Texting Disclaimer

Disclosure

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT FOR ANY WARRANTIES THAT CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED UNDER LAW APPLICABLE TO THESE TERMS OF USE, OPPENHEIMER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE PROGRAM.  OPPENHEIMER DOES NOT GUARANTEE OR WARRANT THAT THE SERVICE WILL BE AVAILABLE, OR THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED.  TO THE FULLEST EXTENT PERMISSIBLY BY APPLICABLE LAW, OPPENHEIMER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR CONDITIONS OF TITLE, FITNESS FOR A PARTICULAR PURPOSE (WITHER OR NOT OPPENHEIMER KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED OR IS OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), AND NON-INFRINGEMENT, AND ANY SUCH WARRANTIES OR CONDITIONS ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.  

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER OPPENHEIMER NOR ITS AFFILIATES WILL BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES TO YOU OR YOUR EQUIPMENT ARISING FROM YOUR USE OF THE SERVICE OR PARTICIPATION IN THE PROGRAM. IN NO EVENT WILL OR ITS AFFILIATES BE LIABLE FOR ANY INJURY, LOSS, DAMAGE OR CLAIM, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES, OR INCONVENIENCES OF ANY KIND, UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, ARISING FROM OR IN ANY WAY CONNECTED WITH (A) ANY USE OF OR PARTICIPATION IN THE PROGRAM, EVEN IF OPPENHEIMER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (B) ANY FAILURE, DELAY, OR UNAVAILABILITY (INCLUDING BUT NOT LIMITED TO THE INABILITY TO USE OR PARTICIPATE IN THE PROGRAM), EVEN IF OPPENHEIMER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NEITHER OPPENHEIMER NOR ITS AFFILIATES WILL BE LIABLE FOR ANY LOSSES, CLAIMS, INJURIES, LIABILITIES OR DAMAGES RESULTING FROM A CAUSE OVER WHICH OPPENHEIMER DOES NOT HAVE DIRECT CONTROL, INCLUDING BUT NOT LIMITED TO THE FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATION LINES, INACCESSIBILITY OF THE SERVICE, UNAUTHORIZED ACCESS, THEFT, SEVERE WEATHER, WAR, ACTS OF TERRORISM, STRIKES OR OTHER LABOR PROBLEMS, GOVERNMENT RESTRICTION, ACTS OR OMISSIONS OF UNAFFILIATED THIRD PARTIES, ACTS OF GOD OR UNFORESEEN ILLEGAL ACTIONS OF ANOTHER ("FORCE MAJEURE" CONDITIONS).

To the maximum extent permitted by applicable law, these Terms of Use are governed by the laws of the State as set forth in an applicable customer agreement between you and the applicable affiliate of Oppenheimer; if no such agreement is in effect, these Terms of Use are governed by the laws of the State of New York in each instance without regard to conflict of law principles.

These Terms of Use do not modify, amend, or replace any other agreements that you may have with Oppenheimer or its affiliates, including without limitation investment advisory agreements, account agreements and electronic delivery agreements. In the event of any conflict between the provisions of these Terms of Use and any other agreements you may have with Oppenheimer or any of its affiliates (collectively, the "Other Agreements"), then the provisions of the Other Agreements will govern, except with respect to the subject matter hereof.