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Please read this End User Agreement (the “Agreement“) carefully as it sets forth the conditions of use of the websites, programs and software applications (collectively the “Applications”) of the Class VI Parties (as defined below) and is a legally binding agreement between you, personally, and any entity on whose behalf you are using the Applications (collectively “You” and/or “Your“) and Class VI Pathfinder, LLC (“CVIP”) and its affiliates Class VI Partners, LLC (“CVI”), Class VI Securities, LLC (“CVIS”), CoPilot Advisory Services, LLC (“CVIP”) and to the extent applicable CVA Family Office (“CVAFO”) (together, and with any of their affiliates, officers, directors, members, managers, partners, equity owners, employees, contractors or agents, the “Class VI Parties”). If You do not agree to the terms and conditions of this Agreement, You should immediately cease all usage of the Applications. CVIP reserves the right, at any time, to modify, alter, or update the terms and conditions of this Agreement without prior notice to You. Modifications shall become effective immediately upon download of any applicable updates or modifications to the Applications/being posted on the Applications and CVIP website. Your continued use of the Applications after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
1. Acceptance and Use of Applications
The Applications may be used by, and membership or participation in any online accounts, is limited to individuals who can form legally binding contracts under applicable law. You must (i) provide all equipment necessary for Your own Internet connection, including computer and/or table and/or mobile device and modem, and (ii) provide for Your access to the Internet. Subject to the terms and conditions of this Agreement, including the restrictions described in Section __ and your payment of the applicable fees described herein, You are hereby granted a limited, non-exclusive, non-transferable, restricted license solely for the purpose of using the Applications for _______________ or to receive services related to ___________ (“Services”) provided by or through the Applications (“Licensed Use”). No other right, title or interest is granted in, and to the Applications.
All content comprising the Applications, or available through the Applications, including the Applications’ design, text, graphics, interfaces, and the selection and arrangements thereof, and all trademarks, copyrights, database rights and other intellectual property rights related to it (“IP”) belong to CVIP. Any use of the Applications other than Licensed Use without prior written permission of an authorized officer of CVIP (“Prohibited Uses”) is strictly prohibited. Prohibited Uses includes use of materials on or from the Applications for uses other than Licensed Use, including reproduction , modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind.
You retain whatever rights you may hold in intellectual property as of the Effective Date in any proprietary information, data, text or materials that you post, submit, email or otherwise make available to or through the Applications to CVIP (“Your Material”).
Solely for the purpose of providing Services to You, and except as provided below, You grant CVIP a non-exclusive, royalty free, fully paid, perpetual, worldwide license to use, Your Material and any intellectual property rights therein, to analyze, reproduce, prepare derivative works of, and incorporate into other works.
You acknowledge and agree that subject to the terms of CVIP’s privacy policy (the “Privacy Policy”): (i) CVIP may also use certain information within Your Material or other data collected from and about You and Your usage of the Services (collectively, “Your Data”) for the purpose of providing or offering information, services and products of the Class VI Parties and resellers separate and in addition to the Licensed Use ; (ii) CVIP may also use Your Data for analyzing, maintaining, grouping, and predicting usage and other trends and generate reports thereof (“Analytics”), only so long as the resulting Analytics is aggregated and anonymized; an d (iii) CVIP may, on a commercial basis, share, provide, license, disclose and otherwise freely use such aggregated or anonymized Analytics to any third party, in its sole discretion.
If and to the extent the Class VI Parties use a third party processor to process Your payments of the applicable fees to use the Applications or obtain the Services (“Your Payment(s)”), the third party processor’s terms and conditions will govern the collection and use of Your payment information. If the Class VI Parties collect and process Your Payment directly, the Class VI Parties agree (i) will use Your Payment information (including payment/credit card information) solely to process Your Payment and for no other purpose; (ii) to comply with the Privacy Policy with respect to Your Payment information; (iv) to otherwise use commercially reasonable efforts to protect the privacy of your Payment Information (.
You represent and warrant to CVIP that: (i) You have the full power and authority to enter into and perform Your obligations under this Agreement; (ii) Your assent to and performance of Your obligations under this Agreement do not constitute a breach of or conflict with (A) any other agreement or arrangement by which You are bound, or (B) any applicable laws, regulations or rules (“Applicable Laws”); (iii) all information provided by You on Your account is accurate and current and will be updated by You to remain current; (iv) this Agreement constitutes legal, valid and binding obligations on You, enforceable in accordance with its terms and conditions; (v) You will not infringe the patent, copyright, trademark, trade secret, right of publicity or other intellectual property or proprietary right of any third party in Your use of the Applications; (vi) You will comply with all Applicable Laws in Your use of the Applications, as well as the agreed upon terms of this Agreement; and (vii) You understand and acknowledge that CVIP may terminate this Agreement at any time in its sole discretion.
The Applications is provided by CVIP on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, CVIP makes no warranties of any kind, express or implied, that the Applications or the use thereof (i) will be free from defects, inaccuracies or errors, (ii) will be uninterrupted or secure (iii) will meet Your requirements or (iv) will operate in the configuration or with the other software You use. EXCEPT AS OTHERWISE PROVIDED EXPRESSLY IN THESE TERMS, CVIP DISCLAIMS ALL WARRANTIES WITH REGARD TO THE APPLICATIONS OR SERVICES OR INFORMATION PROVIDED THROUGH THE APPLICATIONS, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
The content provided by the Class VI Parties through the Application, Services, Additional Services, or Analytics(collectively, “Content”) is for informational purposes only, and You should not construe or rely on any such information or other material as legal, tax, investment, financial, business, operational or other professional advice. All Content provided by the Class VI Parties is information of a general nature and does not address the circumstances of any particular individual or entity. The Class VI Parties are not a fiduciary by virtue of Your or any third party’s use of or access to the Applications or the Content. You alone assume the sole responsibility of evaluating the merits and risks associated with the use of any Content or other information provided by the Class VI Parties before making any decisions, strategies, or other acts or omissions based on, or in part of, such Content or other information. You agree not to hold the Class VI Parties liable for any possible claim for damages arising from any decision You make based on Content or information made available to You through the Applications.
THE CLASS VI PARTIES SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE APPLICATIONS, ITS USE, OR YOUR ACTS OR OMISSIONS BASED ON, OR IN PART ON, THE APPLICATIONS, OR ANY DELIVERABLE, ADVICE OR SUGGESTIONS ARISING THEREFROM (INCLUDING SERVICES, ADDITIONAL SERVICES, OR ANALYTICS), WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE LIABILITY OF THE CLASS VI PARTIES ARISING FROM, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT, THE APPLICATIONS, THE SERVICES, ADDITIONAL SERVICES, AND ANALYTICS EXCEED THE FEES PAID BY YOU THEREFOR. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend and hold the Class VI Parties harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Your use of the Applications, Services, Additional Services, and Analytics, Your breach of this Agreement, Your violation of any Applicable Laws, or Your infringement of any intellectual property or other right of a third party.
8. Modifications and Interruption to Services
CVIP reserves the right to stop providing the Applications and terminate this Agreement with or without notice to You. CVIP shall not be liable to You or any third party should CVIP exercise its right to stop providing the Applications. You acknowledge and accept that CVIP does not guarantee continuous, uninterrupted or secure access or use of the Applications and operation of the Applications and may be interfered with or adversely affected by numerous factors or circumstances outside of CVIP’s control.
10. Governing Jurisdiction, Applicable Laws and Jurisdiction/Venue
This Agreement shall be governed by and construed in accordance with the Applicable Laws of the State of Colorado, without giving effect to any principles of conflicts of law. You agree that this Agreement is made and partially performed in the State of Colorado, and that venue for any action at law or in equity arising out of or relating to this Agreement shall be exclusively limited to the state or federal courts located in the State of Colorado. You hereby consent and submit to the exercise of personal jurisdiction over you by such courts for the purpose of litigating any such action, and waive any defenses of lack of minimum contacts or forum non conveniens.
11. Compliance with Laws
You shall use the Applications and Services in compliance with any Applicable Laws. You shall not use or access the Applications and Services in any way that violates Applicable Laws. You further agree not to transmit any of Your Material that does not comply with Applicable Laws or encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any Applicable Laws.
Except as may be authorized by CVIP expressly in writing, You agree to not, nor shall You permit, assist or encourage any third party to: (a) reproduce, allow use of or access to the Applications, or sell, rent, lease, use for service bureau use, sublicense or otherwise transfer or distribute the Applications (including its questions and other text), in whole or in part, to any third parties; (b) modify, translate, reverse engineer, decompile, or disassemble the Applications or otherwise attempt to derive the source code for the Applications, nor take any other steps to discover the confidential information and/or trade secrets contained in the Applications; (c) copy, modify, adapt, alter, translate, enhance or otherwise modify or create derivative works of or from the Applications; (d) alter, destroy or otherwise remove any proprietary notices or labels on or embedded within the Applications; (e) use the Applications to develop any Applications or program having the same primary function as the Applications or otherwise exercise any rights in or to the Applications except as expressly permitted under this Agreement; (f) use, upload, post or transmit via or in connection with the Applications any unlawful, threatening, abusive, false, libelous, defamatory, obscene, pornographic, profane, or otherwise infringing or objectionable information or content of any kind, including, without limitation, any use or transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any Applicable Law, including violations of any patent, trade secret, copyright, trademark or other intellectual property right, privacy rights or any other rights of a third party; or (g) post or transmit into or via the Applications any information, software, material or other content that contains a virus, cancelbot, Trojan horse, worm or other harmful components.
13. Other Terms
If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Agreement and any other agreements referenced herein may be assigned by CVIP, in its sole discretion, to a third party in the event of a merger or acquisition or sale of all or substantially all of the assets of CVIP. This Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between You and CVIP.
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