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Stifel Wealth Tracker Terms of Use Agreement

Last updated November 15, 2018

Welcome to Stifel Wealth Tracker.

PLEASE REVIEW THIS TERMS OF USE AGREEMENT, WHICH SETS OUT THE TERMS OF YOUR USE OF THE STIFEL WEALTH TRACKER PLATFORM (“WEALTH TRACKER” OR THE “PLATFORM”) AND THE FINANCIAL ACCOUNT DATA AND TOOLS PROVIDED ON THE PLATFORM (COLLECTIVELY, THE “SERVICES”). THIS IS A BINDING AGREEMENT BETWEEN YOU AS A SUBSCRIBER OF THE SERVICES AND INTYCE, LLC, THE PROVIDER OF THE SERVICES. BY LOGGING INTO AND USING THE SERVICES, YOU AGREE TO BE BOUND BY AND TO COMPLY WITH THESE TERMS OF USE. IF YOU DO NOT AGREE, YOU MUST IMMEDIATELY CEASE USING THE SERVICES.

THIS AGREEMENT REQUIRES ALL DISPUTES TO BE RESOLVED BY WAY OF BINDING ARBITRATION. THE TERMS OF THE ARBITRATION CLAUSE APPEAR IN SECTION 15 BELOW OF THIS AGREEMENT.

  1. Our Services

    inTYCE, LLC, a Delaware limited liability company (“Stifel Wealth Tracker,” “we,” “us,” or “our”), is the provider of the Stifel Wealth Tracker platform (“Wealth Tracker”). Wealth Tracker provides software tools to help you, as a subscriber to the Services (“you” or “Subscriber”), collect information and review your financial picture in a single place.

    Available via mobile, tablet, or any computer, Wealth Tracker is a powerful free service designed to give you a big-picture view of your financial situation so that you can chart a course for your future. You can use Wealth Tracker to securely view all of your financial information – your investment and retirement accounts, checking and savings accounts, mortgage, student loans, and other loans, credit cards, and more – in one place. The software can track your net worth, monitor your progress toward your goals, perform detailed analysis on your investment portfolio, and illustrate your asset and sector allocations. When you register to use the Services, you can complete a risk profile to help determine whether your holdings are aligned with your financial goals, tolerance for risk, and time horizon. Additionally, the Services can help you better understand certain investments through access to research reports from our nationally recognized equity research partner. Best of all, as a Subscriber you can request to speak with a financial advisor in your area.

  2. Your Agreement With Stifel Wealth Tracker

    This Terms of Use Agreement, including any exhibits included or referenced herein, and any amendments hereto (collectively, this “Agreement”) is an agreement between you and us which sets forth the terms and conditions applicable to your access and use of the Services. You represent that you are able to enter into legally binding contracts, and you agree that this online Agreement legally binds you in the same manner that you would be bound by a signed, written, paper contract. You may not use Wealth Tracker or any Services in any manner or attempt to access Wealth Tracker or any Service if you are not willing to be bound and abide by this Agreement.

    Your use of the Services is subject to our Privacy Statement, located at www.stifel.com/tracker/privacy (as it may be amended from time to time), which is incorporated in and made part of this Agreement. PLEASE READ OUR PRIVACY STATEMENT CAREFULLY. The Privacy Statement addresses how we gather, use, disclose, and manage your personal information.

    We reserve the right to change or modify this Agreement or our Privacy Statement, or modify or discontinue any portion or all of the Services or features and functionality provided through Wealth Tracker, from time to time. If we decide to change this Agreement or our Privacy Statement, we will notify you (in a manner consistent with Section 16 below) and post or provide a link to the amended Agreement on Wealth Tracker or otherwise on our website. You agree that such changes will be effective at the time such notice of the amended terms is provided, and that such notice constitutes adequate and effective notice. By logging in and using the Services, after such amendment, you are agreeing to the Agreement terms as amended.

  3. Fees for Wealth Tracker

    Your use of Wealth Tracker and related Services are offered free of charge. You may be offered additional services for a fee, including wealth management services provided by one of our affiliates. It is solely your choice whether to accept any such services. Stifel Wealth Tracker reserves the right, in its sole discretion, to amend or change its pricing policy for its current Services or any additional services that we may offer.

  4. Your Obligations and Eligibility to Use the Services

    By agreeing to this Agreement and accessing and using the Services, you acknowledge and agree that:

    1. The Services are provided by Stifel Wealth Tracker, but we may retain affiliates and/or other third-party services providers to assist or support us in providing the Services (including with respect to any security, technology, support, legal, compliance, administrative, or similar function) (each a “Third-Party Provider”).
    2. Wealth Tracker and the Services provided hereunder are neither offered to, nor intended to be accessed or used by individuals located outside the U.S. By accessing and using the Services, you represent and warrant that you are not located in the European Economic Area or Switzerland, and you will not access the Services from those impermissible locations.
    3. Wealth Tracker and the Services are intended to be accessed and used only by individuals who have reached the legal age of majority in the jurisdiction where they are located, which may be 18 years or older, depending on the jurisdiction. You may not use or access the Services unless you have reached the legal age of majority in the jurisdiction where you are located.
    4. You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist-supporting” country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
    5. The Services depend on your provision to us of, and you agree to provide, complete, accurate, and up-to-date information for as long as you use the Services.
    6. You will NOT do any of the following:
      1. Violate any applicable law or contractual duty or use Wealth Tracker, the Services, or any User Account (defined below) or Account Information (defined below) for illegal purposes;
      2. Use Wealth Tracker or Services to transmit anything that is threatening, abusive, obscene, vulgar, offensive, profane, unlawful, libelous, intended to harass, violate the rights of another, or otherwise inappropriate, as determined by us;
      3. Disseminate information on Wealth Tracker that is intended to adversely affect or could reasonably be expected to materially adversely affect any third party or its business based on the reasonably contemplated dissemination of such information relating thereto on Wealth Tracker and subsequently by other users;
      4. Engage in behavior that will put your Personal Information at unnecessary risk, such as leaving, transmitting, or publishing your Credentials (defined below);
      5. Disclose or misuse any trade secret or other confidential business information, or infringe on any patent, trademark, copyright, right of publicity, or other right of any other person or entity;
      6. Resell, transfer, or make any commercial use of Wealth Tracker or Services, as they are intended solely for your use as an end user;
      7. Create/register accounts or aggregate financial institutions with the Service through unauthorized means, including by using an automated device, script, robot, spider, harvester, crawler, or scraper;
      8. Reverse engineer or decompile any technology associated with Wealth Tracker or Services, including to any software applications, Apps (defined below), Java applets, or plug-ins associated with the Services;
      9. Use any robot, spider, web crawler, scraper, deep link, or similar automated extraction or data-gathering mechanism, program, or tool to access, copy, or monitor our Wealth Tracker or Services or any portion thereof without our prior written consent;
      10. Post or transmit any file or e-mail which contains malware, including viruses, worms, Trojan horses, or any other damaging or destructive elements;
      11. Disseminate information that you know, or should know based on reasonable inquiry, contains software viruses, any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of Wealth Tracker or any associated software, hardware, or telecommunications equipment, or to damage or obtain unauthorized access to any system, data, password, or other information of us or of any third party;
      12. Take any action that imposes or may impose (as determined by us) an unreasonable or disproportionately large load on our (or our Third-Party Providers’) infrastructure, unless you obtain our prior express written consent in each instance, which we may rescind at any time, with or without notice or cause;
      13. Interfere or attempt to interfere with the proper functioning of Wealth Tracker or any activities conducted on Wealth Tracker;
      14. Seek to access the information of any other user of Wealth Tracker; or
      15. Bypass or circumvent, or attempt to bypass or circumvent, any measures we may use to prevent or restrict access to Wealth Tracker (or other accounts, computer systems, or networks connected to the Services).
  5. Our Right to Suspend or Terminate Your Access

    In addition to our rights to terminate this Agreement under Section 14 below, we reserve the right to modify, temporarily suspend, or permanently discontinue your access to Wealth Tracker or any portion thereof, or any Services (in our discretion, temporarily or permanently), including where we (a) believe that Wealth Tracker is being used in violation of this Agreement or applicable law; (b) believe your use of Wealth Tracker interferes with the normal operations of Wealth Tracker or creates any threat to the security of Wealth Tracker or other users thereof, or otherwise breaches this Agreement; (c) become aware of what we, in our sole discretion, deem a credible claim that Wealth Tracker or any portion thereof infringes upon the intellectual property rights of a third party; or (d) are required to do so by law, in each case with or without prior notice to you. We also reserve the right, at any time, to modify, add to, or remove any portion or feature of the Services, and you agree that we shall not be liable to you or any third party for any such modification or cessation of the Services or any modification of this Agreement.

    Your right to access Wealth Tracker and the Services is revoked where this Agreement or use of Wealth Tracker or Services is prohibited or to the extent the offer, sale, or provision of Wealth Tracker or any Services conflicts with any applicable law, rule, regulation, policy, procedure, contract, agreement, or understanding. Stifel Wealth Tracker may, in its sole discretion, revoke or refuse to offer any user’s access to Wealth Tracker or any Services, or change Wealth Tracker’s eligibility criteria, at any time.

  6. Your Registration Information and Credentials

    In order to use Wealth Tracker or any of the Services, you first need to create an Stifel Wealth Tracker user account (“User Account”) through Wealth Tracker or, if available, by opting in through a marketing partner or affiliate (e.g., through a hyperlink or any other invitation (electronic or otherwise) provided by the marketing partner or affiliate). To establish a User Account, you must provide true, accurate, and complete Personal Information (defined below) that is collected on the secure enrollment page, and also promptly maintain such information as true, accurate, and complete. We may deny your registration for a User Account, for any reason and at our sole discretion.

    You agree and understand that you are responsible for maintaining the confidentiality of the login information and password for your User Account (“Credentials”). You should also maintain appropriate anti-virus software on your computer or other device used to access the Services, as well as keep the operating system of such computers or devices up-to-date, so that your Credentials are not compromised through your own negligence. If you think that someone has committed fraud by accessing your Credentials, you must contact us IMMEDIATELY at WealthTracker@Stifel.com.

  7. Collection of Your Financial Account Information From Third-Party Financial Institutions by a Third-Party Provider

    1. The Services include the ability to aggregate information from accounts that you maintain at third-party financial institutions with which you have a legally binding customer relationship (“Account Information”) and to display this aggregated information in one location accessible through Wealth Tracker.
    2. Your Account Information will be retrieved from your financial institution by a Third-Party Provider, Quovo, Inc. (“Quovo”), which is not controlled by or affiliated with Stifel Wealth Tracker. If you wish to use such aggregation tools, you will have to provide to Quovo the passwords and other login credentials for your third-party financial accounts, and by doing so, you are expressly authorizing Quovo to electronically retrieve your Account Information, and agreeing to be bound by Quovo’s Terms of Service, available at https://www.quovo.com/legal/terms/ and Quovo’s Privacy Policy, available at https://www.quovo.com/legal/privacy-policy/. You acknowledge, understand, and agree that Quovo, and not Stifel Wealth Tracker, is storing and processing your third-party account login credentials and collecting your Account Information, which information is held by Quovo in accordance with Quovo’s Terms of Use and Quovo’s Privacy Policy, which may be amended by Quovo from time to time as set forth therein and that Stifel Wealth Tracker is not responsible for any data stored or processed by Quovo, or by any services provided by Quovo under Quovo’s Terms of Use.
    3. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, WE SHALL IN NO EVENT BE RESPONSIBLE FOR THE FINANCIAL AND OTHER DATA, PRODUCTS, AND SERVICES OBTAINED FROM YOUR THIRD-PARTY FINANCIAL INSTITUTIONS OR OTHER THIRD-PARTY SOURCES AND WHICH IS DISPLAYED OR REPORTED THROUGH ANY OF OUR SERVICES, INCLUDING FOR THEIR ACCURACY, COMPLETENESS, OR SUITABILITY FOR ANY PURPOSE. While Wealth Tracker and the Services provided by Stifel Wealth Tracker may help you to better understand your financial picture, you should consult with a professional financial advisor before making investment decisions or deciding on significant changes to your personal financial strategy.
  8. Your Data and Associated Risks

    The data that you supply to the Services (whether directly by you, which is transferred to the Services through connections with your third-party financial institutions, or otherwise) (collectively, “Your Data”) is your confidential information, and we will process and use it only as permitted in this Agreement.

    The overall accuracy and integrity of the data collected in the Services is an important element in providing you with an accurate picture of your personal finances. Stifel Wealth Tracker, however, shall not be responsible for and cannot guarantee the accuracy or timeliness of (i) Your Data, including the Account Information or other information retrieved from third-party financial institutions or other third-party entities where your accounts are held; or (ii) data available in the Services that is supplied by third-party research/market data providers.

    You acknowledge that it cannot be guaranteed that software and technology systems will be free of error or failure. We may not be able to foresee or anticipate technical or other difficulties which may result in any of the following (whether by us, affiliates, or Third-Party Providers that assist us in providing the Services, or any of the foregoings’ systems, equipment, or network for communications): a failure to obtain data, corruption of data, unauthorized access to Confidential Information (defined below), errors in the Services, personalization settings, service failures, or other service interruptions. Stifel Wealth Tracker assumes no responsibility for the timeliness, accuracy, deletion, non-delivery, or failure to store any user data, loss of user data, communications, or personalization settings. You are encouraged to periodically confirm the data presented by the Services directly with independent sources or providers, such as an investment adviser, broker-dealer, or other financial institutions where you maintain accounts.

    You acknowledge that there are risks inherent in maintaining Your Data in a remote server and software network (“cloud-based”) environment, including the risk of hacking or other unauthorized third-party access to Your Data, including your Personal Information (defined below), and exposure to viruses and malware. Stifel Wealth Tracker and its affiliates shall not be responsible to you for any unauthorized access to Your Data or the unauthorized use of the Services.

    Your Data may contain information that identifies a particular individual, such as names and e-mail addresses (collectively, “Personal Information”). For all Personal Information that you supply to the Services (whether directly by you, through connections with your third-party financial institutions, or otherwise), you agree that you have sufficient rights under applicable law (including U.S. privacy law and any E.U. Privacy Directives) to transmit, store, copy, use, and transfer into Wealth Tracker such Personal Information, and to authorize Stifel Wealth Tracker and its Third-Party Providers to process Your Data in connection with the provision of the Services.

    You acknowledge that Stifel Wealth Tracker will collect and create data related to your use of the Services, including metadata generated by your activity on Wealth Tracker (“Activity Metadata”), as well as aggregated and anonymized data that is derived from Your Data and data of or related to other subscribers (including User Account data, Account Information, and Activity Metadata (such aggregated and anonymized data, “Derived Data”).

    We may access, archive, or monitor Activity Data, and we may use tools, scripts, software, cookies, and utilities to monitor and administer Wealth Tracker and provide the Services. You also consent to the recording of any electronic or written correspondence and any or all telephone conversations between you, us, and any of our affiliates in connection with this Agreement or the Services and agree and understand that recordings may be submitted in evidence in any legal proceeding relating to this Agreement. For compliance and regulatory purposes, we reserve the right to keep an audit trail of your use of the Services and all information that we provided to you. You agree that our monitoring activities shall not entitle you to any cause of action or other right with respect to the manner in which we monitor your usage of Wealth Tracker and enforces, or fails to enforce, this Agreement and we shall not be liable for any damages resulting from such monitoring.

  9. Feedback and Confidentiality

    We are happy to receive feedback from you, including any complaints, comments, or suggestions related to the Services, whether provided in writing or orally (collectively, “Feedback”). You agree that all Feedback becomes our Confidential Information and that you irrevocably assign to us all right, title, and interest in and to the Feedback. Feedback may be submitted to WealthTracker@Stifel.com.

    In connection with our provision of the Services, we may provide, or you may come to learn of information (nonpublic or otherwise), including business and technical information relating to the Services, the Platform, investment research reports, and other market commentary, all of which is deemed confidential and/or proprietary (“Confidential Information”). During the term of this Agreement and for a period of three (3) years thereafter, you agree not to disclose, reproduce, or otherwise upload, publish, or distribute in any way whatsoever the Confidential Information, except as you may be required or otherwise compelled by operation of law or regulation. Notwithstanding the foregoing, nothing contained in this Agreement prohibits, limits, or restricts you from communicating with any federal or state regulatory agency or body about the Services.

  10. Data, Content, or Software Licensed From Third Parties

    To facilitate our provision of Wealth Tracker and Services, we license data, content, or software from certain third parties. From time to time, we may revise this Agreement as requested by such third parties as licensors and/or require that you agree to additional pass-through terms with respect to such third parties. We make no guarantee as to the accuracy, timeliness, completeness, or usefulness of any data, content, or software from such third parties, and you agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your downloading, installing, use of, or reliance on any data, content, or software provided by/from such third parties, irrespective of whether the data, content, or software provided by these third parties are provided from within Wealth Tracker or require you to leave Wealth Tracker and enter the website of such third party. Your use of the data, content, or software provided by such third party shall be subject to the terms of use/service and the privacy policy of such third parties. Also, when you use or access the websites of your financial services providers, you will be subject to their terms of use/service and any other policies they may have.

  11. Ownership, Copyright, and Trademark

    The technology and content used to offer, or provided in connection with, the Services, including Wealth Tracker, Feedback, Derived Data, Activity Metadata, browser software plug-in, smart phone software, and tablet software, and all intellectual rights in the foregoing (collectively, “Stifel Wealth Tracker Property”) are either owned by us or licensed by us from a third party as described in Section 10 above, and nothing in this Agreement shall restrict the applicable owner from sharing or otherwise using Stifel Wealth Tracker Property for any purpose. Such content includes the look and feel of Wealth Tracker, all our promotional materials, and in general includes all text, graphics, photographs, illustrations, images, videos, tutorials, notices, software, and other content, which is protected by the copyright law of the United States and international treaties, trademark and patent laws, and other intellectual property laws.

    In connection with your use of the Services, we grant you a revocable, nonexclusive, limited, and royalty-free license during the term of this Agreement for you to use Wealth Tracker and the Services solely for your personal, non-commercial use.

    Stifel Wealth Tracker™, the Stifel Wealth Tracker logo, and other marks are our registered trademarks and service marks. All other product names and company logos found on promotional materials are the trademarks or service marks of their respective owners. Except as indicated in this paragraph, you may not copy, reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any of our content, information, or trademarks without our express, written consent.

    You do not acquire any ownership interest in any Stifel Wealth Tracker Property as part of your access to Wealth Tracker or the receipt of any Services, and no license rights (including rights arising by implication or estoppel) are granted to you other than those expressly granted in this Agreement.

    By accessing and using Wealth Tracker, you hereby grant to us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable, and transferable license to use, edit, modify, truncate, aggregate, reproduce, prepare derivative works of, display, store, analyze, process, perform, and otherwise fully use Your Data (including User Account or Account Information) only as necessary to provide the Services and to operate, develop, and maintain Wealth Tracker in accordance with this Agreement.

  12. Disclaimer of Representation and Warranty; Disclaimer of Liability

    NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, STIFEL WEALTH TRACKER AND ITS AFFILIATES, THIRD-PARTY PROVIDERS, LICENSORS, AND AGENTS (COLLECTIVELY, THE “STIFEL WEALTH TRACKER ENTITIES”) MAKE NO, AND HEREBY DISCLAIM ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICES AND WEALTH TRACKER, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. ALL SERVICES ARE PERFORMED AND WEALTH TRACKER IS PROVIDED ON AN “AS-IS, AS-AVAILABLE” BASIS, AND THE STIFEL WEALTH TRACKER ENTITIES ASSUME NO RESPONSIBILITY FOR ERRORS OR OMISSIONS MADE BY YOU, OR ERRORS OR OMISSIONS IN THE INFORMATION, SOFTWARE, TOOLS, DOCUMENTATION AND OTHER CONTENT (COLLECTIVELY, “CONTENT”) WHICH ARE REFERENCED BY, LINKED TO, OR PROVIDED BY OR THROUGH THE SERVICES AND/OR WEALTH TRACKER. YOUR USE OF WEALTH TRACKER AND THE SERVICES AND ALL CONTENT(INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE THEREIN IS AT YOUR SOLE RISK.

    WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE STIFEL WEALTH TRACKER ENTITIES SHALL NOT BE LIABLE FOR THE ACCURACY OR RELIABILITY OF ANY CONTENT, FOR ANY SERVICES INTERRUPTIONS, INTERNET OR TELECOMMUNICATIONS FAILURE, OR YOUR INABILITY TO ACCESS THE SERVICES OR WEALTH TRACKER OR FOR ANY FAILURE OR DELAY RESULTING FROM ANY FORCE MAJEURE EVENT (DEFINED BELOW). STIFEL WEALTH TRACKER AND THE STIFEL WEALTH TRACKER ENTITIES CANNOT ALWAYS ANTICIPATE TECHNICAL OR OTHER DIFFICULTIES WITH THE SERVICES, EITHER PRESENTLY OR AS THEY EVOLVE; THE SERVICES MAY CONTAIN BUGS, ERRORS, OR OTHER PROBLEMS, WHICH MAY RESULT IN LOSS OF DATA OR SETTINGS. THE STIFEL WEALTH TRACKER ENTITIES DO NOT GUARANTEETHE COMPLETE SECURITY OF THE SERVICES; THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; OR THAT ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED. YOU AGREE THAT ANY DOWNLOADS OF CONTENT OR MATERIALS RELATED TO THE SERVICES OR THE WEBSITE IS DONE AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER/SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF OR ACCESS TO ANY SUCH MATERIALS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES; ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

    NO STIFEL WEALTH TRACKER ENTITY SHALL BE RESPONSIBLE FOR INVESTMENT AND OTHER FINANCIAL DECISIONS, DAMAGES, OR OTHER LOSSES RESULTING FROM USE OF THE SERVICES, AND NO STIFEL WEALTH TRACKER ENTITY SHALL BE CONSIDERED AN "EXPERT" UNDER THE SECURITIES ACT OF 1933. NO STIFEL WEALTH TRACKER ENTITY WARRANTS THAT ANY OF THE SERVICES PROVIDED UNDER THIS AGREEMENT COMPLIES WITH THE REQUIREMENTS OF THE FINANCIAL INDUSTRY REGULATORY AUTHORITY, THE SECURITIES AND EXCHANGE COMMISSION, OR ANY SIMILAR ORGANIZATION OR REGULATOR OR WITH THE SECURITIES LAWS OF ANY JURISDICTION. USE OF THE SERVICES DOES NOT CREATE AN ADVISER/CLIENT OR OTHER FIDUCIARY RELATIONSHIP WITH YOU.

  13. Limitation of Liability

    IN NO EVENT SHALL ANY STIFEL WEALTH TRACKER ENTITY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT, INCLUDING ANY DAMAGES FOR LOST PROFITS, LOST OPPORTUNITY, LOSS OF DATA, LOSS OF GOODWILL, LOSS OF USE, OR OTHER ECONOMIC ADVANTAGE OR OTHER INTANGIBLE OR SPECULATIVE LOSSES, WHETHER OR NOT THE LOSS IS THE RESULT OF MALFUNCTION OF THE SERVICES AND/OR WEALTH TRACKER, OR THE COST OF SUBSTITUTE GOODS OR SERVICES; ANY PRODUCTS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH, OR FROM THE SERVICES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, STATEMENTS, OR CONDUCT OF ANYONE RELATED TO THE SERVICES; THE PERFORMANCE OR NON-PERFORMANCE OF ANY WEBSITE OF ANY THIRD PARTY THAT PROVIDES YOUR ACCOUNT INFORMATION, IN EACH CASE WHETHER OR NOT SUCH STIFEL WEALTH TRACKER ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ANY STIFEL WEALTH TRACKER ENTITY HAVE ANY LIABILITY OF ANY KIND OR NATURE TO YOU OR ANY THIRD PARTY THAT (I) ARISES FROM OR IS RELATED TO ANY EQUIPMENT, SOFTWARE, FACILITIES, SERVICES, INFORMATION, MATERIALS, OR INFRASTRUCTURE PROVIDED BY YOU OR ANY THIRD PARTY AND NOT FURNISHED BY THE STIFEL WEALTH TRACKER ENTITIES OR (II) RESULTS FROM IMPROPER OR NEGLIGENT USE OR OPERATION BY YOU OF WEALTH TRACKER OR OTHER SERVICES OR WHICH IS IN VOIOLATION OF THIS AGREEMENT. WITHOUT LIMITATION OF THE FOREGOING, IN NO EVENT SHALL THE LIABILITY IN CONNECTION WITH THIS AGREEMENT OF ANY STIFEL WEALTH TRACKER ENTITY TO YOU OR ANY THIRD PARTY EXCEED TEN U.S. DOLLARS ($10), REGARDLESS OF THE FORM OF ACTION. IT IS FURTHER UNDERSTOOD THAT CERTAIN APPLICABLE LAWS, INCLUDING THE U.S INVESTMENTS ADVISERS ACT OF 1940 (THE “ADVISERS ACT”), MAY IMPOSE LIABILITY OR ALLOW FOR LEGAL REMEDIES EVEN WHERE WE HAVE ACTED IN GOOD FAITH AND THAT THE RIGHTS UNDER THOSE LAWS MAY BE NON-WAIVABLE. SOME JURISDICTIONS DO NOT PERMIT THE LIMITATION OR EXCLUSION OF CERTAIN CATEGORIES OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

  14. Ending Your Relationship With Stifel Wealth Tracker

    This Agreement will continue to apply until terminated by either you or us as set out below. If you want to terminate your relationship with us, you must close your User Account following the process described below.

    Send an e-mail to WealthTracker@Stifel.com from the e-mail address associated with your User Account, indicating “CANCEL” in the subject line of the message. After confirming you are the User Account owner, we will close your User Account and your Account Information will no longer be accessible to you on the Platform. We have no obligation to maintain such information or make it available to you after termination.

    We reserve the right to terminate our legal agreement with you for any reason or no reason, in our sole and absolute discretion, by providing notice of such termination to you. The termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination and upon termination of this Agreement: (i) all rights granted to you to your access and use of the Services shall immediately cease, and (ii) Sections 2, 4, 7(c), 9, 11, 12, 13, 15, 16, 18, and 21 shall survive termination of this Agreement for any reason.

  15. Arbitration

    ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THE SERVICES, THIS AGREEMENT, OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, OR VALIDITY THEREOF, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE (EACH, A “DISPUTE”), SHALL BE DETERMINED BY BINDING ARBITRATION TO BE CONDUCTED IN ST. LOUIS, MISSOURI, BEFORE A SOLE ARBITRATOR. THE ARBITRATION SHALL BE ADMINISTERED BY JAMS PURSUANT TO STREAMLINED ARBITRATION RULES AND PROCEDURES, AND THE ARBITRATOR SHALL APPLY THE LAWS APPLICABLE IN THE STATE OF MISSOURI. JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION AS SPECIFIED BELOW. THIS CLAUSE SHALL NOT PRECLUDE PARTIES FROM SEEKING INJUNCTIONS OR OTHER FORMS OF EQUITABLE RELIEF OR PROVISIONAL REMEDIES IN AID OF ARBITRATION FROM A COURT OF APPROPRIATE JURISDICTION. YOU AGREE THAT ALL DISPUTES MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. BY ENTERING INTO THIS AGREEMENT AND AGREEING TO ARBITRATION, YOU AGREE THAT YOU ARE WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY. IN ADDITION, YOU AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR LITIGATE ON A CLASS-WIDE BASIS. YOU AGREE THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS. IN ANY ARBITRATION, THE ARBITRATOR MAY, IN THE AWARD, ALLOCATE ALL OR PART OF THE COSTS OF THE ARBITRATION, INCLUDING THE FEES OF THE ARBITRATOR AND THE REASONABLE ATTORNEYS’ FEES OF THE PREVAILING PARTY, AND SHALL DETERMINE THE PREVAILING PARTY FOR THIS PURPOSE WITH RESPECT TO ANY DISPUTE THAT IS NOT ARBITRABLE UNDER APPLICABLE LAW, AND YOU IRREVOCABLY AND UNCONDITIONALLY CONSENT TO SUBMIT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE STATE COURTS IN ST. LOUIS, MISSOURI, OR FEDERAL COURT FOR THE EASTERN DISTRICT OF MISSOURI.

  16. Your Consent to Electronic Notices

    All notices, requests, approvals, and other communications regarding any Services and other offerings under this Agreement shall be in writing and will be deemed to have been duly given with respect to this Agreement when posted on Wealth Tracker and/or when sent via e-mail to any e-mail address associated with your User Account. Communications regarding the Services may involve the electronic transmission of information to any e-mail address associated with your User Account, and you agree and consent to such electronic transmission of such information.

  17. Amendments to This Agreement

    We may revise this Agreement at any time, and therefore, we recommend that you check this Agreement as posted on Wealth Tracker from time to time. If we modify this Agreement, we will notify you (in a manner consistent with Section 16 above) and post or provide a link to the amended Agreement on Wealth Tracker or otherwise on our website, and such changes will be effective at such time, and that such notice constitutes adequate notice. By logging in and using the Services, after such amendment, you are agreeing to the Agreement terms as amended.

  18. Indemnification

    You agree to indemnify, defend, and hold us and any Stifel Wealth Tracker Entity and all of their officers, directors, employees, agents, information providers, and licensors harmless from and against any and all third-party claims, losses, claims, proceedings, demands, damages, liabilities, penalties, interest, and expenses (including, attorneys’ and other professional advisors’ fees and costs) incurred by any of these parties that arise out of or are caused by: (i) your use of the Services and/or Wealth Tracker; (ii) your violation of this Agreement; (iii) your negligence or willful misconduct in connection with this Agreement or your use of the Services; or (iv) your violation of the rights of a third party, including the infringement by you of any intellectual property rights, or violation by any user of your Credentials or User Account.

    In the event that there are third-party claims against you for which you properly seek damages from us under this Agreement, or we are subject to any claim for which we have the right to be indemnified by you, we reserve the right, at our expense in the case of claims by third parties against you and at your expense in the case of claims for which we have the right to be indemnified by you, to assume the exclusive defense and control of any such claim, and you agree that in any event no such claim can be settled without our written consent.

  19. Advisory Services

    Disclaimers:

    You Are Not Receiving Investment Advice and Your Acknowledgement of Investment Risks. By using the Services, you understand and acknowledge that Services are not intended to provide financial advice and that Stifel Wealth Tracker does not guarantee any investment results. All information displayed by the Services, including all financial and market commentary, stock, bond, fund, or other securities research, is for convenience and general information purposes only and not intended to be relied upon as investment advice. All investments entail a risk of loss, and you may lose money. You also understand that all investments are subject to various market, currency, economic, political, business, and other risks. Investments, particularly those in international stocks and stocks of smaller companies, present numerous risks, can be very volatile, and can result in a loss of principal. International investments include risks of currency fluctuation, political and economic instability, and differences in financial reporting in addition to the risks present in domestic investments. Investments in smaller companies may involve greater risks than investments in larger, more mature companies. The value of debt securities frequently is reduced (sometimes dramatically) by increases in interest rates. While the financial insights we provide may assist in helping you understand your finances, you should consult with a professional investment adviser before making investment decisions or deciding on changes to your personal financial strategy. You should not engage in any financial transactions based on the information provided or presented to you by the Services. Neither Stifel Wealth Tracker, nor any of its Third-Party Providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of any financial or other information provided through the Services.

    No Offer or Solicitation. You acknowledge and agree that the Services do not constitute an offer (or solicitation of an offer) to buy or sell securities, commodities, currencies, financial instruments, or contracts for the exchange of value, services, or risk.

    Not a Legal or Tax Adviser. Neither we nor the Services give, offer, or render tax or legal advice. Before making financial or investment decisions, we recommend that you contact an investment adviser, or tax or legal professional. One of our affiliates separately offers and provides investment advice.

    Stifel Wealth Tracker and Third-Party Offers. Some parts of the Services may, either today or in the future, be supported by advertising or marketing partnership relationships.

    Financial Advisory Services by Stifel Financial Corp. and/or Its Subsidiaries. The Services are a tool made available for use by you, and are not intended to be, nor shall they be construed as, investment advisory services.

    inTYCE, LLC’s parent company, Stifel Financial Corp. (“Stifel”) provides discretionary and other wealth management services by or through its registered representatives and investment adviser/brokerage subsidiaries (collectively, “RIA Affiliates”). Neither Stifel nor the RIA Affiliates are a provider of the Services hereunder.

    If you request to speak with a financial representative, consent to receive wealth management services of any kind from Stifel or any RIA Affiliate, or if you open your User Account through an invitation from a financial representative registered with Stifel or any RIA Affiliate (including by accessing Wealth Tracker through a hyperlink or other form of invitation (electronic or otherwise), we will share Your Data (including any Personal Information) with Stifel or any RIA Affiliate to facilitate such entity’s conversation with or provision of wealth management services to you. For the avoidance of doubt, the “Sevices” (as defined herein) provided by Stifel Wealth Tracker and/or through Wealth Tracker as referenced herein do not include any wealth management services that may be provided by Stifel or an RIA Affiliate.

  20. Additional Terms For Services Provided Through a Web or Mobile App

    With respect to Services provided through a web or mobile app (an “App”), we grant you a limited, terminable, non-exclusive license to download and install a single copy of the App solely on your own computer or mobile device, for use solely to connect to and use the Services as permitted under this Agreement. This license is not transferable to any third party. On termination of this Agreement for any reason, including in the event you close your User Account, you will delete any downloaded or installed copies of the App.

    You acknowledge that this Agreement is between Stifel Wealth Tracker and you, and not with the owner or operator of any app store through which the App is distributed (the “App Store Provider”). In addition to the terms of this Agreement, your use of the App and any Services provided through the App will be subject to the terms of any user agreement associated with the app store or other venue through which you downloaded or obtained the App.

    Without limiting Section(s) 12 and 13 above: (a) Stifel Wealth Tracker is solely responsible for providing any maintenance and support services with respect to Wealth Tracker as provided in this Agreement or under applicable law, and the App Store Provider has no obligation whatsoever to furnish any maintenance and support services with respect to the App or the associated Services; (b) the App Store Provider is not responsible for any product warranties for the App or the Services (to the maximum extent permitted by applicable law, the App Store Provider will have no other warranty obligation whatsoever with respect to the App or the Services, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Stifel Wealth Tracker’s sole responsibility); and (c) Stifel Wealth Tracker, and not the App Store Provider, is responsible for addressing any claims of you or any third party relating to the App and the Services.

    Stifel Wealth Tracker and you acknowledge and agree that the App Store Provider is a third-party beneficiary of the provision of this Section 20 and other provisions this Agreement applicable to the App Store Provider hereunder, and upon your acceptance of the terms and conditions of this Agreement, the App Store Provider will have the right (and will be deemed to have accepted the right) to enforce such provisions of this Agreement against you as a third-party beneficiary thereof.

  21. Miscellaneous

    This Agreement and any Services provided hereunder will be governed exclusively by the laws applicable in the State of Missouri, excluding its provisions on conflicts or choice of law, provided that nothing herein shall be construed in a manner inconsistent with the Advisers Act.

    Neither any Stifel Wealth Tracker Entity nor Subscriber shall be responsible for, nor be in default under this Agreement due to any delays or failure of performance (except payment obligations) resulting from acts or causes beyond its reasonable control, including acts of God, acts of war, acts of terror, civil unrest, strikes or other labor problems, power failures, floods, earthquakes, other natural disasters, denial-of-service attacks, or other similar events, including any such event that impacts Subscriber or any Stifel Wealth Tracker Entity (each, a “Force Majeure Event”).

    We do not waive our rights by delaying or failing to exercise them at any time. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, state, or federal, the validity or enforceability of any other provision of this Agreement shall not be affected.

    Section headings in this Agreement are for convenience of reference only, and shall not govern the interpretation of any provision of this Agreement. The use of the term “including” means “including, without limitation” throughout this Agreement.

    In the event that any of the terms of this Agreement are determined invalid, unlawful, or unenforceable to any extent, such term shall be construed to the maximum extent enforceable in accordance with the intent of the parties, and the remaining terms shall continue to be valid to the fullest extent permitted by law.

    This Agreement, including, the licenses granted by us, is personal to you, and is not assignable, transferable, or sub-licensable in whole or part by you except with our prior written consent.

    The Agreement, including the separate Privacy Statement and any other documents referred to herein, represents the entire understanding between both you and us regarding the Services (as defined herein) and the subject matter hereof and supersedes any prior statements or representations. In the event of a conflict between the terms of this Agreement and the terms of an exhibit, amendment, schedule, addendum, or disclosure, the terms of the exhibit, amendment, schedule, addendum, or disclosure shall prevail, but solely as to the subject matter herein.