This Product Addendum governs your use of the Orion Advisor Tech Service offerings available for Users of the Redtail CRM Launch and Redtail CRM Growth offerings. The Terms are hereby incorporated by reference. Depending on the Redtail CRM Service offering that is selected by Customer (Launch or Growth), Customer will have access to certain Service offerings made available through Redtail’s affiliate, Orion Advisor Technology, LLC (“Orion Advisor Tech”). This access will include, depending on the Redtail CRM Service offering purchased, the ability to leverage aspects of Orion Advisor Tech’s proprietary platform, including Orion Planning, proposal generation, stress test risk scoring, and new account opening tools (the “Orion Advisor Tech Platform”).
Customers of the Redtail CRM Launch offering will have access to the Client Portal functionality within the tools listed above. Customers of the Redtail CRM Growth offering will have full access to the Orion Planning functionalities listed above.
Customer further acknowledges, understands, and agrees that its use of the data aggregation functionality within the Orion Planning tool shall be subject to the additional terms and conditions found at https://orion.com/download/third-party-data-terms-and-conditions/, as maintained and updated by Orion Advisor Tech from time to time, and incorporated herein by this reference. Customer’s use of such data aggregation functionality within the Orion Planning tool shall be subject to a fee of ten dollars ($10.00) per household, per annum, and such fee will be invoiced to Customer quarterly in arrears.
2. License. Orion Advisor Tech hereby grants to Customer a non-exclusive and non-transferable license (the “License”) to access and utilize the Orion Advisor Tech Platform functionalities listed above for so long as Customer’s Account is active, pursuant to the Terms and this addendum. Customer hereby agrees that neither Redtail, Orion Advisor Tech, nor any third-party licensor providing information to Orion Advisor Tech shall have any liability for the accuracy or completeness of the information or technology furnished through the License or for delays, interruptions or omissions therein, nor for any lost profits, direct, indirect, special or consequential damages. Customer further agrees (i) not to use or permit anyone to use the information or technology provided through the License for any unlawful or unauthorized purpose; (ii) not to furnish such information or technology to any person or firm for reuse or retransmission without prior written approval from Orion Advisor Tech.
3. Disclaimer. Customer expressly agrees that neither Orion Advisor Tech nor Redtail, nor their affiliates, provide or will provide Customer with any financial or investment advice, and that any such action Customer takes in reliance on the tools available within the Orion Advisor Tech Platform is at Customer’s own discretion. Customer further agrees that it retains sole responsibility for all services provided to its clients and that only it will exercise “investment discretion” with respect to its client accounts and the securities held therein. Customer hereby agrees that the Orion Advisor Tech Platform is being provided “as-is”, without any warranty or representation regarding its availability, functionality, or results. Customer further agrees that Redtail, Orion Advisor Tech, or their affiliates, shall not be held responsible or liable for any result, or lack thereof, derived from Orion Planning or the Orion Advisor Tech Platform and Orion Advisor Tech, Redtail, and their affiliates assume no responsibility or liability for any action, investment decisions, advice, treatment, or services rendered by Customer whatsoever.
4. Access. Customer understands that access to the Orion Advisor Tech Platform requires the use of a password or other unique access code. Customer agrees that it will only allow access to the Orion Advisor Tech Platform to those of its employees or agents who need access to such information to perform their duties. Customer agrees to indemnify and hold Orion Advisor Tech harmless from actions initiated on the Orion Advisor Tech Platform by Customer, its agents or employees or through Customer’s own neglect, carelessness, or failure to maintain adequate safeguards to protect the access code. Customer shall immediately notify Orion Advisor Tech should the security of the Orion Advisor Tech Platform or the access code be compromised.