applications, features, functionality, information and services offered by Rockit Solutions, LLC (“Rockit”, “we”, “us”, “our”), whether accessed through our website,
located at www.rockitco.com, or any corresponding websites associated and affiliated with Rockit, or any mobile, web, tablet, desktop or other devices
(each of the above and collectively referred to herein as the “Services”). By using the Services you expressly agree, on behalf of yourself and, if applicable, your institution,
to comply with this Agreement for the use of all Services available at this site. If you are not willing to be bound by the terms and conditions set forth below, please do not access the Services.
We reserve the right to discontinue Services to you, individually, or your institution in the event that you do not comply with the terms and conditions contained herein. We may amend this Agreement at any time.
When changes are made, we will post the updated Agreement and its revision date. Your use of the Services at any time is deemed acceptance of the Agreement then in effect.
1. USER ID AND PASSWORD
All customers will be provided with a user ID and password. You are solely responsible for maintaining the confidentiality of your user ID and password and we will not be responsible for any breach of security
caused by the failure to so maintain the confidentiality of your user ID and password. You further agree that you will be responsible for all transactions and activities that occur on your account or under your
user ID and password. You shall immediately notify us in the event of any unauthorized use of your account or if you become aware of any other breach of security.
2. ACCOUNT DATA
All account data is provided as a convenience and for your information, but is not the official record. Your statement remains the official record. Account data provided through the Services is generally updated
on a daily basis and is subject to adjustment and correction.
3. ACCESSING THE SERVICES
Effective upon acceptance of this Agreement, you will have a personal, nontransferable, revocable right to access and use the Services for non-commercial purposes. You are solely responsible for obtaining all equipment
and approvals necessary for connection to the Internet and all charges associated with such connection.
4. PROPRIETARY RIGHTS
We, and to the extent portions of the Services are provided by third party suppliers (collectively, “Suppliers”), the Suppliers, shall retain all right, title and interest to the Services including all copyrights,
trademarks, patents and all other intellectual property rights thereto. You may not, and you shall not allow any third party to, copy, distribute, sell, disclose, lend, transfer, convey, modify, decompile,
disassemble or reverse engineer the Services for any purpose whatsoever. You further agree that you will not allow any third party to access the Services, in whole or in part, for any purpose whatsoever.
You may not remove copyright notices or other proprietary legends from the Services, and no right to use any trademark is granted under this Agreement.
We, on behalf of ourselves and the Suppliers, expressly retain all rights in the Services that are not specifically granted under this Agreement.
5. ACCEPTABLE USE POLICIES
You agree to comply with the Acceptable Use Policies of our Suppliers who provide hosting services. See www.us.ntt.net/support/policy/aup.cfm and
wwww.cyrusone.com/aup/, as applicable.
You agree to comply with similar policies provided by other Suppliers that we may make available to you from time to time.
You may terminate your rights to access the Services at any time by contacting our customer services department. We reserve the right to require that you provide us with written notice of your desire to terminate your account.
Following any such termination, you agree that you will immediately cease to attempt to use the Services.
We reserve the right to decide, in our sole discretion, to restrict, suspend, terminate or modify the Services with or without notice. We may do so in order to maintain the Services, improve the Services, to prevent fraud or for any other reason.
You understand that we shall not be liable to you or any third party for any reason related to or arising from the termination of this Agreement, from our decision(s) to restrict, suspend, terminate or modify the Services or arising from the limitation,
delay or denial of access to the Services to some or all of our customers, whether such limitation, delay, denial or the cessation of Services is within our control.
7. WARRANTY DISCLAIMER
THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND NEITHER WE, NOR OUR SUPPLIERS OR SUB-CONTRACTORS MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR OPERATE UNINTERRUPTED, TIMELY OR ERROR FREE OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED.
IT IS FURTHER AGREED AND UNDERSTOOD THAT NEITHER WE, NOR ANY SUPPLIER WARRANTS THE ACCURACY OR RELIABILITY OF THE RESULTS OBTAINED THROUGH USE OF THE SERVICES OR ANY DATA DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH USE OF THE SERVICES,
AND IT IS HEREBY ACKNOWLEDGED BY EACH CUSTOMER THAT ANY DATA DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH USE OF THE SERVICES ARE TO BE USED AT SUCH CUSTOMER’S SOLE RISK. THE ENTIRE RISK ASSOCIATED WITH USE OF THE SERVICES AND
THE RESULTS AND INFORMATION DERIVED THEREFROM SHALL BE BORNE SOLELY BY THE CUSTOMER.
8. LIMITATION OF LIABILITY
IN NO EVENT SHALL WE OR ANY OF OUR AFFILIATES OR OUR SUPPLIERS OR SUB-CONTRACTORS BE LIABLE TO OUR CUSTOMERS OR ANY THIRD PARTY FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHETHER ARISING UNDER CONTRACT, WARRANTY, OR TORT
(INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR ANY OTHER THEORY OF LIABILITY ARISING FROM OR IN ANY WAY RELATED TO USAGE OF THE SERVICES OR OF INFORMATION DERIVED THEREFROM. WITHOUT LIMITING ANYTHING IN THE FOREGOING, WHILE WE WILL TAKE
REASONABLE SECURITY PRECAUTIONS TO SAFEGUARD DATA SENT USING THE SERVICES, IN NO EVENT WILL WE OR OUR AFFILIATES OR OUR SUPPLIERS OR SUB-CONTRACTORS BE LIABLE FOR THE INTERCEPTION OR ALTERATION OF ANY DATA OR OTHER COMMUNICATIONS OR FOR
COMMUNICATIONS LINE FAILURE, SYSTEM FAILURE, THEFT BY A THIRD PARTY WHO GAINS ACCESS TO THE SERVICES DESPITE REASONABLE PRECAUTIONS OR OTHER OCCURRENCES BEYOND OUR REASONABLE CONTROL. IF WE OR ANY OF OUR SUPPLIERS OR SUB-CONTRACTORS ARE
FOUND TO BE LIABLE FOR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO USAGE OF THE SERVICES OR OF INFORMATION DERIVED THEREFROM, IT IS HEREBY AGREED THAT SUCH LIABILITY SHALL NOT EXCEED $100.00 IN THE AGGREGATE.
You hereby agree to indemnify us and each of our affiliates and each of our and their respective directors, officers, employees, agents, Suppliers and sub-contractors and from and against all liabilities, losses, costs,
expenses (including reasonable attorneys' fees), and damages resulting from your use of the Services and/or any breach of the terms and conditions of this Agreement by you.
10. INTERNATIONAL USE; COMPLIANCE WITH LAWS
We make no representation that the Services are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents or use are illegal is prohibited.
You agree to comply with all applicable foreign and domestic laws, rules and regulations regarding your use of the Services.
This Agreement shall be construed in accordance with the laws of the State of New York without regard to its conflict of law provisions. Each Party submits to the exclusive jurisdiction of the state and federal courts located in
New York County (Manhattan), New York and irrevocably waives any right that such Party may have to assert that such forum is not convenient or that any such court lacks jurisdiction.
You agree and acknowledge that any breach of the provisions regarding proprietary rights or the appropriate usage of the Services contained in this Agreement shall cause us irreparable harm and that we may, therefore,
obtain injunctive relief as well as seek all other remedies available to us at law and/or in equity.
You agree not to transfer or assign this Agreement or your rights under this Agreement without our prior written consent, which consent may be withheld. Any purported transfer or assignment in violation of this section is void.
Our failure to exercise our rights under this Agreement will not be construed as a waiver of such rights, nor will it in any way affect the validity of this Agreement. The provisions of this Agreement relating to intellectual property ownership,
restrictions on use or disclosure of the Services, disclaimers of warranties, limitations of liability and indemnification shall survive termination or expiration of this Agreement for any reason.
The Suppliers shall be considered third party beneficiaries of this Agreement entitled to enforce directly the terms of this Agreement.
Rockit Solutions, LLC knows that you value your privacy, and so we do not disclose your personal information to nonaffiliated third parties unless it is required or permitted by law (e.g., to a governmental authority), directed by you, or necessary
to provide our services to you or on your behalf. We do not sell your personal information to anyone.
The types and categories of information we collect and maintain about you might include, for example:
Information we receive from you in order to provide information to you regarding your account (such as your account number, home address, email address and telephone number);
Information about your transactions with us and others, or that we generate to service your account (such as trade confirmations and account statements); and
Information that we may receive from third parties with respect to your account (such as trade confirmations from brokerage firms, or bank statements or information from other financial services providers and advisors).
We maintain policies and procedures directed towards preserving the privacy of the personal information that we collect and maintain. These safeguards are designed to assure the security and confidentiality of your
records and personal information, to protect against foreseeable threats or hazards to the security of this information and to protect against its unauthorized use. These measures include:
Physical, electronic and procedural safeguards to keep personal information secure;
Requiring third parties to whom disclosures of personal information are made to maintain the confidentiality of that information.
We may amend this policy at any time and as may be required by law. When changes are made, we will post the updated policy and its revision date. Your use of the Services at any time is deemed acceptance of the policy then in effect.