Apeiron Software Limited Terms of Use (the "Terms")

General

By using the Services, you are agreeing to these Terms. Please read them carefully.

All information provided by Apeiron Software Limited (the "COMPANY"), including but not limited to RetireWare Software-as-a-Service, online tools and content (collectively referred to as "RetireWare" or "Services") is owned by or licensed to the COMPANY and any user is permitted to store, manipulate, analyze, reformat, print and display the information, but only for such user's personal use as set out in the RetireWare License Agreement.

In no event shall any user publish, retransmit, redistribute or otherwise reproduce RetireWare in any format to anyone, and no user shall use any RetireWare Information in or in connection with any business or commercial enterprise, including, without limitation, any financial services or media business or enterprise.

Professional Advice

Prior to making any decision that may impact any aspect of your financial security based on RetireWare, you are advised to consult with a qualified financial advisor.

Limitation

RETIREWARE IS PROVIDED TO THE USERS "AS IS." NEITHER APEIRON SOFTWARE LIMITED NOR ITS AFFILIATES MAKE ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND REGARDING RETIREWARE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. NEITHER APEIRON SOFTWARE LIMITED NOR ITS AFFILIATES WILL BE LIABLE TO ANY USER OR ANYONE ELSE FOR ANY INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE, IN RETIREWARE OR FOR ANY DAMAGES (WHETHER DIRECT OR INDIRECT, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY) RESULTING THEREFROM.

Using RetireWare

You must follow any policies made available to you within the Services.

You may use the Services only if you can form a binding contract with the COMPANY, and only in compliance with these Terms and all applicable local, provincial, federal and international laws, rules and regulations.

You may use our Services only as permitted by law, including laws and regulations applicable to financial advisors.

We may suspend or stop providing Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.

Creating an account with RetireWare gives you access to the Services in our sole discretion. We may maintain different types of accounts for different types of Users. If you open an account on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf. You agree not to use user names or board titles that are offensive, obscene, or harassing to others. We reserve the right to require you to change your user name or any profile information at any time and for any reason in our sole discretion.

You may close your account at any time by sending an email to support@retireware.com. We may permanently or temporarily terminate or suspend your user account or access to the Services for any reason, without notice or liability to you, including if in our sole determination you violate any provision of our Acceptable Use Policy or these Terms, or for no reason.

Upon termination of your use of the Service, you continue to be bound by applicable sections of these Terms including but not limited to data, intellectual property rights, copyright and account termination.

When you create your RetireWare account, you must provide us with accurate and complete information. Please be sure to provide us with up to date contact information for you so we know how to reach you. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, and numbers) with your account. You are solely responsible for the activity that occurs on your account, and you agree to keep your account login and password secure. You must immediately notify the COMPANY of any compromise of your credentials you become aware of and any unauthorized use of your account.

We may, without prior notice, change the Services; add features, stop providing features of the Services, to you or to users generally; or create usage limits for the Service.

Please keep in mind that you are solely responsible for your interactions with other users. We reserve the right, but have no obligation, to monitor disputes between you and other users. The COMPANY will have no liability for your interactions with other users, or for any user’s action or inaction. Please help to make RetireWare a positive, honest, ethical, useful and respectful community.

Leader's Groups

You acknowledges that there is no screening process to qualify a user that moderates a Leader's Group (a "Leader").

You are responsible for ensuring that your Leader is a legitimate person who is qualified to provide investment or other relevant advice. It is your responsibility to carry out due diligence on the Leader's credentials, employment, good standing and ethical practice. The COMPANY does not endorse or recommend any Leader, nor does the COMPANY represent that he or she has been accepted following a screening process. The criteria for accepting a Leader is limited to verifying the Website of the Leader's employer at the time of signing up.

You are encouraged to inform the COMPANY of any unethical or suspicious behaviour by a Leader. After reviewing a situation brought to the COMPANY's attention, if the COMPANY believes unethical or dishonest behaviour took place, the Leader's account will be immediately closed.

You on your own behalf or on behalf of any party which may claim through you, hereby agrees not to make any claim or take any proceeding against the the COMPANY from and of any and all actions, causes of actions or demands whatsoever which you may have in the future.

Content

Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.

Except for user content, all content and other subject matter included on or within the Services, and all Intellectual Property Rights in or related to the Services or any such content or other subject matter are the property of the COMPANY and its licensors. Except as expressly provided in these Terms, you agree not to use, modify, reproduce, distribute, sell, license, or otherwise exploit the Services without our permission.

The Services may display some content and links that is external to the Website. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so do not assume that all content is reviewed by us.

Third-party Links, Sites and Services

The Service may contain links to third-party websites, services, special offers, or other events or activities that are not owned or controlled by the COMPANY. The COMPANY does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from the Service, you do so at your own risk and you agree that the COMPANY will have no liability arising from your use of or access to any third-party website, service, or content.

Indemnity

You agree to indemnify and hold harmless the COMPANY and its officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal fees (including costs of defense of claims, suits or proceedings brought by third parties), arising out of or in any way related to (i) your access to or use of the Services, (ii) your user content, or (iii) your breach of any of these Terms.

Disclaimers

The COMPANY takes no responsibility and assumes no liability for any user content that you or any other user or third party posts or sends over the Services. You are solely responsible for your user content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your and any other users’ online distribution and publication of your and their user content. You understand and agree that you may be exposed to user content that is inaccurate, objectionable or otherwise unsuited to your purpose.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES, AND USER CONTENT REMAINS WITH YOU AND YOU USE THE SERVICES AT YOUR OWN RISK. YOU AGREE THAT NEITHER THE COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR RELATED TO THESE TERMS OR FROM THE SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, USER CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

IN NO EVENT WILL THE COMPANY’S AGGREGATE LIABILITY, OR THAT OF ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR USER CONTENT EXCEED ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE COMPANY AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR CERTAIN WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU.

The Services are controlled and operated from its facilities in the Province of Ontario, Canada. The COMPANY makes no representations that the Services is appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable local, provincial, fedral or regulatory authority,

Governing Law

For any dispute you have with the COMPANY, you agree to first contact us at support@retireware.com and attempt to resolve the dispute with us informally.

ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

You agree that: (i) the Services shall be deemed solely based in the Province of Ontario, Canada; and (ii) the Services shall be deemed a passive one that does not give rise to personal jurisdiction over the COMPANY, either specific or general, in jurisdictions other than the Province of Ontario, Canada.

General Terms

The COMPANY may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, "push" mobile notification, written or hard copy notice, or through posting of such notice on our Website, as determined by the COMPANY in our sole discretion. The COMPANY reserves the right to determine the form and means of providing notifications to you, provided that you may opt out of certain means of notification as described in these Terms and our Privacy Policy. The COMPANY may, in its sole discretion, modify or update these Terms from time to time, and so you should review this page periodically. When we change the Terms in a material manner, we will update the "last modified" date at the bottom of this page. Your continued use of the Services after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these Terms or to any future Terms, do not use or access (or continue to access) the Services. The COMPANY is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the COMPANY without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

Entire Agreement/Severability

These Terms, together with any amendments and any additional agreements you may enter into with the COMPANY in connection with the Services, shall constitute the entire agreement between you and the COMPANY concerning the Services. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect.

No Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and the COMPANY’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

These Terms were last modified on May 15, 2012.

Acceptable Use Policy

To keep the Services running smoothly for all of our users, you agree that you will use the Services only in a manner consistent with the following Acceptable Use Policy.

You agree not to post User Content that:

  • Creates a risk of harm, loss, physical or mental injury, emotional distress to any other person;
  • May create a risk of any other loss or damage to any person or property;
  • Violates, or encourages any conduct that violates laws or regulations;
  • Contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets);
  • Infringes any third party’s Intellectual Property Rights, privacy rights, publicity rights, or other personal or proprietary rights;
  • Contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or
  • Is fraudulent, false, misleading, or deceptive.

You agree not to engage in any of the following prohibited activities:

  • Use, display, mirror or frame the Services, any individual element within the Services, the RetireWare, trademark, logo or other proprietary information, or the layout and design of any page, without our express written consent;
  • Access, tamper with, or use non-public areas of the Service, our computer systems, or the technical delivery systems of our providers;
  • Attempt to probe, scan, or test the vulnerability of any RetireWare system or network or breach any security or authentication measures;
  • Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by the COMPANY or any of our providers or any other third party (including another user) to protect the Services or content;
  • Attempt to access or search the Services, user content or RetireWare or create new links, reposts, or referrals in the Services through the use of any engine, software, tool, agent, device or mechanism (including automated scripts, spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by RetireWare or other generally available third party web browsers;
  • Send any unsolicited or unauthorized spam, advertising messages, email, junk mail, chain letters or other form of solicitation;
  • Use any meta tags or other hidden text or metadata utilizing a RetireWare trademark, logo, URL, or product name without RetireWare’s express written consent;
  • Use the Service for any commercial purpose or the benefit of any third party, except as otherwise explicitly permitted for you by the COMPNAY or in any manner not permitted by the Terms;
  • Use RetireWare user information to forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
  • Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
  • Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
  • Impersonate or misrepresent your affiliation with any person or entity;
  • Violate any applicable law or regulation; or
  • Encourage or enable any other individual to do any of the activities prohibited in this Acceptable Use Policy.

The COMPANY reserves the right, but is not obligated, to remove any user content for any reason or for no reason, including user content that the COMPANY believes violates this Acceptable Use Policy or its Terms.

The COMPANY may also permanently or temporarily terminate or suspend a user account without notice and liability for any reason, including if, in the COMPANY’s sole determination, a user violates any provision of this Acceptable Use Policy, Terms, or for no reason.

Copyrights and Trademarks

©2017 Apeiron Software Limited. All Rights Reserved.

The RetireWare ® and RetraiteWeb ® names are registered trademarks of Apeiron Software Limited. The RetireWare, RetraiteWeb and Apeiron Software logos are trademarks of Apeiron Software Limited.

Site Viewing Requirements

This site is best viewed with these browsers' current or later versions: Internet Explorer version 8, Mozilla Firefox version 9, Google Chrome 18, or Safari 5. Other browsers or versions are not supported. The site requires a minimum screen resolution of 1024 x 768.

If you have questions or concerns regarding this statement, you should contact THE COMPANY via email at: info@retireware.com.

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