I understand that this Agreement (“Agreement”) between Orion Advisor Solutions, Inc., which collectively with its subsidiaries and affiliates shall be referred to herein as “Orion” and me states the terms and conditions of my use of Orion’s online services (the “Services”). The Services generally allow me to access my Orion accounts and/or enter purchase, redemption and exchange transactions.
2. Responsibilities of User; Scope of Use
I shall be the only authorized user of the Services under this Agreement for my personal use. I agree not to re-disseminate any information obtained under this Agreement in any manner to third parties without the express written consent of Orion. I shall be responsible for the confidentiality and use of my password(s) and other security data, methods and devices. I understand that I shall be solely responsible for all transaction requests electronically transmitted using my passwords and other security data. I accept full responsibility for the monitoring of my account. I agree that Orion shall not be under a duty to inquire as to the authority or propriety of any instructions given to Orion by me or via my user ID and/or password, and shall be entitled to act upon any such instructions; and Orion will not be liable for any loss, cost, expense or other liability arising out of any such instructions.
3. User Consent
I recognize that my use of the Services may involve the transmission to me of information that may be considered personal financial information. I consent to the transmission by electronic means of such information through the Services; such consent shall be effective at all times that I use the Services.
I am aware of the Orion privacy policies.
4. Error Notification
I understand that all transaction requests placed through the Services are at my sole risk and responsibility. I agree that any transaction requests given by me and any information furnished to me by use of the Services shall be subject to the following terms and conditions:
If a transaction has been placed through the Services and I have not received an accurate written confirmation within ten (10) business days, I shall immediately notify Orion.
If there is a discrepancy in any account balance reported to me by Orion I shall immediately notify Orion.
If there is any other type of discrepancy or suspicious or unexplained occurrence relating to the Services or my account I shall immediately notify Orion.
All notifications to Orion pertaining to this agreement shall be directed to:
Orion Advisor Solutions, Inc.
c/o Gemini Fund Services, LLC
17605 Wright Street, Ste. 2
Omaha, NE 68130
I shall immediately notify Orion if my user ID and/or password I use with the Services are lost or stolen or if there is unauthorized use of my user ID and/or password.
If I fail to notify Orion when any of the above conditions occur, neither Orion nor any of its employees, agents, affiliates, subsidiaries, directors, managers, control persons, nor any third parties, can or will have any responsibility or liability to me or to any other person whose claim may arise through me for any claims with respect to the handling, mishandling, or loss of any transaction. Notwithstanding my notification to Orion, Orion shall not be liable for any losses related to the Services except as expressly set forth in this Agreement. I understand that
Orion shall not be deemed to have received any transaction electronically transmitted by me until Orion has acknowledged to me that the transaction has been received by Orion. I accept full responsibility for the monitoring of my account.
5. Limitation of Liability & Disclaimer of Warranties
I understand that all transactions placed through the Services are at my sole risk and responsibility. I agree that neither Orion nor any subsidiary or affiliate or any third party working with Orion to provide services hereunder shall be responsible for any damages caused by communications line failure, unauthorized access, theft, systems failure, and other occurrences beyond its reasonable control, nor shall Orion be responsible for any damages arising out of the use of or inability to use this website or any of its content, even if I have been advised or should have been aware of the possibility of such damages. I further agree to provide all telephone and other equipment to access the Services and I will be solely responsible for paying all charges related thereto. I am aware that at times, the Orion website may be inaccessible or its transaction features may be unavailable.
I expressly acknowledge and agree that the use and storage of any information, including without limitation, transaction activity, account balances, and any other information or orders available through use of the Services is at my sole risk and responsibility. I further acknowledge and agree that all information presented here is furnished “as is”. ORION DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES EXPRESS OR IMPLIED INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IN RESPECT OF THE SERVICES OR ANY INFORMATION OR PRODUCTS OBTAINED FROM, THROUGH, OR IN CONNECTION WITH THE SERVICES. IN NO EVENT WILL ORION BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY DEFECT IN OR USE OF THE SERVICES.
6. Online Account Transactions
By entering a transaction online, I certify that I am of legal age and capacity and am authorized to do so. I have read the current plan description for the plan I am purchasing and agree to be bound by its terms and conditions. If other family members in my household have accounts in the same plan I own, I agree that Orion may send a single copy to our household of that plan’s updated plan description, annual report, semiannual report or other information that is required to be delivered. I agree to notify Orion by phone, in writing or by email if I wish to receive a separate copy of these materials.
Through use of a user ID and password, I may be able to access account information on this website. In doing so, I may be transmitting personal information. By using this website to gain access to my account information, I consent to the electronic transmission of that personal information.
I am solely responsible for the confidentiality and use of my user ID, password and account number(s). I accept full responsibility for all transactions entered through my user ID and password. I agree to immediately notify Orion if my user ID and password are lost or stolen, if I become aware that my user ID, password and/or account number(s) is/are being used in an unauthorized manner, if I receive any confirmation of a transaction that I did not enter, or if I receive confirmation or a statement containing conflicting or inconsistent information regarding my account.
Failure to notify Orion of one of the above conditions will release Orion and our employees, agents, affiliates and subsidiaries from any responsibility or liability to me or any other person or entity resulting from the management or loss of any transaction.
Orion reserves the right to discontinue electronic access to my account at any time. Orion further reserves the right to modify the information contained on this website or modify the availability of any transactions at any time. Orion may immediately and without notice terminate my ability to access my account information if I violate the conditions of use stated herein or if I endanger the use of the services provided through this website.
To the extent that any Services use internet, wireless or related electronic or similar services to transport data or communications, Orion will take reasonable security precautions, but Orion disclaims any liability for interception of any such data or communications. Orion shall not be responsible for, and makes no warranties regarding, the access, speed or availability of such services.
8. Modification & Termination
I agree that Orion may modify, change, or discontinue the Services in whole or in part, at any time. I agree that Orion may immediately terminate its provision of the Services to me if I breach this Agreement, if I have jeopardized the proper and efficient operation of the Services, or if I engage in activity which is contrary to Orion’s policies. Any unauthorized use of the Services, whatsoever, shall result in automatic termination of this Agreement.
Any modification, change or notification of termination will be posted by Orion on its website.
9. Third Party Content, Products and Services (Including Links)
Orion permits links from other websites and may permit links to this website simply as a convenience to visitors. The existence of a particular link does not indicate an endorsement by us of the linked site. Unless otherwise indicated, the linked sites are not under our control and we are not responsible for the content of any linked site or any link contained in a linked site, or any changes or updates to such sites. Orion makes no representations about the accuracy or completeness of the information contained on any linked sites and assume no liability for the content or presentation of linked sites.
Orion is not responsible, and assumes no liability, for content displayed on this website that may be provided by another party. Orion is not responsible for the accuracy or completeness of any such content.
I must obtain permission to link to this website and can make a request by contacting us at 1.800.445.GRAD (4723), option #5. Requests to link to our site must include the URL of your site and an explanation for the link to our site.
10. Permissible Use of Materials
I may download or print a copy of the information or materials contained on this website provided that the copy retains all copyright and other proprietary notices contained on the materials. Any other copying, republication or redistribution, reproduction, uploading, posting, or transmittal of the text or graphics of this website, including, without limitation, linking or framing, is expressly prohibited without our prior written permission.
I may not include Orion’s corporate name or any of our trademarks or any variation of them, as a metatag, hidden textual element, or any other indicator that may create an impression of an affiliation, relationship, or endorsement between any other party and us or our subsidiaries or affiliates.
11. Site Operation
Orion operates this website from offices within the United States of America. Orion does not represent that the information on this website is appropriate or available for use in other locations. Access from certain locations may be strictly prohibited. Those who access this site do so on their own initiative and are responsible for compliance with all applicable local laws. The laws of the State of Nebraska will govern any claims relating to the information contained on this website.
My use of this website means that you accept the terms and conditions contained on this website.
12. No Offers
The information contained on this website does not constitute an offer or solicitation for the sale of any security in any jurisdiction where we are not licensed to conduct business or where the security is not available for sale. No security is offered or will be sold in any jurisdiction in which such offer or solicitation would be unlawful. Securities products are offered for sale by prospectus only.
13. No Legal or Tax Advice
The information on this website is provided for informational purposes. It is not intended and should not be construed as legal or tax advice. The information is not a substitute for investment advice from a competent financial or tax advisor.
14. Trademark and Copyright Notices
Orion or the state of Texas are the copyright owners of all text and graphic images contained on this website, unless otherwise indicated. Trademarks (service marks) include Texas Tuition Promise Fund.
Content on www.TexasTuitionPromisefund.com is protected by applicable copyright laws. No permission is granted to copy, distribute, modify, post or frame any text, graphics, software code, user interface design or logos.