Real Talk Capital. Real Talk Capital shall own exclusive rights, including, without limitation, all intellectual property rights, in and to Feedback and shall be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

    

9. Third-Party Sites

   We have not reviewed all of the websites linked to the Real Talk Capital Services and are not responsible for the content of any third-party pages, any other websites linked to the Real Talk Capital Services, or any products or services offered by third parties. Nothing in the Real Talk Capital Services, including, without limitation, any links to other websites, should be construed as an endorsement by Real Talk Capital of any products, services or information of any other persons or companies. Your choice to access a link to any other website is at your own risk, and you agree to comply with all terms and conditions relating to such websites. Real Talk Capital reserves the right not to link, or to remove the link, to a particular website at any time.

   Any links to third-party websites are provided as a convenience to you and are neither owned nor operated by Real Talk Capital. We have no control over these linked websites and make no representations or warranties with respect to these linked websites or third-party products or services. Your viewing and use of any third-party websites is at your sole discretion and risk.

10. Indemnification

    You shall indemnify, hold harmless, and, at Real Talk Capital’s option, defend Real Talk Capital and its affiliates and subsidiaries from and against any and all losses, damages, liabilities, costs (including reasonable attorneys’ fees) (“Losses”) incurred by Real Talk Capital resulting from any third-party claim, suit, action or proceeding relating to or arising from your use of the Real Talk Capital Services, any User Content, any Feedback you provide, any violation of these Terms by you, or any other act or omission by you, including your violation of any rights of another, arising from your use of the Real Talk Capital Services or any of its features. You further agree that Real Talk Capital shall have control of the defense or settlement of any third-party claims unless Real Talk Capital exercises its option to require you to defend Real Talk Capital. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Real Talk Capital.

11. General Disclaimers

    THE REAL TALK CAPITAL SERVICES AND THE CONTENT ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, REAL TALK CAPITAL DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE REAL TALK CAPITAL SERVICES; (B) CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO OR FROM THE REAL TALK CAPITAL SERVICES. REAL TALK CAPITAL HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, THAT ANY RESULTS WILL BE ACHIEVED, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

    REAL TALK CAPITAL DOES NOT REPRESENT OR WARRANT THAT THE REAL TALK CAPITAL SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE REAL TALK CAPITAL SERVICES OR THE SERVERS THAT MAKE THE REAL TALK CAPITAL SERVICES AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. REAL TALK CAPITAL DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE REAL TALK CAPITAL SERVICES IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE REAL TALK CAPITAL SERVICES IS AT YOUR SOLE RISK. REAL TALK CAPITAL DOES NOT WARRANT THAT YOUR USE OF THE REAL TALK CAPITAL SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION. REAL TALK CAPITAL SPECIFICALLY DISCLAIMS ALL SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS.

    BY ACCESSING OR USING THE REAL TALK CAPITAL SERVICES YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE REAL TALK CAPITAL SERVICES.

12. Limitation of Liability; Waiver

    TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL REAL TALK CAPITAL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS TO OR USE OF THE REAL TALK CAPITAL SERVICES (INCLUDING, BUT NOT LIMITED TO, USER CONTENT AND LINKS TO THIRD-PARTY WEBSITES), OR THE ORDER, RECEIPT OR USE OF ANY PRODUCT OR SERVICE, OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM REAL TALK CAPITAL, OR FROM EVENTS BEYOND REAL TALK CAPITAL’S REASONABLE CONTROL, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED) OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF REAL TALK CAPITAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).

    TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF REAL TALK CAPITAL ARISING OUT OF OR IN ANY WAY RELATED TO THE REAL TALK CAPITAL SERVICES EXCEED ONE HUNDRED DOLLARS ($100). THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE REAL TALK CAPITAL’S SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF.

    IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

13. Arbitration

    PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH REAL TALK CAPITAL AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

    YOU AND REAL TALK CAPITAL AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OR THE REAL TALK CAPITAL SERVICES SHALL BE FINALLY DECIDED BY BINDING ARBITRATION UNDER THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION GOVERNING CONSUMER DISPUTES.

    Arbitration uses a single, neutral arbitrator to decide a dispute (instead of a judge or jury); arbitration allows for more limited discovery than in a court case; and the arbitration process and result is subject to very limited review by courts. In an arbitration you have the right, at your expense, to be represented by an attorney of your choosing. Arbitrators can award the same damages and relief under these Terms that a court can award under these Terms. You and Real Talk Capital agree that any in-person arbitral hearing would occur in the United States in the same county and state as your billing address. Real Talk Capital further agrees that your filing fee for an arbitration will be capped at the amount set by the American Arbitration Association. You agree that, by agreeing to these Terms, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Real Talk Capital are each waiving the right to a trial by jury and/or to participate in a class action. This arbitration provision shall survive termination of these Terms and the termination of your use of the Real Talk Capital Services. Further, unless both you and Real Talk Capital agree otherwise, the arbitrator may not join or consolidate more than one person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

14. Class Action Waiver

    REGARDLESS OF THE FORUM, YOU AND REAL TALK CAPITAL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

15. Termination

    Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Real Talk Capital Services at any time and for any or no reason, and you acknowledge and agree that in such event we shall have no liability or obligation to you.

16. Governing Law and Jurisdiction

    Real Talk Capital operates the Real Talk Capital Services from Tennessee, U.S.A. These Terms and the transactions they contemplate, including without limitation their interpretation, construction, performance and enforcement, shall be governed by the laws of the State of TN, U.S.A., including its statutes of limitations, but without reference to conflict or choice of law provisions. The International Convention on the Sale of Goods, and other international treaties that are not mandatory with respect to contracts made and performed entirely in California shall not apply.

17. Notice

    All notices, demands, or consents given by you under these Terms will be in writing and will be deemed given when delivered to Real Talk Capital at the following contact: info@realtalkcapital.com. Any notices to you may be made via either e-mail or postal mail to the address in Real Talk Capital’s records or via posting on the Real Talk Capital Services. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.

    Persons with disabilities who need assistance accessing these Terms may contact us as provided for in this Section, and depending on your individual needs, we will grant reasonable requests to furnish these Terms in an alternative format.

18. Severability

    If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.

19. Miscellaneous

    The Real Talk Capital Services are hosted in the United States of America. If you are located outside of the United States of America and you contact us, please be advised that any information you provide to us will be transferred to the United States of America and that by submitting information, you explicitly authorize such transfer. These Terms constitute the entire agreement between you and Real Talk Capital relating to your access to and use of the Real Talk Capital Services. These Terms, and any rights granted hereunder, may not be transferred or assigned by you without the prior written consent of Real Talk Capital. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and Real Talk Capital’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.