This Product Addendum governs Customer’s selection and use of “Orion Risk Intelligence”, a service made available to Customer through Redtail’s affiliate, Orion Advisor Technology, LLC (“Orion Advisor Tech”). By enabling, accessing, or using Orion Risk Intelligence, Customer agrees to be bound by the terms and conditions of this Product Addendum, which operate in addition to, and form part of, the Terms, which are incorporated by reference. Capitalized terms not defined herein have the meanings assigned to them in the Terms.
Orion Advisor Tech shall make a subscription of Orion Risk Intelligence, as described herein, available to Customer subject to the terms of this Product Addendum and the Terms. Customer’s subscription is for Customer’s use only and cannot be shared or used by anyone else. Orion Advisor Tech may suspend or terminate Customer’s access to Orion Risk Intelligence immediately without any liability, upon notice to Customer, if in Orion Advisor Tech’s sole judgment Customer has violated the terms and conditions of this Product Addendum, the Terms, the Privacy Policy, or the DPA. Orion Advisor Tech may also suspend or terminate Customer’s use of Orion Risk Intelligence, or condition Customer’s continued use on additional terms communicated to Customer, in the event Customer’s continued use, in Orion Advisor Tech’s sole judgment, poses an undue or disproportionate burden on Orion Risk Intelligence, Orion Advisor Tech’s systems, or Orion Advisor Tech’s networks. Orion Advisor Tech may modify the functionality of Orion Risk Intelligence and its application programming interface at any time in its sole discretion.
Description
The Orion Risk Intelligence platform provides web-based services that use statistical analysis and multivariate regression to model the relationships between different securities and levers (economic factors) for scenarios modeling, risk profiling, and portfolio stress testing, and includes the following features which may be subject to further activation or enablement requirements by Customer:
Risk and Stress Testing | Proposal Generation |
Onscreen Reporting | Model and Portfolio Management |
Research | Advanced Asset Management |
3D Risk Profile | Fund and Model Fact Sheets |
Client Survey Tracking | Marketing Tools |
Custom Disclosures | Proposal Templates |
Custom Branding | Model and Portfolio Optimizer |
Hedge Wizard | Charting |
Correlation Screener | Custom Scenario Builder |
Batch Stress Testing | Drift Tracking |
Orion Risk Intelligence License
Orion Advisor Tech hereby grants to Customer a non-exclusive and non-transferable license (the “Orion Risk Intelligence License”) to access and utilize Orion Risk Intelligence for so long as Customer’s Account is active and in effect, pursuant to the terms and conditions of this Product Addendum. Customer hereby agrees that neither 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 Orion Risk Intelligence License or for delays, interruptions, or omissions therein. Customer further agrees (i) not to use or permit anyone to use the information or technology provided through the Orion Risk Intelligence 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; and (iii) that access to some of the features of Orion Risk Intelligence are subject to termination in the event that Orion Advisor Tech is unable to obtain necessary information from its third-party providers.
Disclaimer
Customer acknowledges and agrees that none of the data, services, content, or technology made available to Customer under this Product Addendum shall constitute: (i) an offer, purchase, or sale of any security, investment product, or service; (ii) legal, investment, tax, or fiduciary advice; or (iii) any guarantee of compliance with laws, statutes, rules, or regulations of the U.S. Securities and Exchange Commission, Financial Industry Regulatory Authority, U.S. Department of Labor, or any other applicable local, state, federal, or international regulator. Any financial or investment information made available to Customer, as well as reference materials or links to other web sites, are for general informational purposes only. Past performance of any security, financial plan, or strategy is not an indication of future performance.
Customer expressly agrees that neither Orion Risk Intelligence nor Orion Advisor Tech provides or will provide Customer with any financial or investment advice, and that any action Customer takes in reliance on Orion Risk Intelligence 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 Orion Risk Intelligence is being provided “as-is”, without any warranty or representation regarding its availability, functionality, or results. Customer further agrees that neither Orion Advisor Tech, nor any of its affiliates, shall be held responsible or liable for any result, or lack thereof, derived from Orion Risk Intelligence and Orion Advisor Tech and its affiliates assume no responsibility or liability for any action, investment decisions, advice, treatment, or services rendered by Customer whatsoever.
Customer acknowledges and agrees that Orion Advisor Tech and its employees, agents, managers, directors, affiliates, independent contractors, service providers, and third parties shall not have any liability for investment recommendations or decisions made by Customer, its clients, or prospects based upon, or the results obtained from, Customer’s use of Orion Risk Intelligence. Customer further acknowledges that Orion Advisor Tech shall not bear any responsibility for the accuracy or reliability of any data or information provided by third-party data sources to Orion Advisor Tech or provided by Customer to Orion Advisor Tech and Orion Advisor Tech shall be entitled to conclusively rely upon the accuracy of any information provided to it by Customer or other service providers retained by Customer or otherwise.
Neither Orion Advisor Tech, nor any of its employees, agents, directors, managers, independent contractors, service providers, or third parties make any representation or warranty that Orion Risk Intelligence or any data, content, or technology made available to Customer comply with state, federal, or international rules or regulations, and has no direct obligation with respect to regulatory compliance and disclaims all representations, warranties, and liability associated therewith.
Access
Customer understands that access to the services, content, and technology offered under this Product Addendum may require the use of a password or other unique access code. Customer agrees that it will only allow access 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 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 if the security of any password or access code is compromised.