TERMS OF SERVICE
THIS IS AN AGREEMENT BETWEEN YOU OR THE ENTITY THAT YOU REPRESENT
(hereinafter You or Your) AND WEALTHENV, LLC (hereinafter WEALTHENV)
GOVERNING YOUR USE OF OTTERBLOTTER, AN ONLINE BLOTTER REVIEW TOOL.
Parts of this Agreement>
This Agreement consists of the following terms and conditions (hereinafter
the General Terms) and terms and conditions, if any, specific to use of
individual Services (hereinafter the Service Specific Terms). The General
Terms and Service Specific Terms are collectively referred to as the
Terms. In the event of a conflict between the General Terms and Service
Specific Terms, the Service Specific Terms shall prevail.
Acceptance of the Terms
You must be of legal age to enter into a binding agreement in order to
accept the Terms. If you do not agree to the General Terms, do not use any
of our Services. If you agree to the General Terms and do not agree to any
Service Specific Terms, do not use the corresponding Service. USE OF
OTTERBLOTTER SIGNIFIES YOUR ACCEPTANCE OF THE TERMS AND GENERAL TERMS OF
SERVICE. IF YOU DO NOT AGREE TO THE TERMS, DO NOT PROCEED OR USE
OTTERBLOTTER IN ANY MANNER.
Description of Service
OtterBlotter is a Service that reviews trade blotters for potential issues
(Service or Services). OtterBlotters enables you to populate the
information by pasting in or importing spreadsheets. The application
exists as a Google Sheets Add-On. You may use the Services for your
business use or for internal business purpose in the organization that you
represent. You may connect to the Services using any Internet browser
supported by the Services. You are responsible for obtaining access to the
Internet and the equipment necessary to use the Services. You can create
and edit content with your user account and if you choose to do so, you
can publish and share such content.
Modification of Terms of Service
We may modify the Terms upon notice to you at any time through a service
announcement or by sending email to your primary email address. If we make
significant changes to the Terms that affect your rights, you will be
provided with at least 30 days advance notice of the changes by email to
your primary email address. You may terminate your use of the Services by
providing WealthEnV notice by email within 30 days of being notified of
the availability of the modified Terms if the Terms are modified in a
manner that substantially affects your rights in connection with use of
the Services. In the event of such termination, you will be entitled to
prorated refund of the unused portion of any prepaid fees. Your continued
use of the Service after the effective date of any change to the Terms
will be deemed to be your agreement to the modified Terms.
Personal Information and Privacy
Personal information you provide to WealthEnV through the Service is
governed by OTTERBLOTTER's Privacy Policy. Your election to use the
Service indicates your acceptance of the terms of the Privacy Policy. You
are responsible for maintaining confidentiality of your username, password
and other sensitive information. You are responsible for all activities
that occur in your user account and you agree to inform us immediately of
any unauthorized use of your user account by sending an email. We are not
responsible for any loss or damage to you or to any third party incurred
as a result of any unauthorized access and/or use of your user account, or
otherwise.
Communications from WealthEnV
The Service may include certain communications from WealthEnV, such as
service announcements, administrative messages and newsletters. You
understand that these communications shall be considered part of using the
Services. As part of our policy to provide you total privacy, we also
provide you the option of opting out from receiving newsletters from us.
However, you will not be able to opt-out from receiving service
announcements and administrative messages.
Fees and Payments
The Services are available under subscription plans of various durations.
Your subscription will be automatically renewed at the end of each
subscription period unless you downgrade your paid subscription plan or
inform us that you do not wish to renew the subscription. At the time of
automatic renewal, the subscription fee will be charged to the Credit Card
last used by you. We provide you the option of changing the details if you
would like the payment for the renewal to be made through a different
Credit Card. If you do not wish to renew the subscription, you must inform
us at least seven days prior to the renewal date. If you have not
downgraded your plan and if you have not informed us that you do not wish
to renew the subscription, you will be presumed to have authorized
WealthEnV to charge the subscription fee to the Credit Card last used by
you.
From time to time, we may change the price of any Service or charge for
use of Services that are currently available free of charge. Any increase
in charges will not apply until the expiry of your then current billing
cycle. You will not be charged for using any Service unless you have opted
for a paid subscription plan.
Restrictions on Use
In addition to all other terms and conditions of this Agreement, you shall
not: (i) transfer the Services or otherwise make it available to any third
party; (ii) provide any service based on the Services without prior
written permission; (iii) use the third party links to sites without
agreeing to their website terms & conditions; (iv) post links to third
party sites or use their logo, company name, etc. without their prior
written permission; (v) publish any personal or confidential information
belonging to any person or entity without obtaining consent from such
person or entity; (vi) use the Services in any manner that could damage,
disable, overburden, impair or harm any server, network, computer system,
resource; (vii) violate any applicable local, state, national or
international law; and (viii) create a false identity to mislead any
person as to the identity or origin of any communication.
Data Ownership
We respect your right to ownership of content stored by you. You own the
content created or stored by you. Unless specifically permitted by you,
your use of the Services does not grant WealthEnV the license to use,
reproduce, adapt, modify, publish or distribute the content created by you
or stored in your user account for WealthEnV's commercial, marketing or
any similar purpose. However, you grant WealthEnV permission to access,
copy, distribute, store, transmit, and reformat the content of your user
account solely as required for the purpose of providing the Services to
you.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR
SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS.
RISC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. RISC MAKES NO
WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR
FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE
SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE,
WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE
DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN
OR ORAL, OBTAINED BY YOU FROM WEALTHENV OR ITS REPRESENTATIVES SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
Limitation of Liability
YOU AGREE THAT WEALTHENV SHALL, IN NO EVENT, BE LIABLE FOR ANY
CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR
DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION,
COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT
OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF RISC
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL
RISCS ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR
INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE.
Indemnification
You agree to indemnify and hold harmless WealthEnV, its officers,
directors, employees, suppliers, and affiliates, from and against any
losses, damages, fines and expenses (including attorney's fees and costs)
arising out of or relating to any claims that you have used the Services
in violation of another party's rights, in violation of any law, in
violations of any provisions of the Terms, or any other claim related to
your use of the Services, except where such use is authorized by
WealthEnV.
Suspension and Termination
We may suspend your user account or temporarily disable access to whole or
part of any Service in the event of any suspected illegal activity,
extended periods of inactivity or requests by law enforcement or other
government agencies. Objections to suspension or disabling of user
accounts should be made within thirty days of being notified about the
suspension. We may terminate a suspended or disabled user account after
thirty days. We will also terminate your user account on your request.
You have the right to terminate your user account if WealthEnV breaches
its obligations under these Terms and in such event, you will be entitled
to prorated refund of any prepaid fees. Termination of user account will
include denial of access to all Services, deletion of information in your
user account such as your email address and password and deletion of all
data in your user account.