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1. Website Terms of Use

1.1 Please read these terms of use carefully before you start to use this website, redblacksoftware.com or any of its sub-domains (the ‘site’). These terms of use set out the basis on which RedBlack Software, LLC (‘RedBlack’, “we’, ‘our’ or ‘us’) makes the site available to you. By accessing or using the site, or otherwise continuing to deal with us, you indicate that you accept these terms of use, and our privacy notice and cookies policy, and that you agree to abide by them. If you do not agree to these terms of use, or our privacy notice and cookies policy, please do not use the site.

1.2 “you” refers to an individual accessing the site. Where appropriate, “you” also means any entity on whose behalf an individual is accessing the site. If you are using the site on behalf of an entity, you are representing that you are authorised to bind that entity in whose name these terms of use, and our privacy notice and cookies policy, are being accepted by you and that on request you will supply to us such evidence as we may request to this effect.

2.Information about us

The site is operated by RedBlack Software, LLC but may also include information about our affiliates and their businesses (our affiliates are other members of our group of companies). RedBlack Software, LLC, having its principal place of business at 1 Bedford Farms Drive, Suite 104, Bedford, New Hampshire 03110.

3.Purpose of the site and further information

3.1 The site is intended as a source of general information about our and our affiliates’ businesses, solutions, products and services. If you are (or you represent) an existing customer, then this site also enables you to access our services. Your access to and use of the site for the purposes of using our services through the site will be subject to a separate agreement you (or the entity you represent) entered into with us regarding the use of such services.

3.2 We aim to update the site regularly, and may change the content of the site at any time. Any of the material on the site may be out of date at any given time, and we are under no obligation to update such material. To the maximum extent permitted by law, we disclaim all warranties or representations that the site will be error-free or continuously available, or that the content of the site are accurate, complete, up-to-date, or fit for any particular purpose. You understand and agree that your access to and use of the site and its contents is at your own initiative and risk.

3.3 If you are interested in acquiring our solutions, products and services we invite you to contact us for information and advice tailored to your needs on info@redblacksoftware.com, or by getting in touch with us via the site. Our solutions, products and services are supplied subject to separate terms and conditions.

3.4 You should not rely on the general information on the site and, to the extent permitted by law, we will not be legally responsible to you or to anyone else who is told such information and places reliance upon it. Please see paragraph 7 below for a more detailed explanation of the limits of our liability.

4.Accessing the site

4.1 We permit access to the site on a temporary basis and reserve the right to withdraw or amend the site for any reason and without notice. We will not be liable to you if for any reason the site is unavailable at any time or for any period. You agree that we, in our sole discretion, may terminate or restrict your use or access to this site (or any part thereof) for any reason, including, without limitation, that we believe you have violated or acted inconsistently with the letter or spirit of these terms of use, or other terms and conditions contained within the site.

4.2 You are responsible for making all arrangements necessary for you to have access to the site. You are also responsible for ensuring that all persons who access the site through your internet connection are aware of these terms of use, and that they comply with them.

5.How you may use the site

5.1 You may use our site only for lawful purposes. You may not use our site:

  • a) In any way that breaches any applicable local, national or international law or regulation.
  • b) In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
  • c) For the purpose of harming or attempting to harm minors in any way.
  • d) To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
  • e) To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

5.2 You must not attempt to gain unauthorised access to the site, the server on which the site is stored or any server, computer or database connected to the site. You must not attack the site via a denial-of-service attack or a distributed denial-of service attack.

5.3 If you act in breach of paragraphs 5.1 or 5.2 above, you may commit a criminal offence under the laws of your jurisdiction. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach or alleged breach, your right to use the site will cease immediately.

5.4 In connection with your use of the site and that of any person authorized by you to use the site, you are responsible for compliance with all applicable laws and regulations of all relevant jurisdictions, including without limitation U.S. export and re-export control laws and regulations regarding the transmission of technical data exported from the United States or the country in which you reside, and all local laws, regulations and rules regarding online conduct and acceptable content.

5.5 You are responsible for obtaining all consents and approvals that may be required with regard to your access and use of the site and the content, or with regard to your disclosure of any information that you provide to us in connection with the site, regardless of whether such consents and approvals are required by law or otherwise.

6. Intellectual property rights

6.1 We respect the intellectual property rights of others and expects you to respect its intellectual property rights. It is the owner or licensee of copyright and all other intellectual property rights that subsist in the site, and of all materials (including all of the information, communications, software, scripting, photos, text, video, graphics, music, sounds, images and other materials and services) found or displayed on or made available through the site (‘content’). The content is protected by copyright or other intellectual property laws and treaties around the world. All such rights are reserved. We grant you a limited, personal license to access and make personal use of the site and the content solely for the following purposes:

  • a) You may print off one copy, and may download extracts, of any page(s) from the site for your personal reference and you may draw the attention of others within your organisation to material posted on the site.
  • b) You must always acknowledge our status (and that of any identified contributors) as the authors of the content.
  • c) You must not:
    • modify the paper or digital copies of any content (including any content you have printed off our site or downloaded in any way);
      and
    • use any content (including illustrations, photographs, video or audio sequences or any graphics) separately from any accompanying text;
    • use any part of the content for commercial purposes without obtaining a licence to do so from us or our licensors.

6.2 If you print off, copy or download any content (whether in whole or in part) in breach of these terms of use, your licence to access and use the site and any content will cease immediately and you must, at our option, return or destroy any copies of the content in your possession or control.

6.3 © Copyright 2021 RedBlack Software, LLC. All Rights Reserved. THE UNAUTHORIZED COPYING, DISPLAYING OR OTHER USE OF ANY CONTENT FROM THIS SITE IS A VIOLATION OF THE LAW. You acknowledge having been advised by RedBlack that the content is protected in the U.S. and internationally by a variety of laws, including but not limited to, copyright laws and treaty provisions, trademark laws, patent laws, and other proprietary rights laws (collectively “Rights”). In addition to RedBlack’s Rights in individual elements of the content, RedBlack or its licensors own a copyright in the selection, coordination and arrangement of the content. No RedBlack trademark or service mark may be used as a hyperlink without RedBlack’s prior written permission.

6.4 Other logos, brand names and trade names appearing on our site are the registered on unregistered trademarks of our clients and partners and may also be protected by copyright. By making them available on this site, we are not granting you a license to use them in any fashion.

6.5 By submitting any information or material on, or through the use of the site, you grant, or warrant that the owner of such material has expressly granted, us a royalty-free, fully-paid, perpetual, irrevocable, non-exclusive, worldwide license and right to use, make and have made, reproduce, modify, adapt, publish, translate, and distribute such material (in whole or in part) and to incorporate it in other works in any form, media, or technology now known or hereafter developed as available on the site.

7. The limits of our liability and indemnification

7.1 To the extent permitted by law, we, other members of our group of companies and third parties connected to us expressly exclude:

  • a) any guarantees, representations, or warranties (whether express or implied) that the site or its contents are complete, accurate, up-to-date, or fit for any particular purpose;
  • b) all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity (other than those conditions or warranties that cannot be excluded as a matter of law);
  • c) any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the site or in connection with the use, inability to use, or results of the use of the site, the content, and any websites linked to the site, , including, without limitation, any liability for:
    • loss of income or revenue;
    • loss of business;
    • loss of profits or contracts;
    • loss of anticipated savings;
    • loss of data;
    • loss of goodwill;
    • wasted management or office time; and
    • any other loss or damage of any kind, however arising and whether caused by tort(including negligence), breach of contract or otherwise, even if foreseeable;
      provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above. Notwithstanding the foregoing, our total liability to you for all losses, damages, and causes of action, including but not limited to those based on contract, tort or otherwise, arising out of your use of this site, its content or links, shall not exceed the amount you paid to access this site.

7.2 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any content posted on it, or on any website linked to it. We do not guarantee the security of any information transmitted to or from the site. You understand and agree to assume the security risk for any information you provide using the site.

7.3 This clause 7 does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

7.4 You agree to indemnify, defend, and hold us and our affiliates, subsidiaries, and the members, managers, officers, directors, employees, agents, and representatives of each of the foregoing (the ‘indemnified parties’), harmless from and against all claims, demands, suits or other proceedings, and all resulting loss, damage, liability, cost, and expense (including reasonable attorneys’ fees), due to or arising out of content, data, information, other materials that you submit, post to, or transmit through the site, your access to or use of the content and the site, your violation of these terms of use, or your violation of any rights of another (but not to the extent that the loss, damage, liability, cost, or expense was caused or contributed to by the indemnified parties). We reserve, and you grant to us, the right to assume the exclusive defence and control of any matter subject to indemnification by you hereunder. All rights and duties of indemnification that are set forth herein shall survive termination of these terms of use.

8. Information about you and your visits to the site

8.1 We process information about you. For more information, please see our privacy notice. By using the site, you consent to such processing and you warrant that all data provided by you is accurate.

8.2 We use cookies and similar technologies. For more information, please see our cookie policy.

9. Linking to the site

9.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

9.2 You must not establish a link from any website that is not owned by you.

9.3 The site must not be framed on any other site, nor may you create a link to any part of the site other than the home page. We reserve the right to withdraw linking permission without notice.

9.4 If you wish to make any use of material on the site other than that set out above, please address your request to info@redblacksoftware.com.

10. Links from the site

Where the site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. Any links to third party sites or resources should not be treated as an endorsement of the third party by us, or as an indication of any affiliation between us and the third party.

11. Jurisdiction, applicable law and general information

11.1 The courts exercising jurisdiction in the State of Illinois, USA will have non-exclusive jurisdiction over any claim arising from, or related to, access to or use of the site or its contents. We retain the right to bring proceedings against you for breach of these terms of use in your country of residence or any other relevant country.

11.2 These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of the State of Illinois, USA.

11.3 If any provision of these terms of use is held to be invalid by any law, rule, order or regulation of any government or by the final determination of any state or federal court, such invalidity shall not affect the enforceability of any other provision of the Terms of Use. The failure of RedBlack to exercise or enforce any right or provision of the terms of use shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the site, or the terms of use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

12. Variations

We may revise these terms of use at any time by amending this page. You should check this page from time to time to take notice of any changes we made. Any amendments to these terms will be effective from the date they are made, unless otherwise expressly indicated. You will be deemed to have accepted any amendments to these terms if you continue to access or use the site, or any content available through the site, after this page has been updated. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on the site.

13. Contact details

If you have any questions about these terms of use, please contact: legal@intelliflo.com

Page updated: 25 February 2021

Disclaimer Regarding Investment Advice

REDBLACK SOFTWARE, LLC IS NOT A REGISTERED INVESTMENT ADVISOR, AND NEITHER REDBLACK SOFTWARE, LLC NOR ANY SOFTWARE APPLICATIONS SOLD BY IT PROVIDE INVESTMENT ADVICE WITH RESPECT TO ANY SECURITIES OR SECURITIES TRANSACTIONS. REDBLACK SOFTWARE, LLC IS NOT A REGISTERED BROKER-DEALER NOR IS IT AFFILIATED WITH ANY REGISTERED BROKER-DEALER.