Canaveri Terms of CAS.420 Online Services

Thank you for selecting the Services offered by Canaveri LLC. and/or its subsidiaries and affiliates (referred to as “CAS.420”, “we”, “our”, or “us”). Review these Terms of Service (“Agreement”) thoroughly. This Agreement is a legal agreement between you and Canaveri LLC. By clicking “I Agree,” indicating acceptance electronically, or by, installing, accessing or using the Services, you agree to this Agreement. If you do not agree to this Agreement, then you may not use the Services.

Section A

GENERAL TERMS

1. AGREEMENT

This Agreement describes the terms governing your use of the Canaveri CAS.420 Services. It includes by reference:

• Canaveri LLC Privacy Statement
• Additional terms and conditions, which may include those from third parties.
• Any terms provided separately to you for the Services, including product or program terms, ordering, activation, payment terms, data processing agreements, etc.

You must be at least 21 years of age to use our Services. By accessing or using our Services you agree that:

• You can form a binding contract with Canaveri LLC;
• You are not a person who is prohibited from receiving the Services under the laws of the United States, or any other applicable jurisdiction; and
• You will comply with this Agreement and all applicable local, state, federal, rules, and regulations.

2. YOUR RIGHTS TO USE THE SERVICES

2.1 The Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the Services and only for the purposes described by Canaveri LLC. Canaveri LLC reserves all other rights in the Services. Until termination of this Agreement and as long as you meet any applicable payment obligations and comply with this Agreement, Canaveri LLC grants to you a personal, limited, nonexclusive, nontransferable right and license to use the Services.

2.2 You agree not to use, nor permit any third party to use, the Services in a manner that violates any applicable law, regulation or this Agreement. You agree you will not:

• Provide access to or give any part of the Services to any third party.
• Reproduce, modify, copy, sell, trade, lease, rent or resell the Services.
• Decompile, disassemble, or reverse engineer the Services.
• Make the Services available on any file-sharing or application hosting service.

3. PAYMENT

For Services offered on a payment or subscription basis, the following terms apply, unless Canaveri LLC or its third-party affiliate notifies you otherwise in writing. This Agreement also incorporates by reference and includes program ordering and payment terms provided to you on the website for the Services:

1. Payments will be billed to you in U.S. dollars, (plus any and all applicable taxes), as shown in the product ordering and subscription terms, and your account will be debited when you subscribe and provide your payment information, unless stated otherwise in the program ordering or payment terms on the website for the Services.
2. You must pay with one of the following:
   1. A valid credit card acceptable to Canaveri LLC;
   2. A valid debit card acceptable to Canaveri LLC;
   3. Sufficient funds in a checking or savings account to cover an electronic debit of the payment due;
      or
   4. By another payment option Canaveri LLC provides to you in writing.
3. If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any use of the Services.
4. If you do not notify us of updates to your payment method (e.g., credit card expiration date), to avoid interruption of the Services, we may participate in programs supported by your card provider (e.g., updater services, recurring billing programs, etc.) to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain.
5. Canaveri LLC will automatically renew your monthly, quarterly, or annual Services at the then-current rates, unless the Services subscription is cancelled or terminated under this Agreement.
6. Additional cancellation or renewal terms may be provided to you on the website for the Services.

4. USE WITH YOUR MOBILE DEVICE

Use of these Services may be available through a compatible mobile device, Internet access and may require software.  You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider.

Canaveri LLC MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO:

1. THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION;
2. ANY LOSS, DAMAGE OR SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND

• ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.

5. DATA PROCESSING AND PRIVACY

Data Processing and Privacy. (a) Canaveri LLC is the controller of the personal information it processes about you when you use the Services and (b) You acknowledge that Canaveri LLC will process your personal information as described in our Privacy Statement when you use our Services.

6. CONTENT AND USE OF THE SERVICES

6.1 Responsibility for Content and Use of the Services.

1. Content includes any data, information, materials, text, graphics, images, music, software, audio, video, works of authorship of any kind, that are uploaded, transmitted, posted, generated, stored or otherwise made available through the Services (“Content”), which will include without limitation any Content that account holders (including you) provide through your use of the Services.  By making your Content available through your use of the Services, you grant Canaveri LLC a non-exclusive license to host and use your Content. Archive your Content frequently. You are responsible for any lost or unrecoverable Content. You must provide all required and appropriate warnings, information and disclosures. Canaveri LLC is not responsible for any of your Content that you submit through the Services.
2. You agree not to use, nor permit any third party to use, the Services to upload, post, distribute, link to, publish, reproduce, engage in, promote or transmit any of the following:
   1. Illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that is excessively violent, incites or threatens violence, encourages “flaming” others or criminal or civil liability under any local, state, federal or foreign law;
   2. Content that would impersonate someone else or falsely represent your identity or qualifications, or that may constitute a breach of any individual’s privacy; is illegally unfair or deceptive, or creates a safety or health risk to an individual or the public;

• Except as permitted by Canaveri LLC in writing, investment opportunities, solicitations, chain letters, pyramid schemes, other unsolicited commercial communication or spamming or flooding;

1. Virus, Trojan horse, worm or other disruptive or harmful software or data; and
2. Any Content that you do not own or have the right to use without permission from the intellectual property rights owners thereof.

6.2 Restricted Use of the Services.

1. You shall not, and shall not permit any users of the Services or any other party to, engage in, solicit, or promote any activity that is objectionable or may be illegal, violates the rights of others, is likely to cause notoriety, harm or damage to the reputation of Canaveri LLC or could subject Canaveri LLC to liability to third parties, including: (i) unauthorized access, monitoring, interference with, or use of the Services or third party accounts, data, computers, systems or networks; (ii) interference with others’ use of the Services or any system or network, including mail bombing, broadcast or denial of service attacks; (iii) unauthorized collection or use of personal or confidential information, including phishing, pharming, spidering, and harvesting; (iv) viewing or other use of any Content that, in Canaveri LLC opinion, is prohibited under this Agreement; (v) any other activity that places Canaveri LLC in the position of fostering, or having potential or actual liability for, illegal activity in any jurisdiction; or (vi) attempting to probe, scan, penetrate or test the vulnerability of an Canaveri LLC system or network or to breach Canaveri LLC security or authentication measures, whether by passive or intrusive techniques. Canaveri LLC reserves the right to not authorize and may terminate your use of the Services based on reasonable suspicion of your activities, business, products or services that are objectionable or promote, support or engage in any of the restricted uses described above.

6.3 Canaveri LLC may freely use feedback you provide. You agree that Canaveri LLC may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising or marketing materials. You grant Canaveri LLC a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to Canaveri LLC in any way.

6.5 Canaveri LLC may monitor Content. Canaveri LLC may, but has no obligation to, monitor access to or use of the Services or Content or to review or edit any Content for the purpose of operating the Services, to ensure compliance with this Agreement, and to comply with applicable law or other legal requirements. We may disclose any information necessary to satisfy our legal obligations, protect Canaveri LLC or its customers, or operate the Services properly. Canaveri LLC, in its sole discretion, may refuse to post, remove, or refuse to remove, or disable any Content, in whole or in part, that is alleged to be, or that we consider to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.

 

7. ADDITIONAL TERMS

7.1 Canaveri LLC does not give professional advice. Unless specifically included with the Services, Canaveri LLC is not in the business of providing legal, financial, accounting, tax, real estate or other professional services or advice. Consult the services of a competent professional when you need this type of assistance.

7.2 We may tell you about other Canaveri LLC Services. You may be offered other services, products, or promotions by Canaveri LLS. Additional terms and conditions and fees may apply. With some Canaveri LLC Services you may upload or enter data from your account(s) such as names, addresses and phone numbers, purchases, etc., to the Internet.

7.3 Communications. Canaveri LLC may be required by law to send you communications about the Services or third-party products. You agree that Canaveri LLC may send these communications to you via email or by posting them on our websites

7.4 You will manage your passwords and accept updates. You are responsible for securely managing your password(s) for the Services and to contact Canaveri LLC if you become aware of any unauthorized access to your account. The Services may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve the Services. You agree to receive these updates.

 

8. DISCLAIMER OF WARRANTIES

8.1 YOUR USE OF THE SERVICES, SOFTWARE, AND CONTENT IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CANAVERI LLC, ITS AFFILIATES, AND ITS AND THEIR THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY, “SUPPLIERS”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SERVICES ARE FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OF CONTENT IN OR LINKED TO THE SERVICES. CANAVERI LLC AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER.

8.2 CANAVERI LLC, ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.

9. LIMITATION OF LIABILITY AND INDEMNITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF CANAVERI LLC, ITS AFFILIATES AND SUPPLIERS FOR ALL CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM. SUBJECT TO APPLICABLE LAW, CANAVERI LLC, ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET CANAVERI CAS.420 SYSTEMS REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF CANAVERI LLC AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF CANAVERI LLC, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND ITS USE.

You agree to indemnify and hold Canaveri LLC and its Affiliates and Suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys’ fees and costs, arising out of your use of the Services or breach of this Agreement (collectively referred to as “Claims”). Canaveri LLC reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by Canaveri LLC in the defense of any Claims.

10. CHANGES. We reserve the right to modify this Agreement, in our sole discretion, at any time, and the modifications will be effective when posted through the Services or on our website for the Services or when we notify you by other means. We may also change or discontinue the Services, in whole or in part.  It is important that you review this Agreement whenever we modify it because your continued use of the Services indicates your agreement to the modifications.

 

11. TERMINATION. Canaveri LLC may, in its sole discretion and without notice, restrict, deny, terminate this Agreement or suspend the Services, related or other Services, effective immediately, in whole or in part, if we determine that your use of the Services violates the Agreement, is improper or substantially exceeds or differs from normal use by other users,  raises suspicion of fraud, misuse, security concern, illegal activity or unauthorized access issues, to protect the integrity or availability of the Services or systems and comply with applicable Canaveri LLC policy, if you no longer agree to receive electronic communications, or if your use of the Services conflicts with Canaveri LLC interests or those of another user of the Services. Upon Canaveri LLC notice that your use of the Services has been terminated you must immediately stop using the Services and any outstanding payments will become due.  Any termination of this Agreement shall not affect Canaveri LLC rights to any payments due to it. Canaveri LLC may terminate a free account at any time. Sections 2.2, 3 through 15 will survive and remain in effect even if the Agreement is terminated.

 

12. EXPORT AND TRADE RESTRICTIONS. You acknowledge that the Services, including the mobile application, and the underlying software may include U.S. technical data subject to restrictions under export control laws and regulations administered by the United States government.  You agree that you and your personnel who use the Services are not prohibited from receiving the Services under the laws of the United States, or other applicable jurisdiction.  For example, you are not on the U.S. Treasury Department’s list of Specially Designated Nationals List, or are subject to any other similar prohibition.  You will not export or re-export any part of the Services, in violation of these laws and regulations, directly or indirectly.

 

13. GOVERNING LAW AND JURISDICTION. This Agreement will be governed by the laws of the State of Oklahoma, without regard to its conflicts of law principles. In the event of a disagreement between you and Canaveri LLC as to the terms of this Agreement, you and Canaveri LLC agree to negotiate in good faith to resolve such disagreement, and if such disagreement is not promptly resolved through such negotiations, to submit to mediation in Oklahoma County, Oklahoma.  In the event of litigation to interpret or enforce the terms of this agreement you and Canaveri, LLC agree to the exclusive jurisdiction of the courts of the State of Oklahoma and that venue shall lay Oklahoma County, Oklahoma.

Notwithstanding the foregoing, you acknowledge that your infringement (or anticipated infringement) of Canaveri LLC’s or its Suppliers’ intellectual property rights may cause Canaveri LLC irreparable damage for which recovery of money damages would be inadequate.  Accordingly, you agree that Canaveri LLC shall be entitled, in addition to any other remedies available to it, to seek (in any court of competent jurisdiction, notwithstanding the foregoing provisions of this section 13) any relief (whether equitable or otherwise) to prevent or restrain any such infringement (or anticipated infringement) by you or to otherwise to protect Canaveri LLC’s or its Supplier’s intellectual property rights under this Agreement and that in such proceeding Canaveri LLC may also pursue any other claims regarding your breach (or anticipated breach) of this Agreement.

Canaveri LLC does not represent that the Services and/or content within the Services is appropriate or available for use in all jurisdictions.  Canaveri LLC prohibits accessing content from within states where such content is illegal.  You are responsible for compliance with all applicable laws pertaining to your use and access to the Services in your jurisdiction.

14. LANGUAGE.  Any translation of this Agreement is done for local requirements and in the event of a dispute between the English and any non-English version, the English version of this Agreement shall govern. In the event of a dispute the parties confirm that they have requested that this Agreement and all related documents be drafted in English.

 

15. GENERAL. This Agreement, including the Additional Terms below, is the entire agreement between you and Canaveri LLC regarding its subject matter and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter. If any court of law, having the jurisdiction, rules that any part of this Agreement is invalid, that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable. You may not assign or transfer this Agreement to anyone without written approval of Canaveri LLC. However, Canaveri LLC may assign or transfer this Agreement without your consent to (a) an affiliate, (b) a company through a sale of assets by Canaveri LLC or (c) a successor by merger. Any assignment in violation of this Section shall be void. If you want to request a transfer of this Agreement, contact Canaveri via an email to: info@canaveri.com.

August 2019

 

 

Section B

 

ADDITIONAL TERMS AND CONDITIONS FOR THE SERVICES

Your use of the Services provided by Canaveri LLC are subject to the general Terms of Service above including these Additional Terms and Conditions which govern your use of the Services indicated below.  To the extent of any conflict or inconsistency with the general Terms of Service above, these Additional Terms and Conditions shall prevail.

 

Canaveri LLC CAS.420 Online Supplemental Agreement and Terms of Service

Thank you for selecting Canaveri LCC (“CAS.420 Online Service”). This license agreement in addition to the Canaveri LLC Terms of Service (the “Agreement”) is a legal agreement between the User, a single legal entity identified in the registration process provided as part of the start-up process (“User”, “you”), and Canaveri LLC. and/or its subsidiaries and affiliates (“Canaveri LLC,” “we”, “our” or “us”).

By selecting “ACCEPT,” You indicate that you have read and understood, and assent to be bound by, the terms of this Agreement. If the person selecting “ACCEPT” is an individual working for you (“Agent”), such person is agreeing to the terms and conditions of this Agreement on behalf of you and represents and warrants to Canaveri LLC that he/she has full power and authority to enter into this Agreement on your behalf.

If you do not agree to the terms of the Agreement, you are not granted any rights whatsoever in the Services. If you are not willing to be bound by these terms and conditions, you should not select “ACCEPT,” and may not access or otherwise use the Canaveri LLC CAS.420 Online Services.

1. SERVICES. Each of the following products and services are referred to in this Agreement as a “Service” and together as the “Services”:

1.1. Canaveri LLC Online. (“CAS.420”) is an online solution for cannabis businesses to perform accounting and business tasks through an online account (each a “CAS.420 Account”). Each CAS.420 Account may only be used to support one business.

1.2. Modification to Services. We have the right, in our sole discretion, to revise, update, or otherwise modify the Services or alter your access to the Services; and for material changes, to the extent reasonably possible, we will provide you with reasonable notice either posted on the website hosting the Services or to the Administrator’s (as defined below) email address. Note that we may modify the amount of storage space you have through the Services and the number of times (and the maximum duration for which) you may access the Services in a given period of time. In the event we need to maintain the security of the system or comply with any laws or regulations, we reserve the right to modify the Services immediately, and to provide the Administrator with electronic or written notice within thirty (30) days after any material modifications. You may reject any changes to the Services by discontinuing use of the Services to which such changes relate. Your continued use of the Services will constitute your acceptance of and agreement to such changes.

2. SUBSCRIPTIONS AND USERS

The Canaveri LLC Online Service is licensed on a monthly or yearly subscription basis, as selected by you or your agent as the user.

 

3. TRIAL VERSION AND BETA FEATURES

If you registered for a trial use of the Canaveri LLC CAS.420  (“Trial Period”), you must decide to purchase a license to the Canaveri LLC CAS.420 Online Service, at the current rate, within the Trial Period in order to retain any Content that you have entered through the Canaveri LLC CAS.420 Online Services, created within the data file, posted or uploaded during the Trial Period. If you do not purchase a license to the Canaveri LLC CAS.420 Online Services by the end of the Trial Period, your Content will no longer be available to you. To be very clear, after using the Canaveri LLC CAS.420 Online Service during the trial period, if you decide not to purchase the license to the full version of the Canaveri LLC CAS.420 Online Service, you will not be able to access or retrieve any of the data you added or created with the Services during the trial.

From time to time, Canaveri LLC may, at its sole discretion, include new and/or updated beta features (“Beta Features”) in the Canaveri LLC CAS.420 Online Service for your use and which permit you to provide feedback (fees may apply). You understand and agree that your use of the Beta Features is voluntary and Canaveri LLC is not obligated to provide you with any Beta Features. You understand that once you use the Beta Features, you may be unable to revert back to the earlier non-beta version of the same or similar feature. Additionally, if such reversion is possible, you may not be able to return or restore data created within the Beta Feature back to the earlier non-beta version. The Beta Features are provided on an “as is” basis and may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from any connected device. You acknowledge and agree that all use of the Beta Features is at your sole risk.

4.    PERMITTED DISCLOSURES AND USE OF DATA. You acknowledge and agree that in order to provide you with access to and use of the Canaveri LLC CAS.420 Online Services, Canaveri LLC may provide your access information and account data to (i) your employee or agent who is identified in the registration data as the current system administrator for your account (the “Current Administrator”), and (ii) such other employee or agent who may be designated by you as a replacement administrator for the your account by following the procedures required by Canaveri LLC to effectuate such replacement. Any other person You identified as an authorized user of the CAS.420 Online Services will have access to the account data subject to the access permissions you or the system administrator assigned to them.

5. PERSONAL INFORMATION.

5.1 The terms “Controller,” “Processor,” “data subject,” “personal data (also referred to as Personal Information in the Agreement)” and “processing” (and “process“) shall have the meanings given in the Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the Processing of Personal Data and on the free movement of such data (General Data Protection Regulation).

5.2 Our Role.

5.2.1 For Canaveri LLC CAS.420 Online users accessing the Services, we are a Controller of the Personal Information you provide through the Services.

5.3 Personal Information. You represent and warrant to us that:

5.3.1 You will provide appropriate notice and have obtained (or will obtain) all consents and rights necessary for us to Process the Personal Information in accordance with this Agreement and our Privacy Statement;

5.3.2 If you are providing Personal Information to us that is not personal to you, you agree that you have either provided the data subject notice or received permission from the data subject and have the appropriate legal basis, as required by applicable law, for us to: (a) use, and/or disclose the personal information in accordance with our Privacy Statement, (b) move the data outside of the state of residence of such owner of the personal data, if applicable, pursuant to our Privacy Statement, (c) provide the Personal Information to Third Party Products that you approve, and (d) otherwise use and disclose the personal information in accordance with this Agreement; and

5.3.3 If there is any discrepancy between this Agreement and the Canaveri LLC Privacy Statement with respect the collection, use, and/or disclosure of the personal information, the Privacy Statement will control. You further acknowledge and agree that Canaveri LLC may provide data in your account to any Additional Users to which that data is applicable or personal to.

5.4 Public Content.

As a User you may have the opportunity to share your data, Content, or ways in which you aggregate data (“Account Content”) with other third parties.   When sharing any Account Content, you agree not to share any confidential information.  If you have the option of accessing another User’s Account Content, you understand and agree that the Account Content is being provided by the User, and not Canaveri LLC, for information and guidance purposes only, and Canaveri LLC and such User are not responsible in any way for your use the Account Content.

4.5 Telephone numbers.

You may provide us with your telephone number as part of your customer record or registration or via other methods. You understand and agree that Canaveri LLC may use your telephone number for “multi-factor authentication” (“MFA”), to confirm your identity and help protect the security of your account.  Part of the MFA identity verification process may involve Canaveri LLC sending text messages containing security codes to your telephone number. You agree to receive these texts from Canaveri LLC containing security codes as part of the MFA process.  In addition, you agree that Canaveri LLC may send automated text messages and pre-recorded voice messages to the telephone number you provide for other limited purposes, including: providing you with important critical notices regarding your use of the Services, or fulfilling a request made by you through the Services. Additionally, Canaveri LLC may use your telephone number to contact you about special offers or other Canaveri or third-party products or services unless you opt out of such marketing. With MFA, you also agree and consent to us obtaining and using information from your mobile phone service provider, solely for the purposes of verifying your identity and to compare information you have provided to Canaveri LLC (such information may include from your mobile phone service provider account record: your name, address, email, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other mobile phone subscriber details).

6.    ACCESS TO YOUR FINANCIAL INSTITUTION SERVICES DATA.

6.1. General. In connection with your use of the Canaveri LLC CAS.420 Online Service and as part of the functionality of certain versions of the Canaveri LLC CAS.420  Online Services, you may wish to have access to your online account(s) and financial information, including your account access number(s), password(s), security question(s) and answer(s), account number(s), login information, and any other security or access information used to access your financial institution(s) (collectively, your “FI Login Data”) and the data made available by your financial institutions(s) with such data, which may include bank balances, transaction activity, credit card charges, debits and deposits, and any messages or notices between you and the financial institution(s) (“FI Account Data”).  The Canaveri LLC CAS.420 Online Services are designed to allow you to access and download your FI Account Data through the Canaveri LLC CAS.420  Online Services, to allow Canaveri LLC to access your financial institution account(s) using your FI Login Data, to allow Canaveri LLC to download and use your FI Account Data, and to allow Canaveri LLC to aggregate and combine your FI Account Data with other data.  If you lose or forget your user name or password, it will be necessary for you to return to the appropriate financial institution if you have any problems with respect to that user name or password.

You acknowledge and agree that except as set forth this Agreement, Canaveri LLC has no control over your FI Login Data and no control over the access to your FI Account Data, does not guarantee that you will be able to use the Canaveri LLC CAS.420  Online Service with your financial institution(s), and will have no liability whatsoever for any actions or inactions on the part of the financial institution(s) resulting in your inability to use the Canaveri LLC CAS.420  Online Service to access your accounts, obtain data, download transactions, or otherwise use or access your FI Account Data.

6.2  Collection of FI Login Data and FI Account Data. By agreeing to these terms and conditions, you:

6.2.1 acknowledge that in accessing your financial institution account(s) through the Canaveri LLC CAS.420 Online Service, your FI Login Data and FI Account Data may be collected, converted, stored in encrypted form and used by Canaveri LLC in the United States for the purpose of providing the Canaveri LLC CAS.420 Online Service;

6.2.2 authorize Canaveri LLC to (i) collect and store  in encrypted form your FI Login Data, (ii) access the financial institution(s)’ websites using your FI Login Data, from time to time; (iii) download and store your FI Account Data; (iv) reformat and manipulate your FI Account Data; (v) create and provide hypertext links to your financial institution(s) FI Account Data; (vi) enhance the type of data and services we can provide to you in the future, and (vii) take such other actions as are reasonably necessary to perform the actions described in this Agreement as it relates to your use of the\ Canaveri LLC CAS.420  Online Service;

6.2.3 hereby represent that the financial institution(s)’ account(s) and FI Login Data belong to you, you have the right to use the FI Login Data and FI Account Data as set out above and that you have the authority to appoint, and hereby expressly do appoint, Canaveri LLC as your agent with all necessary power and authority to use your FI Login Data and to access and retrieve your FI Account Data, as described above, on your behalf;

6.2.4 acknowledge that Canaveri LLC does not review your FI Account Data and agree that Canaveri LLC is not responsible for its completeness or accuracy;

6.2.5 acknowledge that any transactions or informational activities performed at any financial institution(s)’ website are not made through the Canaveri LLC CAS.420 Online Service and Canaveri LLC assumes no responsibility for any such transactions or activities; and

6.2.6 acknowledge that you are solely responsible for any charges, fees or costs associated with your financial institution account(s) when accessed through the Canaveri LLC CAS.420 Online Service by you or by Canaveri LLC.

6.3.  Information from Financial Institutions’ Websites. You acknowledge that (i) some financial institution(s) may not permit Canaveri LLC or other third parties to have access to FI Login Data or to allow the Canaveri LLC CAS.420 Online Service to access your FI Account Data; (ii) financial institution(s) may make changes to their websites, with or without notice to you or Canaveri LLC, that may affect the overall performance of the Canaveri LLC CAS.420  Online Service and prevent or delay aggregation of data from such websites; and (iii) the Canaveri LLC CAS.420  Online Service refreshes your Canaveri LLC CAS.420  Online Service account data by collecting the FI Account Data automatically or manually (depending on your financial institution(s) or any changes by you that may require an update), so your most recent transactions may not always be reflected in the account balances or other account information presented to you by Canaveri through the Canaveri LLC CAS.420  Online Services. If you see a discrepancy in your Canaveri LLC CAS.420  Online Service account data as compared to your FI Account Data, and in any case before making any transactions or decisions based on such account data presented in the Canaveri LLC CAS.420  Online Services, you should check the last refresh date for your financial institution account(s) and confirm the accuracy of the Canaveri LLC CAS.420  Online Service account data against your FI Account Data and manually update such data as necessary.

7. ONLINE DATA TRANSFER (NOT APPLICABLE TO VERSIONS THAT DO NOT INCLUDE ACCESS TO THE ONLINE DATA TRANSFER FEATURE).

You may have the option for Canaveri LLC to transfer your data files from the Canaveri LLC CAS.420  Online Service in order to facilitate certain interoperability, data integration, and data access between the Canaveri LLC CAS.420 Online Service and certain supported ancillary services (the “Ancillary Services”) you may sign up for and use in connection with the Canaveri LLC CAS.420 Online Service (the “Online Data Transfer”). In order for you to select the Online Data Transfer option, you must (i) have registered select versions of the Canaveri LLC CAS.420  Online Service, (ii) have Internet access, (iii) have an active subscription to the Canaveri LLC CAS.420  Online Service; and (iv) and may need to be an active subscriber to the Ancillary Services. If you select the Online Data Transfer option, a copy of all or part of your company data files will be transferred via the Internet to Canaveri LLC servers; where you grant Canaveri LLC the right and license to (i) host and maintain your data, (ii) use and transfer your data to the Ancillary Services and (iii) reformat and manipulate your data as reasonably necessary for the data to function with the Ancillary Services. Your original data files will remain in the Canaveri LLC CAS.420 Online Service. If you sign up for any Ancillary Services that support Online Data Transfer, you will have the option to request that Canaveri LLC send your data to any of those supported Ancillary Services. If a supported Ancillary Service is provided by a third party, you authorize Canaveri LLC to transfer your data to and from the third-party provider to enable provision of the Ancillary Services to you. Canaveri LLC will support and maintain the data transfer service as part of the Canaveri LLC CAS.420 Online Service.  You agree that the third-party provider may transfer your data from the Ancillary Service to Canaveri LLC, and that, Canaveri LLC may use such data subject to the terms of this Agreement.  You agree and acknowledge that Canaveri LLC has no control over any third-party provider or any third-party Ancillary Services. Your use of the Ancillary Service is subject to additional third-party terms and conditions.  Please carefully review their terms and conditions, including privacy policy.  If you do not agree with their terms and policies, you should not use or access the third-party Ancillary Service and you should not authorize the Online Data Transfer to the third-party Ancillary Service.

 

9. SOCIAL MEDIA SITES. Canaveri LLC may provide experiences on social media platforms such as Facebook®, Twitter® and LinkedIn® that enable online sharing and collaboration among anyone who has registered to use them.  Any content you post, such as pictures, information, opinions, or any Personal Information that you make available to other participants on these social platforms, is subject to the Terms of Use and Privacy Policies of those platforms. Please refer to those social media platforms to better understand your rights and obligations with regard to such content.