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LICENSED APPLICATION END USER LICENSE AGREEMENT
March 21, 2018
The Portfolio Monitor Service provides an online tool to assist with monitoring your portfolio assets, income and expenses in order to provide statistics and to estimate a future projection of your financial portfolio. The Portfolio Monitor Service
The Products or Services accessed through this application are licensed, not sold, to You (You, you) for use only under the terms of this license, unless specifically covered under a separate license agreement, in which case the terms of that separate license agreement will govern, subject to Your prior acceptance of that separate license agreement.
The licensor (Application Provider) reserves all rights not expressly granted to You. The Product and Services (Licensed Application or App) that is subject to this end-user license agreement (EULA). The EULA is a legal agreement between you (the end user) and Are We There Yet (licensor, us, or we). We are a company registered in Texas under SNS Web Ventures, LLC 64881943, with our registered office in Cedar Park, Texas. You can contact us by email at email@example.com.
This EULA is an agreement for the use (free or paid) of the Portfolio Monitor mobile and/or web application software service and the associated data supplied with the App. A donation does not constitute a payment.
We license the use of the App to you on the basis of this EULA and subject to any rules or policies applied by the platform provider that hosts the site or third party licenses needed for the software or services.
We do not sell the App to you. We remain the owners of the App at all times.
Additional Software Applications
This EULA also applies to any additional widgets, add-ons or other applications provided by Application Provider for use with the Software Application(s) you are subscribing for, which shall also be considered Software Application(s) hereunder. Such additional Software Application(s) may also have additional terms and conditions set forth on the applicable webpage, order form or documentation.
Operating System and Browser Requirements
The web App requires a PC with 2GB RAM and Windows 7 or above, or a Mac with 2GB RAM and OSX 10.6 or above, or a smartphone or tablet with adequate processing power.
We recommend Mozilla Firefox, Google Chrome, Microsoft Internet Explorer, or Apple Safari web browsers.
If you do not agree to the terms of this license we will not license the App to you and you must stop proceeding through the App.
Service and Support
The Application Provider will attempt to fix any reported defects in a future version. Service updates of the same version are not provided. The Application Provider works on this application as time permits, please be patient for updates and enhancements. The application may stop working as normal due to changes outside our control, and the developer of the application will work on these issue as soon as possible.
From time to time updates to the App may be installed at the web site. Depending on the update, you may not be able to use the Services until the update is complete.
The terms of this EULA apply to the App and any of the services accessible through the App, including any updates or supplements to the App or any Service, unless they come with separate terms, in which case those terms apply. If any open-source software is included in the App, the terms of an open-source license may override some of the terms of this EULA.
We may change these terms at any time by resetting your acceptance of the license agreement and requiring you to reaccept the new terms. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the App.
You will be assumed to have obtained permission from the owners of any mobile telephone, hand-held device, or personal computer that are controlled but not owned by you from which you access this App or download any services of the App. You and they may be charged by your and their service providers for internet access on the Devices. You accept responsibility in accordance with the terms of this EULA for the use of the App or any Service on or in relation to any Device, whether or not it is owned by you.
The App or any Service may contain links to other independent third-party websites. Third-party websites are not under our control and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgment regarding your interaction with any Third-party websites, including the purchase and use of any products or services accessible through them.
User Account Signup
When you access the App and register you will signup for a user account using your valid email address. The user account will require that you accept the license terms. The user account will be activated once you provide the appropriate information.
The user account duration will depend on your usage. If the account goes unused for a long period of time, the account data may be cleared. A new user account can be created if your old account is removed.
We reserve the right to delay, refuse or cancel a user account if the email address is not valid, inappropriate information is included in the account data, we suspect fraud, we suspect you are using this application for some commercial business of your own or for any other reason we are concerned that the use of the account is not appropriate. No other form of refund or credit will be offered nor will a refund be made to any third party card or account.
If you are a user account owner, you have the right to close your account without charge and without any reason. You can delete your account profile data yourself, however some blogging comment data will remain. You can email the administrator to actually close the account.
On termination for any reason, all rights granted to you under this EULA shall cease; you must immediately cease all activities authorized by this EULA, including your use of any Services.
The rights granted under this EULA to you are effective until terminated by us upon your breach of this EULA or end of any period(s) for which Fees have been paid (except as otherwise provided above). The Application Provider may terminate your rights hereunder by denying access to Software Application(s), or by written notice including by electronic transmission to an email address or device indicated by you. The Application Provider's rights and your representations and covenants under this EULA shall survive any termination or expiration hereof or your rights hereunder.
Upon termination of your rights, you shall immediately cease use of the Software Application(s). You may not be able to retrieve any data you have submitted to us, including via the Software Application(s). In some cases we may cause the Software Application to discontinue servicing your account, mobile application or website, in which case your content within the Software Application may be lost and/or inaccessible. Therefore, we urge you to maintain copies of all content submitted by you for your own protection.
Scope of License
You may access the App from a mobile device, personal computer or other supported device and for your personal use only.
You may not rent, lease, lend, translate, merge, hack, adapt, vary, modify, sell, re-distribute or sublicense the Licensed Application. You may not copy, decompile, reverse engineer, disassemble, or attempt to derive the source code of, modify, or create derivative works of the Licensed Application.
Any attempt to do so is a violation of the rights of the Application Provider and its licensors. If you breach this restriction, you may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by Application Provider that replace and/or supplement the original Product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
Acceptable Use, Export and Restrictions
1. is unlawful, including (but not limited to) infringing any right of confidence, right of privacy, or right under any applicable data protection legislation;
2. is defamatory, threatening, abusive, harassing, discriminatory, offensive, pornographic or otherwise objectionable;
3. is untrue, false, misleading or inaccurate;
4. constitutes negligent information;
5. is in breach of any contractual obligation owed to any person;
6. consists of or contains any instruction, advice or other information which, if acted upon, could cause illness, injury or death or any other loss or damage;
7. is or has been the subject of any threatened or actual legal proceedings or other similar complaint (and we reserve the right to remove any such material at our sole discretion and without notice);
8. contains personally identifiable, sensitive or security information;
9. contains comments that are not related to the topic for which the comment is appended.
We take any posting of abusive or offensive content seriously. Reporting offensive or abusive behavior/material is encouraged to maintain the integrity of this site. This can be done in the App via the Contact Us information on the main page.
Third Party Licenses
Other third party software or technology that may be used together with the Software Application(s) will be subject to you explicitly accepting a license agreement with that third party. Application Provider is not responsible for any non-performance or breach of any contract entered into between you and the third party. You release and indemnify the Application Provider and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of third-party providers and specifically waive any claims that you may have in this behalf under any applicable law. Application Provider may, but is not obligated, to add and make available additional features or functions, programming fixes, updates, upgrades or versions to the Software Application(s) (i.e. Updates). You may have to enter into a new version of this EULA when the updates are applied.
Copyright and Intellectual Property Rights
You acknowledge that all intellectual property rights in the App and the Technology anywhere in the world belong to us or our licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App or the Technology other than the right to use each of them in accordance with the terms of this EULA.
You acknowledge that you have no right to have access to the App in source-code form.
You acknowledge and agree that ownership of and title in and to all intellectual property rights, including patent, trademark, service mark, copyright, and trade secret rights, in the Software Application(s) are and shall remain with Application Provider. You are acquiring only the right to use the Software Application(s) under this EULA and you are not acquiring any ownership rights or title in or to the Software Application(s) or any copy thereof, including without limitation in or to any copyright or other proprietary rights in the Software Application(s), either express or implied.
You shall not remove any proprietary, copyright, trademark, or service mark legend from the Software Application(s).
All modifications and extensions to the Software Application(s) shall be considered part of the Software Application(s).
THE SOFTWARE APPLICATION(S) IS(ARE) PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, COMPLIANCE AND CONFORMITY WITH APPLICABLE LAWS, ALL OF WHICH ARE SPECIFICALLY DISCLAIMED, TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE ENTIRE RISK AS TO THE OWNERSHIP, RESULTS AND PERFORMANCE OF THE SOFTWARE APPLICATION(S) IS ASSUMED BY YOU. SHOULD THE SOFTWARE APPLICATION(S) PROVE DEFECTIVE, YOU (AND NOT PROVIDER OR DEVELOPER OR ITS LICENSORS, SUPPLIERS, DISTRIBUTORS OR DEALERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. NEITHER APPLICATION PROVIDER, DEVELOPER NOR ITS LICENSORS, SUPPLIERS, DISTRIBUTORS OR DEALERS WARRANT THAT THE FUNCTIONS CONTAINED IN THE PROGRAM WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE PROGRAM WILL BE UNINTERRUPTED OR ERROR FREE.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND APPLICATION PROVIDER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. APPLICATION PROVIDER DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLICATION PROVIDER OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
THE APPLICATION PROVIDER RECOMMENDS STRONGLY THAT YOU CONSULT WITH A QUALIFIED FINANCIAL ADVISOR. THE INFORMATION PROVIDED BY THE APPICATION CAN PROVIDE A STARTING POINT FOR DISCUSSION AND IS NOT ADVICE.
Limitation of Liability
You acknowledge that the App has not been developed to meet your individual requirements and that it is therefore your responsibility to ensure that the facilities and functions of the App as described meet your requirements.
We only supply the App for domestic and private use. You agree not to use the App for any commercial, business or resale purposes and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
You agree that we are not responsible for any loss or damage. You agree not to bring any legal action resulting from use of this App. You agree not to file any complaints with a regulation authority. You agree to contact us first to resolve any disputes. You agree that any disputes will be resolved in mediation.
Our maximum aggregate liability under or in connection with this EULA (including your use of any Services) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to the total amounts you have paid (not including donations) for the App including any updates or supplements for a 1 year period.
NEITHER APPLICATION PROVIDER NOR DEVELOPER NOR ITS LICENSORS, SUPPLIERS, DISTRIBUTORS OR DEALERS OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THIS PROGRAM SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, LOST PROFITS, BUSINESS INTERRUPTION OR LOSS OF INFORMATION ARISING OUT OF THE USE, THE RESULTS OF USE, OR INABILITY TO USE SUCH PROGRAM, OR DAMAGE OF LOSS CAUSED BY THE PROGRAM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL APPLICATION PROVIDER BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF APPLICATION PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
Other Important Terms
We may transfer our rights and obligations under this EULA to another organization, but this will not affect your rights or our obligations under this EULA.
You may only transfer your rights or obligations under this EULA to another person if we agree in writing.
If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
Events Outside Our Control
If an Event Outside Our Control takes place that affects the performance of the App or of our obligations under this EULA, our obligations under this EULA will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and we will use our reasonable efforts to find a solution by which our obligations under this EULA may be performed despite the Event Outside Our Control.
User Account and Service Security
Use of Software Applications is available only to persons who can enter in to legally binding contracts under applicable law. If you are a minor, i.e. under the age of 18 years, not competent or otherwise do not have the capacity to enter into a legally binding contract without the consent or assistance of another person, you may use website only under the supervision of a parent or legal guardian, as applicable, who agrees to be bound by this EULA. If no supervisor has agreed, and there is a problem with the usage of the account, the account may be terminated.
Account and Password
As a registered user of the Software Application(s), you may receive or establish an user account. You are solely responsible for maintaining the confidentiality and security of your account. You should not reveal your account information to anyone else, and must not use, or attempt to access or use anyone else's account. You are entirely responsible for all activities that occur on or through your account, and you agree to immediately notify Application Provider of any unauthorized use of your account or any other breach of security. Application Provider shall not be responsible for any losses arising out of unauthorized use of your account.
Loss of Content and Loss of Security
The Application Provider utilizes industry standard reliability and security measures in an attempt to protect and preserve your data, however, due to the relative insecurity of any information which is transmitted over the internet (and over wireless networks or intranets in connection with transmission to or from the internet), stored on servers which are accessible via the internet and other means, it is impossible to guarantee complete security. You will bear the full risk for security risks resulting from configuration choices made by you, as some changes can take the ability to provide any security for the application out of our control.
Additionally, if our servers or the servers of third party providers fail or become corrupt, we may lose and be unable to retrieve data you have submitted via the Software Application. Additionally, if your account is closed for any reason, your content within the Software Application will be lost and/or inaccessible, and mobile or web subscriptions you have created, as applicable, will no longer display. Therefore, we urge you to maintain copies of all content submitted by you for your own protection.
You agree that Application Provider may collect and use technical data and related information, including but not limited to technical information about Your device, system and application software, and peripherals, that is gathered periodically to facilitate the well behaved operation of the Licensed Application and other services to You (if any) related to the Licensed Application. Application Provider may use this information, as long as it is in a form that does not personally identify You, to improve its products or to provide services or technologies to You.
Your privacy is important to us. You agree that the information submitted to the App can be used generically in a form that does not personally identify You to capture statistics about our customer base. This Application is designed to minimize the amount of sensitive data used. You agree not to submit any sensitive data in any way other than that needed for the application. For example, your last name, account numbers, passwords, or credentials, etc. should not be entered into a profile or comment.
Some information submitted to this application may be intended as blogging comments that are intended to be published.
Users might be asked to subscribe to our newsletter by providing name and email address to receive communication. We use a secure op-in subscription system and we reserve the right to contact subscribers with information related to this website and blog. Subscribers may unsubscribe anytime by using the user settings page on this application.
You agree to carefully select to whom you grant access to see your profile. You are solely responsible for which other users can see your profile data. The site administrator will have access to your profile data in order to perform administration duties if needed.
Some information gathered by us is used to customize the experience for you the user.
This site is not responsible for advertising generated automatically from a third party advertising server.
Some content or endorsements may be sponsered or paid for by a product or advertiser, and in these cases it will be identified as a sponsered content.
To prevent unauthorized access and maintain data accuracy, we use industry standard methods to safeguard and secure the information we collect online, although you recognize that data transmitted online or stored in a facility to which online access is provided cannot be made to be 100% secure. We believe in protecting your information just as we would want our information protected.
In the event that personal information is compromised as a result of a breach of security, we will promptly notify those persons whose personal information has been compromised as may be required by applicable law.
Mobile and Web Subject to Platform and Vendor Requirements
The mobile applications and web applications are intended to function across a wide variety of mobile devices, browsers and software configurations ("platforms"). However, we cannot guarantee that they will function on all such platforms, and may function only partially or differently on some than on others. In addition, when hardware manufacturers or software developers make changes to their devices or software, as applicable, this can affect the functionality and appearance of the mobile applications and web applications which are outside our control.
The application service can only and is only designed to support a limited set of functions. The application service only provides support in English, and any content should be submitted in English and using English characters to avoid any possible functional problems with this website. Additionally, this site does not provide any specific accessibility features, however some features provided by the web browser may be usable.
You shall make necessary payments using your credit cards, internet banking accounts or any other recognized electronic/digital modes of payment through the Application Provider's or one of it's payment partner's website. Application Provider currently uses a third party payment processor and additional terms and conditions will apply to your transactions with such processor.
You agree, understand and confirm that the credit card details provided by you will be correct and accurate and you are using a credit card that you are legally authorized to use for this purpose. We will not be liable for any credit card fraud, abuse or unauthorized use by you or others. The liability to use a card fraudulently will be on the user and the responsibility to ﾑprove otherwiseﾒ shall be exclusively on the user.
The said information will not be utilized and shared by us with any third parties other than our payment service unless required by law, regulation or court order.
If any provision of this Agreement is held illegal or unenforceable in a judicial proceeding, such provision shall be severed and shall be inoperative, and the remainder of this Agreement shall remain operative and binding.
The laws of the State of Texas, excluding its conflicts of law rules, govern this license and your use of the Licensed Application. Your use of the Licensed Application may also be subject to other local, state, national, or international laws.
The Application Provider is entitled to transfer its rights and/or obligations to any third party without your prior written consent. However, you shall not be entitled to transfer your rights and obligations under this EULA without the prior written consent of Developer. However, should you allow or permit any other person to access any software or information to which you are given rights under this EULA, whether intentionally or involuntarily through your action or inaction, such third party shall also be subject to the terms hereof and shall be bound hereby the same as if they were "you" hereunder and you and they shall be jointly and severally liable hereunder for their breaches (provided that this shall not mean or imply that assignments or sublicenses hereunder are permissible or that such third parties may enjoy the license and rights granted to you hereunder). Nothing herein shall be construed as creating any agency, partnership, or other form of joint enterprise between the Parties.