IMPORTANT: PLEASE READ THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT (EULA) AND TERMS OF SERVICE ("AGREEMENT") CAREFULLY BEFORE USING OR ACCESSING ANY PORTION OF THE SOFTWARE. BY USING OR ACCESSING THE SOFTWARE, YOU HEREBY ACCEPT THIS AGREEMENT AND AGREE THAT YOU AND YOUR COMPANY ("LICENSEE") ARE LEGALLY BOUND BY ITS TERMS AND THAT YOU HAVE THE RIGHT, POWER AND AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF LICENSEE AND BIND LICENSEE TO ITS TERMS. IF YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT, LICENSOR WILL NOT AND DOES NOT LICENSE THE SOFTWARE TO YOU OR YOUR COMPANY AND YOU MUST NOT ACCESS NOR USE THE SOFTWARE. YOU AND YOUR COMPANY SHALL BE LIABLE FOR ANY FAILURE TO COMPLY WITH THE TERMS OF THIS AGREEMENT AND THIS AGREEMENT IS ENFORCEABLE AGAINST ANY PERSON OR ENTITY THAT INSTALLS, ACCESSES, OR USES THE SOFTWARE.
This Agreement is a binding agreement between you ("End User," "Licensee," "You" or "Your") and Cash Flow Mapping, LLC ("Cash Flow Mapping," "Licensor," or "Company"). This Agreement governs your access or use of Company’s Cash Flow Mapping system, website, and software (collectively "the Software"), on any computing device owned or otherwise controlled by You (including a mobile, desktop, laptop, or tablet device – hereinafter "Computing Device").
The End User is defined as any single license instance used for interaction with the Software or Website. The End User does not include any financial adviser or entity who is utilizing the Software to resell or provide to End User clients.
In many instances, Company provides the Software in connection with branded financial, planning, accounting, retirement, or other advisor services (“Advisor”). In these cases, the Software and all intellectual property is owned by Company, but the services provided within the Software are provided by Advisers. Company's responsibility regarding the Software is limited to this End User License Agreement and the Terms of Service.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
You must not misuse this Website and may only use it in accordance with the License Restrictions in the Terms of Service. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and Company will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
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 this Website or to your downloading of any material posted on it, or on any website linked to it.
Certain Third Party Providers impose additional terms and conditions of use set forth elsewhere herein. Your use of Content from those Third Party Providers is also subject to those terms and conditions of use and you forever hold Company harmless from any and all claims, obligations, and/or liability arising in connection with the use of any Content, materials and information provided by any Third Party Provider.
Digital Millennium Copyright Act
Company has registered itself as a Service Provider and identified an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (the "Act") and avails itself of the protections under the Act. Company reserves the right to remove any Content contained in or posted to the Website that allegedly infringes another person's copyright. Notices to Company regarding any alleged copyright infringement on the Website should be directed to Company's Counsel's Office, at Barham & Maucere LLC, 6708 Heritage Business Court, Chattanooga, TN 37421.
Intellectual Property, Software and Content
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remain the property of Company, its affiliates, partners, or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Company and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
Except as otherwise described, all Content on the Website is made available only to provide information about Company and its services. Company controls and operates the Website and makes no representation that the Contents on such Website are appropriate or available for use in other locations. Other Company Websites may be controlled and operated outside of the United States of America and may be subject to the laws of the country in which they are controlled and operated. If you use the Company Website from a location other than the location where the Website is controlled and operated, you are responsible for compliance with applicable local laws.
Company operates the Software as a platform for Advisors to provide cash flow planning and analytic services to End Users.
Company is not responsible for any of the information provided by you or your Advisor, and is not responsible for any of the services or advice provided by Advisors. You should speak with your Advisors to understand the terms of engagement and scope of services they are providing to you. Company is not responsible for the accuracy of any of the information, analysis, conclusions, projections, predictions, or any other data that may be produced as a result of the End User/Advisor's use of the Software.
Company is not a financial, tax, investment, accounting or other advisor or service provider. Company's sole function in relation to you is that of providing access to the Software. Company does not make any recommendation, advice, prediction, projection, or analysis of any financial information on your behalf.
Any information, documentation, or computation provided by the Software is purely for informational purposes only and should not be relied upon to make any decision. Financial or cash flow planning should only be made upon the advice of a qualified advisor.
RESTRICTION OF LIABILITY
COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY ANY MATERIALS OR SOFTWARE, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE. COMPANY WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN OR SOFTWARE AVAILABLE THROUGH THIS WEBSITE, EVEN IF THERE IS NEGLIGENCE OR EVEN IF COMPANY OR AN AUTHORIZED COMPANY REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH. THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. COMPANY'S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION (IN CONTRACT, TORT [INCLUDING WITHOUT LIMITATION, NEGLIGENCE, PRODUCT LIABILITY AND STRICT LIABILITY], OR OTHERWISE) WILL NOT BE GREATER THAN FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
THERE MAY BE DELAYS, OMISSIONS, ERRORS, OR INACCURACIES IN THE CONTENT, AND THE CONTENT IS PROVIDED TO YOU ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND. COMPANY, THE THIRD PARTY PROVIDERS, AND THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND LICENSORS CANNOT AND DO NOT MAKE ANY REPRESENTATIONS AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEREBY DISCLAIM WITH RESPECT TO THE WEBSITE AND THE CONTENTS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES OF ANY KIND TO YOU OR ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, REPRESENTATIONS AND WARRANTIES REGARDING ACCURACY, TIMELINESS, COMPLETENESS, CURRENTNESS, RELIABILITY, STABILITY, READINESS, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE, OR ANY REPRESENTATIONS OR WARRANTIES ARISING FROM USAGE OR CUSTOM OR TRADE OR BY OPERATION OF LAW. COMPANY ASSUMES NO RESPONSIBILITY FOR THE CONSEQUENCES OF ANY ERRORS OR OMISSIONS. ANY MATERIAL, INFORMATION OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS ACCESSED AT YOUR OWN RISK AND DISCRETION AND YOU ALONE WILL BE RESPONSIBLE FOR ANY DAMAGE OR LOSS TO YOU, INCLUDING AND NOT LIMITED TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR LOSS OR DAMAGE TO ANY PROPERTY OR LOSS OF DATA OR LOSS OF REVENUE THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL.
COMPANY DOES NOT CONTROL THE CONTENT PROVIDED BY THIRD PARTY PROVIDERS AND DOES NOT GUARANTEE THE ACCURACY, INTEGRITY OR QUALITY OF SUCH CONTENT. YOU UNDERSTAND THAT BY USING THE WEBSITE YOU MAY BE EXPOSED TO CONTENT PROVIDED BY THIRD PARTY PROVIDERS THAT IS OFFENSIVE, INDECENT AND/OR OBJECTIONABLE. UNDER NO CIRCUMSTANCES WILL COMPANY BE LIABLE IN ANY WAY FOR ANY CONTENT PROVIDED BY THIRD PARTY PROVIDERS, INCLUDING ANY ERRORS OR OMISSIONS IN ANY SUCH CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY SUCH CONTENT.
IN NO EVENT SHALL COMPANY OR ANY THIRD PARTY PROVIDER OR ANY OF THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR LICENSORS BE LIABLE TO YOU OR TO ANYONE ELSE FOR (i) ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, CONSEQUENTIAL DAMAGES OR ANY OTHER LOSS OR INJURY CAUSED IN WHOLE OR IN PART BY CONTINGENCIES BEYOND THEIR CONTROL OR ANY NEGLIGENCE, INCLUDING ANY GROSS NEGLIGENCE, IN PROCURING, PROVIDING COMPILING, INTERPRETING, EDITING, WRITING, REPORTING, TRANSMITTING OR DELIVERING THE WEBSITE OR ANY CONTENT THEREON OR (ii) ANY CLAIM ARISING OUT OF OR RELATING TO THE WEBSITE OR ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON SUCH CONTENT, ANY DELAYS, ERRORS, OMISSIONS OR INTERRUPTIONS IN THE DELIVERY OR TRANSMISSION OF CONTENT, DATA AND SERVICES AVAILABLE ON THE WEBSITE OR ANY WEBSITE OF A THIRD PARTY PROVIDER OR (iii) ANY OTHER ASPECT OF THE WEBSITE OR ANY WEBSITE OF A THIRD PARTY PROVIDER OR (iv) FOR ANY TYPES OF DAMAGES (SUCH AS, BUT NOT LIMITED TO, DIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTHING IN THE PRECEDING PARAGRAPHS SHALL LIMIT OR OTHERWISE MODIFY ANY OF YOUR LIABILITIES OR OBLIGATIONS, ANY RESTRICTIONS ON CONTRIBUTED CONTENT OR ANY OTHER PROVISION SET FORTH IN THIS AGREEMENT.
Linking to this Website
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. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
Disclaimer as to ownership of trademarks, images of personalities and third party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with Company and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Website are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Company.
You agree to indemnify, defend and hold harmless Company, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs, including, but not limited to, attorneys' fees arising from your use on this Website or your breach of the Terms of Service.
Company reserves the right to seek all remedies available at law and in equity for violations of this Agreement, including the right to block access from a particular Internet address to our Website.
Invalidity If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments by contacting email@example.com.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Company. This End User License Agreement may be updated and amended from time to time by being updated on this Site.
FINRA Broker Check Check the background of Carl Lutz or Matthew Collins, Financial Advisor, on FINRA's BrokerCheck Lutz & Associates | 600 Park Avenue, Rochester, NY 14607 | phone: 585.264.1111 | fax: 585.264.0103 Securities products and services offered through Park Avenue Securities LLC (PAS), member FINRA, / SIPC. OSJ: 600 Delaware Ave., Buffalo NY 14202, 800-777-3411 PAS is an indirect, wholly-owned subsidiary of The Guardian Life Insurance Company of America (Guardian), New York, NY. Lutz & Associates is not an affiliate or subsidiary of PAS or Guardian. Important Disclosures 2020-109975 (Exp.10/22)