Terms & Conditions

Optume Capital Platform Access Terms and Conditions

 

  1. Platform Ownership and Clients

 

Optume Capital, LLC (“Company”) owns this Optume Capital Platform and website (collectively, “Platform Website”).  Except as otherwise stated, the Company retains ownership of all copyright, design rights and other intellectual property rights in documents, graphics and other materials on this Platform Website.  The Company limits access to this Platform Website to professional clients and eligible counterparties only.  Having access to this Platform Website will not create a client relationship.  

 

 

  1. Platform Website Access and Use 

 

The Company monitors and controls access to and use of this Platform Website. By accessing this Platform Website, you agree to be bound by Company Terms and Conditions set forth herein and separately (“Legal Terms”). The Company may pause or interrupt access to the Platform Website at any time, and you should expect periodic downtime for updates to the Platform Website.

 

The Company provides access to the Platform Website for informational purposes only. This Platform Website contains forward-looking statements concerning plans, intentions, strategies, expectations, and predictions concerning future activities and results of operations and other future events or conditions. For this purpose, any statements contained in this Platform Website exclude statements of historical fact and may be deemed to be forward-looking statements.   We generally identify forward-looking statements generally by using forward-looking terminology, such as: “believe,” “may,” “will,” “could,” “intend,” “estimate,” “might,” or “continue” or the negative or other variations of these words or comparable terminology.   A variety of factors could cause actual results or activities or actual events or conditions to differ materially from those estimated or projected in the forward-looking statements contained in this Platform Website.   Some of these factors remain beyond our control. Importantly, strategies, and intentions of Company management may change based upon increased experience with our business model, as well as in response to competition, general economic trends, or perceived opportunities, risks, or other developments. Important factors that could cause actual results to differ materially from our expectations.

 

  1. Warranty Disclaimers and Limitations of Liability

 

COMPANY PROVIDES ACCESS TO THE PLATFORM WEBSITE AND SERVICE “AS IS”, WITH ALL FAULTS.  THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING: (i) ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; (ii) THAT THE SERVICE OR OUR PROPERTY WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR; AND (iii) AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE PLATFORM WEBSITE OR COMPANY SERVICE.   UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO RECOVER FROM THE COMPANY ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING

DAMAGES FOR LOSS OF BUSINESS, LOSS OF REVENUE, LOSS OF DATA, OR LOSS OF

USE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING FROM OR RELATING TO THIS AGREEMENT, THE SERVICE OR OUR PROPERTY, EVEN IF WE HAVE BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATING TO THIS PLATFORM WEBSITE OR COMPANY SERVICE, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNTS PAID BY YOU TO THE COMPANY FOR ACCESS TO THE PLATFORM WEBSITE IN THE PRIOR YEAR.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY FOR CERTAIN TYPES OF DAMAGES; AS SUCH, SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

 

  1. Reliance Upon Third Parties 

 

Without limitation of the disclaimers and limitations of liability set forth in the Legal Terms, you acknowledge and agree as follows: (a) Company provides the Platform Website relying upon cloud computing services of one or more third party cloud providers (collectively, the “Cloud Providers”); and, (b) the Company shall not be responsible or liable to you for any act, omission or failure of any Cloud Provider.  The Company may depend upon, interact with or enable access to third parties’ information, other content, services or websites (each, a “Third Party Service”), which may in each case be accompanied by separate terms of use, requiring acceptance by you.   You must comply with the applicable terms of use when using the Third-Party Service and the Platform Website. The Company does not endorse, and hereby disclaims all liability or responsibility to you or any other person for, any Third-Party Services.     

 

  1. No Offer and No Solicitation

 

This Platform Website in no way serves as an offering of any kind, or an invitation to subscribe for or purchase any products or services mentioned herein. The Company is not a regulated brokerdealer, registered or regulated entity, and do not intend the distribution or use to subject the Company or this Platform Website to registration or licensing requirements.  The Company uses headings for convenience of reference only and does not intend such headings to influence the reader’s interpretation of the content.   The Company does not represent or warrant the accuracy or completeness of this Platform Website. This Platform Website is subject to change without need for any notification to recipients. We reserve the right to request any additional information that may be required in terms of the specific project or client in question and may withdraw from any transaction should we discover the client failed to disclose material information. The Company may amend, restate, or other vary the Legal Terms without prior notice.  Any changes, modifications, additions to or deletions from these Legal Terms shall be effective upon posting on this Platform Website.  Using the Platform Website after the Company posts changes to the Legal Terms, binds you to the revised Legal Terms.  

 

This Platform Website provides indicative terms relating to extending credit only, and in no way imposes any obligation on the Company, or binds the Company, to either extend credit or invest.  All terms and conditions of any loans or investments remain subject to final credit evaluation and approval of the selected financial plan and the execution of definitive agreements on terms and conditions acceptable to the Company.

  1. No Advice

 

The Company offers no advice regarding prospective purchases, sales or other transactions effected in or with regard to the products described on this Platform Website or with regard to the timing of any such transactions or any decision to refrain from entering into such transactions. The information appearing on the Platform Website pages and any materials available for download on this site do not constitute financial or other professional advice and should not be relied upon as such. Prospective investors should consult their own individual independent financial advisors who will advise them in light of their individual circumstances. The information on the Platform Website does not constitute a recommendation to buy, sell or otherwise affect any transactions or to refrain from so acting.

 

  1. Reputational Risk

 

The Company reputation serves as the most vital asset in business to protect and the hardest to replenish. You agree that in your use of this Platform Website you will act in a reasonable commercial manner and will not use the Platform Website for any purpose which is unlawful, abusive, harassing, defamatory, obscene, or threatening. You will not solicit Company clients or others or participate in the solicitation of our clients or others for any purpose. You will not upload, post, reproduce or distribute any information, software or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights. Nor will you in any way express or imply that the opinions in your electronic communications receive Company endorsement without the Company’s prior written consent.

 

 

  1. Site Security and Communication

 

Despite best efforts to ensure security of the Platform Website, without regard to the use of encryption technology, the Company will not warrant the security of any communications via the Internet as communications over the Internet and by e-mail may be insecure.   When communicating in such manner, you should consider the appropriateness of such communications in such manner given the risks regarding confidentiality, the timing of messages and errors in internet delivery.

 

 

  1. Copying and Downloads

 

The Company prohibits all copying, reproducing, transmitting, distributing, or displaying of material on the Platform Website (by any means and in whole or in part) without prior permission in writing.

 

  1. Data Management

 

The Company may collect personal data through your use of this Platform Website. Any such data will be subject to the protections afforded by law to data subjects in the applicable jurisdiction.  By accessing this Platform Website, you acknowledge and agree that to the extent permitted by law, any such personal data may be used for marketing purposes by the Company.

 

  1. Severability

 

If at any time any provision (or part of any provision) of these Legal Terms are, or becomes, illegal, invalid or unenforceable in any respect under the law of any jurisdiction, that shall not affect the legality, validity or enforceability in that or any other jurisdiction of any other provision (or any other part of this provision) of these terms.

 

  1. Law and Jurisdiction

 

The Legal Terms are governed by and shall be construed in accordance with the laws of the State of Michigan, without regard to conflicts of laws principles.   Users of this Platform Website agree that the courts of the State of Michigan have exclusive jurisdiction to settle any disputes which may arise out of or in connection with these Legal Terms and that accordingly any proceedings arising out of or in connection with these Legal Terms shall be brought in such courts.

 

  1. Confidentiality

The information contained herein includes highly confidential information previously unavailable to the public, the unauthorized disclosure of which will prove harmful to our competitive position in the marketplace. Privacy online remains important to users of this Platform Website.  By accessing any part of this Platform Website, you acknowledge that the Company may collect, use and transfer your personal information as specified in the Terms and Conditions (“Company Privacy Policy”). If you do not agree with the terms of the Company Privacy Policy, cease access to this Platform Website.

 

  1. Changes to the Company Privacy Policy

 

We reserve the right to update or otherwise vary the Company Privacy Policy (“Policy”) from time to time, without notice to you. Your access to or use of the Platform Website at any time remains subject to this Policy as then in effect.   You have the responsibility to review this Company Privacy Policy regularly to make sure you are aware of any changes and comply with any changed Company Privacy Policy. If you do not agree with any changes made to this Policy or the terms of use for our Platform Website, please discontinue using the Platform Website. 

 

15..      Password Security

 

The registration processes for access to this Platform Website may involve you giving a password and account designation.  You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account.   Should you have unauthorized use of the password or account, or any other breach of security, you must· immediately notify the Company.  The Company will not be liable for any loss or damage arising from your failure to comply with this obligation.