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User Agreement
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Oltis Software, LLC
END-USER LICENSE AGREEMENT
Last Revised: Jan 1, 2008
The software and materials provided with this agreement are licensed, not sold, and are available for use only under the terms of this license agreement. Please read this agreement carefully.
This end-User License Agreement (the "Agreement") sets forth the terms and conditions for licensing of the ShareLogix site, service and software (the "Software") from OLTIS Software, LLC ("OLTIS ") to you. Usage of the Software indicates that you have read and understand this Agreement and accept its terms and conditions.
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE
If you accept this Agreement including all of its terms, please click on the "Accept" button. You may also wish to print out a copy of this Agreement for your records. If you do not accept this Agreement, please click on the "Decline" button, and you will not be able to access the Software. These Site Terms do not alter in any way the terms or conditions of any other agreement you may have with OLTIS, or its subsidiaries or affiliates, for products, services or otherwise.
If you are accessing the Software on a "free trial" basis, by clicking the "Accept" button, you acknowledge and agree that the terms of this Agreement are applicable to the trial period and to all subsequent periods, if applicable, for which you license the Software from OLTIS by paying a license fee.
LICENSE AND RESTRICTIONS
You are granted a limited, non-exclusive, non-transferable license to use the Software as a single subscription. You will need a user identification code and password to use the Software. You agree to keep your user identification code and password confidential to prevent unauthorized use of and access to the Software.
You are authorized to use the Software only for your own clients. You are expressly prohibited from using the Software in a "back-office" environment where you create Plans (using the Software) for other planners, advisors, brokers, financial professionals, and/or any other persons (each an "Other Party") in your firm to use with their clients. You are expressly prohibited from sharing a license with any Other Party. By accepting this Agreement, you are certifying to OLTIS that this license and the Plans generated from this license will be used only by you and, if applicable, your administrative or sales assistant, and that no part of any Plan is or will be used by any other Other Party to develop, analyze, or determine alternatives, recommendations, or advice for any client unless such Other Party also has a license to use the Software.
The Software in its entirety is protected by copyright laws. The Software also contains OLTIS trade secrets, and you may not decompile, reverse engineer, disassemble, or otherwise reduce the Software to human-perceivable form. You may not modify, adapt, translate, rent, sublicense, assign, loan, resell for profit, distribute, or network the Software or related materials, or create derivative works based upon the Software or any part thereof. You may not modify, copy, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer, or sell any information obtained from the Software or the web site which hosts the Software ("OLTIS’s web site").
This Agreement does not limit any rights that OLTIS may have under trade secret, copyright, patent, trademark or other laws.
Certain of the information contained in the Software: (1) is proprietary to Morningstar Inc. and/or its content providers; (2) may not be copied or distributed; and (3) is not warranted to be accurate, complete or timely. Neither Morningstar nor its content providers are responsible for any damages or losses arising from any use of this information. Past performance is no guarantee of future results.
If you are accessing the Software through your broker/dealer or advisory firm's website, or if you have paid a discounted license fee because of your association with a broker/dealer or advisory firm, your firm has institutional-level control over the functions and features of the Software that are available to you. And, OLTIS provides your firm with "super-user" access to the Software so that its designated representatives can review and monitor, at the level of their choosing, all the data and information in the Software for all advisors associated with the firm, including but not limited to all the data that you have input into the Software and all the data and information associated with your unique user identification code.
AUTOMATIC RENEWALS
Your subscription will be automatically renewed three days prior to the end of each annual term for an additional year and charged to the credit card used for the previous purchase. We will notify you 30 days prior to renewal. You can notify us then or at any time prior to renewal if you want to cancel your subscription. If the credit card is no longer valid, we will notify you and request that you renew manually with a valid credit card.
ACCESS TO SOFTWARE
In order to use the Software, you need the equipment necessary to connect to the World Wide Web (WWW), and the connection necessary to access the WWW. You are responsible for installing, maintaining, and operating your computer and the associated WWW connections. OLTIS is not responsible for any problems caused by your computer, including any virus or related problems associated with your use of the Software or OLTIS’s web site on your computer.
YOUR REPRESENTATIONS AND RESPONSIBILITIES
You represent and warrant to OLTIS that you are a professional financial planner, advisor, and/or broker, that you have all the required licenses to engage in the services associated with the use of the Software, and that your use of the Software, OLTIS’s web site, and the results of any calculations performed by the Software will be represented accurately and used in compliance with all applicable laws and regulations. You also represent and warrant you have read or otherwise accept the conditions of the Privacy Policy, as modified from time to time by OLTIS, on OLTIS’s web site for yourself and as a representative of your clients.
You agree that you will provide accurate and complete information when prompted to do so by any registration form, and that you will maintain and update such information so it remains accurate and complete.
You agree that you will provide accurate and complete information when prompted to do so by any registration form, and that you will maintain and update such information so it remains accurate and complete.
TERMINATION
If any fee to be paid by you for the rights and license granted herein is past due, OLTIS may terminate this Agreement and the license granted hereunder without prior notice. You agree that upon termination, we may, but are not required to, delete all information related to your account and may bar your access to your account and the Software.
OLTIS, in its sole and absolute discretion, may end this Agreement and your license to use the Software at any time, without prior notice, if you fail to comply with any of your obligations under this Agreement or if you make any representation to us that is inaccurate.
BILLING AGREEMENT.
You agree to purchase the software License for one year term during which your credit card will be billed on a monthly basis. The license shall cover 12 consecutive months of service and will be billed to your credit card monthly. At the expiration of your initial term, your subscription will automatically renew for one additional year at your current Annual License Fee, unless you elect to terminate. Cancellation of a license prior to completing 12 consecutive months of service will result in a $300 early termination fee. In the event of cancellation, no partial month refunds will be issued. You must inform us by calling (520) 298-5000x14 of your intention to stop using the software before the next billing date.
Minimum Age Limit.
You must be eighteen (18) years of age or older to use the Site and the Service, and you must have all necessary right, power and authority to enter into these Site Terms and to perform the acts required hereunder. Any use of or access to the Site or Service by anyone under 18 is unauthorized and in violation of these Terms of Use. By using the Service or the Site, you represent and warrant that you are eighteen or older.
Account Information; Security.
You agree to maintain and update your account information to keep it complete and accurate and to maintain the confidentiality of your password. You are responsible for all activity occurring through use of your account and/or password, and you agree to immediately notify Oltis of any actual or suspected unauthorized use of your account or password. Oltis will not be responsible for any loss to you arising from your failure to comply with the above.
E-mail Address.
We will contact you at the e-mail address you have provided. You agree to provide to Oltis a valid email address for such purposes. By providing your e-mail address, you agree that you will accept all electronic communications from us at your e-mail address and will not make any claims against us if you do not receive any communications we send to your e-mail address. You agree to notify us promptly if your e-mail address changes.
DISCLAIMER OF WARRANTIES
THIS SOFTWARE AND THIS WEB SITE ARE PROVIDED "AS-IS", AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OLTIS DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THIS WEB SITE, THIS SOFTWARE AND ANY INFORMATION DERIVED FROM IT, INCLUDING FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, MERCHANTIBILTY, OR NON-INFRINGEMENT.
OLTIS DOES NOT WARRANT THAT THE SOFTWARE OR THE WEB SITE ARE FREE FROM BUGS, VIRUSES, ERRORS, OR OTHER PROGRAM LIMITATIONS. OLTIS DOES NOT GUARANTEE THAT THE SITE OR THE SOFTWARE WILL BE AVAILABLE FOR YOUR USE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING.
SOME STATES DO NOT ALLOW THE EXCLUSION OF THE IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE YOU FIRST USE THE SOFTWARE. HOWEVER, SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC RIGHTS, AND YOU MAY HAVE OTHER RIGHTS AS WELL, WHICH VARY FROM STATE TO STATE.
USE AND LIMITATIONS OF RESULTS
OLTIS IS NOT ENGAGED IN RENDERING INVESTMENT OR FINANCIAL ADVICE, AND THE RESULTS OF USE OF THE SOFTWARE AND OLTIS ‘S WEB SITE MUST NOT BE REGARDED OR REPRESENTED AS CONSTITUTING INVESTMENT OR FINANCIAL ADVICE. AS A PROFESSIONAL FINANCIAL ADVISOR, PLANNER, OR BROKER, YOU BEAR ALL RESPONSIBILITY FOR ADVICE AND SERVICES FURNISHED TO YOUR CLIENTS, REGARDLESS OF WHETHER YOU EMPLOYED THE SOFTWARE OR OLTIS'S WEB SITE IN CONNECTION WITH THE DEVELOPMENT OF SUCH ADVICE. POSSIBLE FUTURE RESULTS OF INVESTMENT DECISIONS ARE PROVIDED MERELY FOR INFORMATION PURPOSES AND SHOULD NOT BE REGARDED AS A PREDICTION OR GUARANTEE OF ANY FUTURE RESULTS.
LIMITATION OF LIABILITY AND DAMAGES
THE ENTIRE LIABILITY OF OLTIS FOR ANY REASON SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR LICENSING THE SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OLTIS IS NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO: DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR INVESTMENT, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF OLTIS OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, OLTIS AND ITS REPRESENTATIVES' TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THIS SOFTWARE. SOME STATES DO NOT ALLOW THE LIMITATION AND/OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
The limitations of damages set forth above are fundamental elements of the basis of the bargain between OLTIS and you. OLTIS would not be able to have provided this product without such limitations.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless OLTIS and its affiliates, officers, directors, employees, consultants, agents, and shareholders from any and all claims, liability, damages and/or costs (including without limitation attorneys' fees) arising from your failure to comply with this Agreement, or relating or arising in any way out of any services or advice alleged to have been rendered or not rendered by or on behalf of you to any third party.
U.S. GOVERNMENT RESTRICTED RIGHTS
The Software is a "commercial item," as that term is defined at 48 C.F.R. 2.101 (OCT. 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (SEPT. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227-7202-1 through 227-7202-4 (JUNE 1995), all U.S. Government End Users acquire the Software with only those rights set forth herein. OLTIS Software, LLC at 33 N Stone Avenue, suite 1050, Tucson AZ 85701
EXPORT RESTRICTION
You acknowledge and agree that the Software is subject to restrictions and controls imposed by the Export Administration Act and the Export Administration Regulations ("the Acts"). You agree and certify that neither the Software nor any direct product thereof is being or will be acquired, shipped, transferred or exported, directly or indirectly outside the United States or Canada or will be used for any purpose prohibited by the Acts; provided, however, U.S. citizens and U.S. permanent resident aliens may travel to countries not prohibited by the Acts and access the Software provided they are not using the Software in violation of the Acts.
GENERAL PROVISIONS
This Agreement sets forth OLTIS’s and its Representatives' entire liability and your exclusive remedy with respect to the Software. You acknowledge that this Agreement is a complete statement of the agreement between you and OLTIS, and that there are no other prior or contemporaneous understandings, promises, representations, or descriptions regarding the Software or any related services.
The Representatives of OLTIS are not authorized to make modifications to this Agreement, or to make any additional representations, commitments, or warranties binding on OLTIS, other than in writing signed by an officer of OLTIS. Accordingly, such additional statements are not binding on OLTIS and you should not rely upon such statements.
OLTIS may make changes to this Agreement which will take effect immediately, except that if we are required by law to give you prior notice of any change, the change will not take effect until OLTIS has notified you.
If any provision of this Agreement is invalid or unenforceable under applicable law, then it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. The validity and performance of this Agreement shall be governed by Virginia law (without reference to choice of law principles), except as to copyright and trademark matters, which are covered by federal laws. This Agreement is deemed entered into at Midlothian, Virginia, and shall be construed as to its fair meaning and not strictly for or against either party. You agree that the proper forum for claims under this Agreement will be the courts of the Commonwealth of Virginia for Chesterfield County or the U. S. District Court of the Eastern District of Virginia, and you agree to submit to the jurisdiction of these courts.
No Investment Recommendations or Professional Advice.
The information provided by Oltis is for general informational purposes only and should not be considered an individualized recommendation or personalized investment advice. The Software is not intended to provide tax, legal, insurance or investment advice, and nothing on the Software should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any product or service by Oltis or any associated third party.
The type of savings and investment strategies mentioned may not be suitable for everyone, and you alone are solely responsible for determining whether any investment, strategy or any other product or service is appropriate or suitable for you based on your investment objectives and personal and financial situation. You should consult an independent financial advisor, attorney or tax professional regarding your specific investment, legal or tax situation. The content provided is not intended to represent results you should expect in the future, and Oltis cannot and does not guarantee the accuracy, completeness or reliability of any information provided on or through the software.
You agree that you are solely responsible for any actions taken based on any content found on the software or any software associated with Oltis and hereby release Oltis from any and all liability.
The OLTIS ShareLogix software contains income need, expense projection and investment growth calculation features. OLTIS does not have any control over your use of the Software and related information. OLTIS does not warrant the performance or results that may be obtained by its use. OLTIS does not represent, warrant, or guarantee the accuracy or timeliness of the data contained in the Software or printed materials and shall not have any liability of any kind whatsoever to you, or to any party, because of any inaccuracies in or lack of timeliness of the data, or for any delay in reporting such data or corrections to such data contained in the Software or printed materials. Various information in the Software may not be current or accurate. The Software should not be used without confirming research from other sources, obtaining up-to-date information, and separate analysis by the user of his or her own particular financial situation. OLTIS does not recommend, guarantee, or represent that the Software will predict the future performance of investment or insurance products of any kind. Moreover, this Software does not offer customized tax, legal, investment or risk management advice or strategies.
The projected return, standard deviation, correlation, and inflation assumptions included in the Software are based on a combination of the historical performance of an appropriate broad market index, additional research, and a current assessment of the economy and financial market conditions. These conditions may or may not be duplicated in the future. OLTIS offers such return, standard deviation, correlation and inflation assumptions "as is," as a convenience to you. OLTIS does not warrant or guarantee any of these assumptions, nor does it recommend, warrant, or guarantee their usefulness. You have the flexibility to input your own assumptions for projected data. Therefore, if you decide to use the projected data included in the Software, you understand and agree that such usage is at your own risk, that you bear all responsibility for the results generated through the use of such data, and that OLTIS shall not have any liability of any kind whatsoever to you, or to any party, because of your use of such data.
Data Agreement
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Oltis Software, LLC
END-USER LICENSE AGREEMENT
Last Revised: Jan 1, 2008
Please take a few minutes to read these terms of use (referred to throughout as the
"Agreement"
). Any reference to OLTIS Software, LLC in this Agreement includes any directors, officers, employees, contractors, agents or licensees of OLTIS Software, LLC and Advisor Exchange, LLC with business offices at 2624 Patriot Boulevard, Glenview IL, 60026 and any directors, officers, employees, contractors, agents or licensees of Advisor Exchange, LLC. As used in this document, the words “you” and “your” refer to the undersigned’s use of the Service; the words “we” “us” “our” and any other variation thereof, refer to OLTIS Software, LLC.
Acceptance of Terms
When you click on the "I Accept" button, you agree to accept the terms and conditions (the
"Terms"
) of this Agreement, including any amendments to the Agreement or changes in the Terms. If you do not agree to all of the Terms, click on the “I Decline” button. If you do not accept and agree to all of the Terms, you will not be entitled to use the OLTIS Software, LLC Web site, Content, software and the aggregation service (the “Service”). OLTIS Software, LLC reserves the right to change the Terms under which the Services are offered in its sole discretion at any time; however, OLTIS Software, LLC will notify you of any material changes to the Terms. In most cases, you will receive notice on-line the next time you log in; however, OLTIS Software, LLC reserves the right to notify you by e-mail or conventional mail, at its discretion. You agree that if you continue to use the Services after we notify you of any change, you thereby accept the changes to the Terms and agree to be bound by this Agreement, as amended. If you do not accept and agree to the changes to the Terms, you will not be entitled to use the Service. You can review, download and print the most current version of this Agreement at any time by clicking User Agreement. If you do not agree to the changes, or if at any time you wish to discontinue your use of the Services, you can unsubscribe by using the “Unsubscribe From Service Feature” which can be accessed from the Profile Tab. Alternatively, if you prefer, you can Unsubscribe by sending a registered or certified letter to OLTIS Software, LLC at OLTIS Software, LLC, 15029 n Thompson Peak, B111-451, Scottsdale AZ 85260. Once your account with OLTIS Software, LLC has terminated for any reason, you will have no further right or access to use the OLTIS Software, LLC Service. To use the Service you must be at least eighteen (18) years old and have an e-mail address.
License Terms and Cancellation Policy
The OLTIS Software license shall cover 12 consecutive months of service and will be billed to your credit card monthly. At the expiration of your initial term, your subscription will automatically renew for one additional year at your current Annual License Fee, unless you elect to terminate.
Cancellation of a license prior to completing 12 consecutive months of service will result in a $300 early termination fee. In the event of cancellation, no partial month refunds will be issued.
Third Party Accounts
Once you invite your clients to use the OLTIS Software, LLC Service, you understand and agree that, in order to provide the Service, it is necessary for OLTIS Software, LLC to access third party Web sites and data bases containing information regarding your clients accounts and financial relationships as designated by your clients (
"Third Party Accounts"
), on your clients behalf, to retrieve information as requested or authorized by you clients. You warrant and represent that the information you are providing us with is true, correct and complete.
For as long as you and your client are using the Service, you give to OLTIS Software, LLC a limited power of attorney and appoint OLTIS Software, LLC as your true and lawful attorney-in-fact and agent, with full power of substitution and resubstitution, for you and in your name, place and stead, in any and all capacities, to access the Third Party Accounts, retrieve Content, and use your clients Content, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with the Service, as fully to all intents and purposes as your client might or could do in person. Once OLTIS Software, LLC has actual knowledge that you and/or your client wish to cease using the Service as provided in this Agreement or as otherwise permitted in this Agreement and has a reasonable opportunity to act on such knowledge, this limited power of attorney is automatically revoked; provided, however, that any act done by OLTIS Software, LLC in good faith before it has actual knowledge of termination by you and/or your client shall be deemed to be authorized by you and/or your client.
You understand and agree that at all times your relationship with your clients is independent of OLTIS Software, LLC and your use of the Service. OLTIS Software, LLC will not be responsible for any acts or omissions by the financial institution or other provider of any Third Party Account, including without limitation any modification, interruption or discontinuance of any Third Party Account by such provider.
YOU ACKNOWLEDGE AND AGREE THAT WHEN OLTIS SOFTWARE, LLC IS ACCESSING AND RETRIEVING INFORMATION FROM THE THIRD PARTY ACCOUNTS; OLTIS SOFTWARE, LLC IS ACTING AS YOUR CLIENTS AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY. YOU AGREE THAT OLTIS SOFTWARE, LLC, ITS AFFILIATES AND PARTNERS SHALL BE ENTITLED TO RELY UPON THE FOREGOING AUTHORIZATION, AGENCY AND POWER OF ATTORNEY GRANTED BY YOU AND YOUR CLIENT.
YOU AGREE THAT OLTIS SOFTWARE, LLC SHALL NOT BE LIABLE FOR ANY COSTS, FEES, LOSSES OR DAMAGES OF ANY KIND INCURRED AS A RESULT OF (1) OLTIS SOFTWARE, LLC’S ACCESS TO THE THIRD PARTY ACCOUNTS; (2) OLTIS SOFTWARE, LLC'S RETRIEVAL OF OR INABILITY TO RETRIEVE INFORMATION FROM THE THIRD PARTY ACCOUNTS; (3) ANY INACCURACY, INCOMPLETENESS OR MISINFORMATION CONTAINED IN CONTENT RETRIEVED FROM THE THIRD PARTY ACCOUNTS AND (4) ANY CHARGES IMPOSED BY THE PROVIDER OF ANY THIRD PARTY ACCOUNT.
Securities Quotations and Foreign Exchange Rates
In order to update the value of your clients assets as shown on your Financial Dashboard(sm), we will access your clients Third-Party Account. OLTIS Software, LLC MAKES NO REPRESENTATIONS, WARRANTIES OR OTHER GUARANTEES AS TO THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY PRICE QUOTES, NOR DOES OLTIS Software, LLC MAKE ANY REPRESENTATIONS, WARRANTIES OR OTHER GUARANTEES AS TO THE PRESENT OR FUTURE VALUE OR SUITABILITY OF ANY SALE, TRADE OR OTHER TRANSACTION INVOLVING ANY PARTICULAR SECURITY OR ANY OTHER INVESTMENT. You understand that OLTIS Software, LLC is not a broker or dealer in securities, and is not an investment or financial advisor. You are solely responsible for your investment research. The Foreign Exchange rates used in currency calculations are currently provided by xe.com to OLTIS Software, LLC. The Foreign Exchange rates are not real time. Neither OLTIS Software, LLC nor xe.com is responsible for the accuracy of the rates provided or for any actions taken in reliance thereon.
Password
To enable you, and only you, to access your Financial Dashboard and use the Service, you will be asked to choose a Password when you register with us. You will then create an OLTIS Software, LLC account. You are responsible for maintaining the confidentiality of your OLTIS Software Username and Password. You are responsible for all uses of your account, whether or not actually or expressly authorized by you. Therefore, it is important that you DO NOT SHARE YOUR USERNAME OR PASSWORD WITH ANYONE FOR ANY REASON. No one at OLTIS Software, LLC will know or will need to know your Password, and OLTIS Software, LLC employees will never ask you for your Password.
Electronic Communications
The OLTIS Software, LLC Service is an electronic, Internet based-service. Therefore, you understand and agree that this Agreement will be entered into electronically, and that the following categories of information (
"Communications"
) may be provided by electronic means:
• This Agreement and any amendments, modifications or supplements to it.
• Any initial, periodic or other disclosures or notices provided in connection with the Service, including without limitation those required by federal or state law.
• Any customer service communications, including without limitation communications with respect to claims of error or unauthorized use of the Service.
• Any other communication related to the Service.
Although OLTIS Software, LLC reserves the right to provide Communications in paper format at any time, you agree that we are under no obligation to do so. All Communications in either electronic or paper format will be considered to be "in writing." You should print a paper copy of this Agreement and any electronic Communication that is important to you and retain the copy for your records. If you do not wish to receive this Agreement or the Communications electronically, you may not use the Service. You agree to promptly update your registration records if your e-mail address or other information changes. You may update your records, such as your e-mail address, by using the Personal Profile page. Communications may be posted on the pages of the Service website and/or delivered to the e-mail address you provide. All electronic Communications sent by e-mail will be deemed to have been received by you when OLTIS Software, LLC sends it to you, whether or not you received the e-mail. If the Communications is posted on the Service, then it will be deemed to have been received by you no later than five (5) business days after OLTIS Software, LLC posts the Communication on the pages of the Service, whether or not you retrieved the Communication. An electronic Communication by e-mail is considered to be sent at the time that it is directed by OLTIS Software, LLC’s e-mail server to the appropriate e-mail address. An electronic Communication by posting to the pages of the Service is considered to be sent at the time it is publicly available. You agree that these are reasonable procedures for sending and receiving electronic Communications.
Hardware and Software Requirements.
In order to access and retain Communications, you must have:
• An Internet browser that supports 128-bit encryption, such as Netscape Navigator version 4.7 or above or Internet Explorer version 5.0 or above.
• An e-mail account and e-mail software capable of reading and responding to your e-mail.
• A personal computer, operating system and telecommunications connections to the Internet capable of supporting the foregoing.
• Sufficient electronic storage capacity on your computer’s hard drive or other data storage unit or a printer that is capable of printing from your browser and e-mail software
Proprietary Rights
You acknowledge and agree that OLTIS Software, LLC owns all rights in and to the Service. You are permitted to use the Service only as expressly authorized by this Agreement. You may not copy, reproduce, distribute, or create derivative works, reverse engineer or reverse compile any of OLTIS Software, LLC's Service or technology.
No Unlawful or Prohibited Use
As a condition of using the Service, you warrant to OLTIS Software, LLC that you will not use the Service for any purpose that is unlawful or is not permitted, expressly or implicitly, by the terms of this Agreement or by any applicable law or regulation. You further warrant and represent that you will not use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party's use and enjoyment of the Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service. You agree that these warranties and representations will remain in full force and effect even if this Agreement terminates for any reason.
Service Changes and Discontinuation
OLTIS Software, LLC may modify or discontinue the Service or your account with OLTIS Software, LLC, with or without notice, without liability to you, any other user or any third party. OLTIS Software, LLC reserves the right to terminate your account at any time and for any reason, including without limitation if OLTIS Software, LLC, in its sole judgment, believes you have engaged in conduct or activities that violate any of the Terms or the rights of OLTIS Software, LLC, or if you provide OLTIS Software, LLC with false or misleading registration information or interfere with other users or the administration of the Service.
Limitation of Warranty and Liability
YOU UNDERSTAND AND AGREE THAT OLTIS Software, LLC’S SERVICE IS PROVIDED "AS-IS." OLTIS Software, LLC ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
EXCEPT AS EXPRESSLY SET FORTH ON THE OLTIS SOFTWARE, LLC WEB SITE, OLTIS SOFTWARE, LLC DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND IT MAKES NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE, THE ACCURACY OF ANY INFORMATION RETRIEVED BY OLTIS SOFTWARE, LLC, FROM THE THIRD PARTY ACCOUNTS OR THAT THE SERVICE WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.
OLTIS SOFTWARE, LLC WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SERVICE, ANY INACCURACY OF ANY INFORMATION RETRIEVED BY OLTIS Software, LLC FROM THE THIRD PARTY ACCOUNTS, ANY BREACH OF SECURITY CAUSED BY A THIRD PARTY, ANY TRANSACTIONS ENTERED INTO BASED ON THE SERVICES, ANY LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF A USER'S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF OLTIS Software, LLC HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnification
You agree to indemnify, defend and hold harmless OLTIS Software, LLC, its affiliates, partners, officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from your use of the Service, OLTIS Software, LLC’s reliance on the information, instruction, license and/or authorization provided by you under or pursuant to this Agreement, your violation of the Terms or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity.
Miscellaneous
You understand and agree that OLTIS Software, LLC is not a bank, a broker-dealer firm, or any other kind of financial institution. You represent and warrant that you are who you claim to be and that you are rightfully authorized to access the Third Party Accounts. You understand that OLTIS Software, LLC is not responsible or liable if your clients financial institution’s or any other provider of Third Party Accounts system “goes down” or if they have any system failures and we are unable to retrieve information on your clients behalf.
You agree that our rights and remedies arising out of any breach of your representations and warranties in this Agreement, the limitations on our liability and our rights to indemnification under this Agreement are continuing and shall survive the termination of this Agreement, notwithstanding the lack of any specific reference to such survivability in these provisions. OLTIS Software, LLC’s failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of OLTIS Software, LLC’s right to subsequently enforce such provision or any other provisions of this Agreement.
The most current version of this Agreement as it appears on our Web site, including any amendments that we may make from time to time, constitutes the entire agreement between us, and supersedes and replaces all other agreements or understandings, whether written or oral, regarding the Service. This Agreement may be amended, or any of OLTIS Software, LLC's rights waived, only if OLTIS Software, LLC agrees in writing to such changes, or you continue using the Service following receipt of notice of any changes proposed by OLTIS Software, LLC. All notices to you shall be in writing and shall be made either via e-mail, conventional mail or messages delivered through the Service, at OLTIS Software, LLC's discretion. All notices to OLTIS Software, LLC must be made in writing and sent to OLTIS Software, LLC at OLTIS Software, LLC, 15029 n Thompson Peak, B111-451, Scottsdale AZ 85260 , via registered or certified mail. This Agreement is personal to you and you may not assign it to anyone. If either of us has any dispute or disagreement with the other regarding this Agreement that we cannot resolve amicably, both parties agree that the sole and exclusive remedy shall be binding arbitration in accordance with the then-current rules and procedures of the American Arbitration Association. This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect.
This Agreement shall take effect immediately upon acceptance of your completed registration by OLTIS Software, LLC.
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