Terms of Service
Last updated Jun 1, 2023
Olomon requires that all visitors to its site (olomon.com) and its other sites, agree to all of these terms and conditions (the “Agreement”). By accessing and using the Sites, you indicate your acknowledgment and acceptance of this Agreement.
Olomon is a web-based service that allows individuals, and the financial advisors whom they work with to better understand and manage their personal finances (Olomon Service). The Olomon Service and its related services are provided to you, the Customer, by us, Olomon Inc. (Olomon).
By opening an Olomon account, and by using the Olomon Service, you agree to abide by the terms set forth in this Agreement. You covenant that (a) you are at least eighteen years of age, (b) you are located in and are a resident of the United States of America, (c) you are able to sign legally binding contracts on behalf of your organization, and (d) you are representing yourself and your organization honestly to your email recipients and to us. You also agree to maintain current information about yourself and your organization, and to update that information as it changes.
You, us, and ownership
Your use of the Olomon Service confers no title or ownership to the Olomon Service. We are granting you temporary, non-exclusive access to Olomon Services that will endure as long as (a) the Agreement is not terminated in accordance with the terms of this Agreement, (b) you continue to provide payment for the Olomon Service in a timely manner, and (c) you continue to abide by the terms of this Agreement. Further, You shall not transfer your right to use the Olomon Service to another party or person, any such transfer or attempted transfer will result in immediate termination of the Agreement.
Olomon owns all logos, graphics, software, algorithms, functionality, content (other than content owned by you or any third party), pages, features and processes that comprise the Olomon Service. You agree not to copy, modify, re-package, reverse-engineer, disassemble, modify or otherwise use the Olomon Service or its components in ways not explicitly allowed by this Agreement, without prior written consent from us. You also agree not to remove any proprietary notices or labels from the Olomon Service.
How we protect your personal information
Olomon takes precautions to safeguard your personally identifiable information (PII) against loss, theft, and misuse, as well as unauthorized access, disclosure, alteration, and destruction. Please be aware, however, that despite our efforts, no security measures are perfect or impenetrable and no method of data transmission that can be guaranteed against any interception or other type of misuse.
You can help us by also taking precautions to protect your personal data when you are on the internet. Do not share your registration information with anyone, and make sure you use a secure web browser.
Protecting your data and your privacy
We agree to hold your account information, lists and data in strict confidence. We do not now, nor will we ever, rent, sell or in any way share your data with any third party. The only time Olomon will ever share ANY information related to your Olomon account with an outside organization is if (a) the outside organization is processing your payment for the Olomon Service and requires certain information necessary for the transaction, (b) the outside organization is the federal government or other agency empowered to require us to divulge your personal or account information, (c) Olomon is highlighting examples of your use of the Olomon Service as a case study and have obtained your permission prior to the divulging of such information, or (d) Olomon is reporting on or using our overall customer base and activity, in which case we will only divulge general, aggregate (non-personally identifiable) information.
In creating your Olomon account, you will create a username and a password that controls access to your account and all of the data stored within that account. The Olomon Service stores an encrypted version of your password for added security, but you understand and acknowledge that you are ultimately responsible for maintaining control of that username and password and ensuring its proper use by authorized personnel only.
Things you may not do
The following list outlines many things, in addition to those already mentioned in this Agreement, which you may not do while using the Olomon Service. Doing any one of these things may result in the suspension or termination of your Olomon account, immediately and without warning.
By using the Olomon Service, you explicitly agree not to:
1. use the Olomon Service to break any local, state, Federal or international laws or regulations, including but not limited to those related to spamming, e-commerce, obscenity, defamation or privacy;
2. use the Olomon Service to encourage or facilitate any illegal activities;
3. use the Olomon Service to harass, threaten or embarrass any person or organization;
4. use the Olomon Service to promote MLM (multi-level marketing) or Ponzi schemes;
5. use the Olomon Service to distribute illegal, pornographic or potentially harmful or offensive information, photos, software or materials, or include links to Web pages containing any such items (We reserve the right to use our own judgment in determining what is offensive); or
6. use the Olomon Service in conjunction with email addresses or lists that have been obtained in any way other than those outlined as permissible in this Agreement.
Your data, and our storage thereof
We may choose to set limits on how much information you may store in your Olomon account, and may change those limits at any time. Should we impose any such limits, we will provide you with reasonable advance notice of such limits, and, when possible, offer you the option to either obtain more storage at an additional cost or maintain a lower level of storage without incurring additional costs. Olomon is not responsible for the loss of any data in the event that you fail to request either more storage space or a transfer of existing data to another location and data is lost due to a change in limits or by exceeding the existing limits.
Payment for services
Like most commercial services, Olomon asks that you, the Customer, pay us, the Company, for your use of the Olomon Service in a timely manner. Monthly activity may be invoiced monthly or annually based on your preference and is due immediately. All fees and prices are in US dollars. By entering credit card and billing information into the Olomon system, you are authorizing us to charge that card for services rendered and according to the pricing specified in your Olomon plan or a separate addendum to this Agreement, should such an addendum exist. All credit card transactions are handled through a secure HTTPS connection with a trusted third-party credit card processor. Lastly, like most commercial services, Olomon reserves the right to suspend your account in the event you fail to pay the appropriate account fees on time, until such time as proper payment is received.
Right to inspect
For the purposes of providing you service and support, and to ensure that the terms of this Agreement are being followed, we reserve the right to inspect and monitor your account and data at any time, without notice, and to limit access to your account at any time should we have reason to believe that you have already, or may at some point in the future, violate any terms set forth in this Agreement.
Termination
Termination requests should be in writing, via email to support@olomon.com. Inactivity does not constitute automatic termination. Requests to terminate will take effect at the end of your contract term. The date the termination takes effect will be called the Termination Date. Customer is responsible for payment for any services rendered up through the Termination Date. Olomon will not prorate charges to the Termination Date and the Customer will not receive a credit or refund for any unused services. If Customer has paid in advance for a certain period of time for the Olomon Service or any portion thereof and terminates prior to the completion of that period, that payment is non-refundable.
Olomon may terminate this Agreement at any time by notifying the Customer by email. If we terminate this Agreement without cause, we will prorate any fees you have prepaid.
Should we be forced to terminate your account or you terminate your account, we will work with you to help retrieve contact information and other appropriate data from your account within 30 days of termination of your account. After such 30 days, Olomon makes no guarantees regarding the availability of your data, and Olomon shall not be liable for the availability of your data for more than thirty days following the date of termination by either party.
Disputing Charges
Any dispute to a charge on your bill must be made within 60 days of the date of the bill that initially contained the charge. Disputes can only be made in writing, via email to support@olomon.com.
Modifications to this Agreement
We may, from time to time, edit, append or otherwise modify the terms of this Agreement. Any changes will require notice from Olomon to Customer. Your continued use of Olomon after such notice indicates your acceptance of those changes and agreement to abide by them.
Warranties and Disclaimers
THE OLOMON SERVICE AND ITS RELATED SERVICES ARE PROVIDED “AS IS,” AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY), INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE WILL NOT BE LIABLE FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OLOMON SERVICES OR THIS AGREEMENT.
IN SHORT, WE CAN NOT AND DO NOT GUARANTEE THAT THE OLOMON SERVICE WILL WORK IN ANY PARTICULAR WAY, NOR CAN WE GUARANTEE THAT IT WILL PROVIDE YOU WITH ANY PARTICULAR RESULT, LIKE MAKING YOU MORE MONEY OR INCREASING YOUR CUSTOMER BASE. YOU AGREE NOT TO HOLD US LIABLE, FINANCIALLY OR OTHERWISE, SHOULD THE OLOMON SERVICE FAIL TO PERFORM THESE THINGS THAT WE CANNOT GUARANTEE IN THE FIRST PLACE. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY AMOUNT GREATER THAN THE FEES YOU HAVE PAID TO US FOR YOUR USE OF THE OLOMON SERVICE OVER THE PREVIOUS TWELVE (12) MONTHS.
TO REITERATE: YOU, THE CUSTOMER, AGREE TO INDEMNIFY AND HOLD HARMLESS OLOMON INC., ITS OFFICERS, EMPLOYEES AND BUSINESS PARTNERS, FROM ANY CLAIMS ARISING FROM YOUR USE OF THE OLOMON SERVICE OR ITS RELATED SERVICES.
Headers
The headers in this Agreement are provided as visual aids only and are not to be considered legally binding in any way.
Miscellaneous
This Agreement says everything there is to be said about the relationship between Olomon and you and your use of the Olomon Service and, therefore, it supersedes any other agreement about those topics, unless mutually agreed to in writing by both parties. You cannot, without prior written consent of Olomon, transfer any of your rights or responsibilities under this Agreement. We can transfer any of our rights and responsibilities under this Agreement, with prior notice to Customer.
This Agreement will be interpreted in accordance with the laws of the State of Tennessee. Should Olomon and you ever have to go to court over this Agreement or anything related to your use of the Olomon Service, you agree to submit to the jurisdiction of the Federal and state courts in Davidson County, Tennessee. Before going to court, all parties agree to attempt to sort out any problem through arbitration in Nashville, Tennessee, in accordance with the regulations of the American Arbitration Association. If any provision of this Agreement is held to be invalid, that provision will be enforced to the extent possible and all other provisions of this agreement will be given full effect. If we fail to act to enforce any of the provisions of this agreement, that inaction will not be a waiver of our right to act and will not affect our ability to act later.
We may send you any notice that is required by this Agreement or otherwise via email or regular mail or by posting the notice on the Olomon website. Any notice you send us should be sent to support@olomon.com.