Last updated July 30, 2020
Welcome to Stifel Wealth Tracker.
PLEASE REVIEW THIS AGREEMENT, WHICH SETS OUT THE TERMS OF YOUR USE OF THE STIFEL WEALTH TRACKER PLATFORM (“WEALTH TRACKER” OR THE “PLATFORM”) AND THE CONTENT (DEFINED BELOW) AND THE SERVICES (DEFINED BELOW) PROVIDED ON THE PLATFORM. THIS IS A BINDING AGREEMENT BETWEEN YOU AS A USER OF THE PLATFORM AND THE SERVICES (A “SUBSCRIBER”) AND STIFEL, NICOLAUS & COMPANY, INCORPORATED, THE PROVIDER OF THE PLATFORM AND THE SERVICES. BY ACCESSING THE PLATFORM AND/OR USING THE SERVICES, YOU AGREE TO BE BOUND BY AND TO COMPLY WITH THIS AGREEMENT.
YOU ARE BEING GIVEN ACCESS TO THE PLATFORM BECAUSE YOU ARE AN EXISTING CLIENT OF STIFEL, NICOLAUS & COMPANY, INCORPORATED, AND HAVE ENTERED INTO THE STIFEL ACCOUNT AGREEMENT AND DISCLOSURE BOOKLET, THE TERMS OF WHICH ALSO GOVERN YOUR USE OF THE PLATFORM AND THE SERVICES. IF YOU ARE NOT A CLIENT OF STIFEL, OR DO NOT AGREE TO BE BOUND BY AND COMPLY WITH THIS AGREEMENT, YOU MUST IMMEDIATELY CEASE ACCESSING THE PLATFORM AND 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 16 BELOW OF THIS AGREEMENT.
Stifel, Nicolaus & Company, Incorporated (“Stifel,” “we,” “us,” or “our”) is the provider of the Platform. The Platform is an online financial information retrieval and management platform that allows you, as a Subscriber (“you” or “your”), to, among other things, view, consolidate, and manage information concerning your account(s) with Stifel or any of our affiliates (“Stifel Account Data”) and/or information concerning your account(s) at third-party account providers that are accessible from such third-party(ies)’s websites (“Third-Party Account Data”). In addition to the foregoing account information services, the Platform also may provide financial and other information, quotations, market data, documentation and research (“Content”), and analytics and other online software tools (“Tools”) (all services delivered on the Platform, collectively, the “Services”). The Platform is available via mobile, tablet, or any computer. The Platform is provided strictly as a convenience and is not, and shall not be considered, a substitute or replacement for account statements or other documentation provided by Stifel or any of our affiliates or third-party account providers. Please consult your official account statements for information regarding your account balances, positions, and transactions.
This Agreement, including any Annexes (defined below) 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. This Agreement incorporates by reference our Privacy Statement, which governs how we gather, use, disclose, and process your personal data. PLEASE READ OUR PRIVACY STATEMENT CAREFULLY.
This Agreement also incorporates the terms of any Annex posted on the Platform (an “Annex”), which Annexes may address general rules or guidelines established by Stifel for use of the Platform, and in some cases set out terms that are applicable to only certain of the Services. In some cases, you will be asked to separately accept the terms of an Annex in order to receive the Services that are the subject of the Annex. All Annexes are incorporated in and subject to this Agreement, and may be modified by Stifel from time to time. The Annexes include:
You represent that you are of applicable legal age and able to enter into legally binding contracts, and you agree that this online Agreement (including all applicable Annexes) legally binds you in the same manner that you would be bound by a signed, written, paper contract. You may not use the Platform or the Services in any manner, or attempt to access the Platform or the Services, if you are not willing to be bound and abide by this Agreement.
We reserve the right to change or modify any portion of this Agreement or our Privacy Statement, or modify or discontinue any portion or all of the Services or features and functionality provided through the Platform, from time to time. If we decide to change this Agreement (including any Annex), we will notify you (in a manner consistent with Section 17 below) and post or provide a link to the amended Agreement on the Platform 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 accessing and logging in to the Platform and/or accessing the Services, after such amendment, you are agreeing to the Agreement terms as amended.
Your use of the Platform and the Services are offered free of charge as part of your relationship with Stifel. Stifel reserves the right, in our sole discretion, to amend or change its pricing policy for its current Services or any additional services that we may offer.
By agreeing to this Agreement and accessing the Platform and/or using the Services, you acknowledge and agree that:
In addition to our rights to terminate this Agreement under Section 15 below, we reserve the right to modify, temporarily suspend, or permanently discontinue your access to the Platform or any portion thereof, or any of the Services (in our discretion, temporarily or permanently), notify law enforcement, regulatory authorities, impacted third parties, and others as we deem appropriate, and/or take legal action against you, including where we (a) believe that the Platform or the Services are being used in violation of this Agreement or applicable law; (b) believe your use of the Platform or the Services interferes with the normal operations of the Platform or creates any threat to the security of the Platform or other users thereof, or otherwise breaches this Agreement; (c) become aware of what we, in our sole discretion, deem a credible claim that the Platform 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 Platform or 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 Platform or the Services or any modification of this Agreement.
Your right to access the Platform and use the Services is revoked where this Agreement or use of the Platform or the Services is prohibited or to the extent the offer, sale, or provision of the Platform or any of the Services conflicts with any applicable law, rule, regulation, policy, procedure, contract, agreement, or understanding. Stifel may, in its sole discretion, revoke any user’s access or refuse to offer any user access to the Platform or the Services, or change the Platform’s eligibility criteria, at any time.
In order to use the Platform or the Services, you first need to create a Platform user account (“User Profile”) through the Platform. To establish a User Profile, you must provide true, accurate, and complete Personal Information (defined below), including, name, physical address, phone numbers, and e-mail addresses, 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 Profile, 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 Profile (“Credentials”). You should also maintain appropriate anti-virus software on your computer or other device used to access the Platform and 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 your Credentials have been lost, stolen, or otherwise compromised, or that someone has committed fraud by accessing your Credentials, you must contact us IMMEDIATELY at SNClientServices@stifel.com.
The data that you supply to the Platform and the Services, including Third-Party Account Data and Stifel Account Data (whether directly by you, which is transferred to the Services through connections with your third-party financial institutions or Stifel or its affiliates, to other users, 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 Platform and the Services is an important element in providing you with an accurate picture of your personal finances. Stifel, however, shall not be responsible for and cannot guarantee the accuracy or timeliness of (i) Your Data, including the Third-Party Account Data, Stifel Account Data, or other information retrieved from third-party financial institutions 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 when you share or disclose any of Your Data, including the Third-Party Account Data, Stifel Account Data, or other information retrieved from third-party financial institutions where your accounts are held to other subscribers on the Platform, you do so at your own risk and without Stifel’s control. You should not share Your Data, including the Third-Party Account Data, Stifel Account Data, or other information retrieved from third-party financial institutions where your accounts are held with other subscribers on the Platform that you deem to be private or confidential information.
You should at all times maintain copies of Your Data. We have the right to retain any or all of Your Data for record-keeping purposes, to the extent such data exists in business records or in archived materials, as may be necessary to comply with any regulatory requirements or other applicable law, and/or to protect and enforce its rights hereunder.
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, our affiliates, Third-Party Providers that assist us in providing the Services, or any necessary systems, equipment, or network for communications): a failure to obtain data, corruption of data, unauthorized access to Confidential Information (defined below), errors in the Platform, the Services, personalization settings, service failures, or other service interruptions. Stifel 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 and our 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 Platform or the Services (whether directly by you, through connections with your third-party financial institutions, Stifel or its affiliates, to other subscribers, 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 the Platform such Personal Information, and to authorize Stifel and any of its affiliates and Third-Party Providers to process Your Data in connection with the provision of the Services.
You acknowledge that Stifel will collect and create data related to your use of the Platform and the Services, including metadata generated by your activity on the Platform (“Activity Metadata”), as well as aggregated and/or de-identified data that is derived from Your Data and data of or related to other subscribers (including User Profile, Stifel Account Data, Third-Party Account Data, 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 the Platform 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, the Platform, 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 Platform and 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 the Platform and enforce, or fail to enforce, this Agreement and we shall not be liable for any damages resulting from such monitoring.
You may elect to use Stifel’s Account Sharing Service, which enables you to share certain of Your Data in a view-only format with your designated third-party financial accountants, advisors, or other individuals (each, a “Third-Party Individual”). By using the Account Sharing Service, and authorizing a Third-Party Individual, you consent to allow that Third-Party Individual to access and view certain of Your Data. Upon your authorization, Stifel will provide to such Third-Party Individual a link they can use to access and review certain of Your Data in view-only format. If, at any time, you wish to terminate such access of the Third-Party Individual, you must notify Stifel through the controls provided on the Platform. You acknowledge and agree that when you share or disclose any of your Third-Party Account Data and Stifel Account Data with any Third-Party Individual, you do so at your own risk and without Stifel’s control. You acknowledge and agree that Stifel and its affiliates cannot control, and are not responsible and have no liability for, any actions of any Third-Party Individual that you nominate, or how such Third-Party Individual may use or disclose Your Data. We recommend that you exercise extreme caution when sharing any Third-Party Account Data and Stifel Account Data with any Third-Party Individual.
We are happy to receive feedback from you, including any complaints, comments, or suggestions related to the Platform and 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 rights, title, and interest in and to the Feedback. Feedback may be submitted to SNClientServices@stifel.com.
In connection with our provision of the Platform and 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. If you inadvertently receive information about another person or Platform end user through any Service, you agree to promptly notify us, and to keep such information confidential.
The technology and Content used to offer, or provided in connection with, the Platform, the Services, Feedback, Derived Data, Activity Metadata, browser software plug-in, smart phone software, and tablet software, and all intellectual rights in the foregoing (collectively, “Stifel Property”) are either owned by us or licensed by us from a third party as described in Section 11 above, and nothing in this Agreement shall restrict the applicable owner from sharing or otherwise using Stifel Property for any purpose. Such Content includes the look and feel of the Platform, all our promotional materials, and in general includes all text, information, research, graphs, graphics, photographs, illustrations, images, videos, tutorials, notices, page headers, custom graphics, button icons, scripts, 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 Platform and the Services, we grant you a revocable, non-exclusive, limited, and royalty-free license during the term of this Agreement for you to use (i.e., to download and display locally and print) the Platform and the Services solely for your personal, non-commercial use.
All trademarks and logos appearing on the Platform are either trademarks or registered trademarks that belong to us, the Third-Party Providers, or our licensors. 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 the trademarks that appear on the Platform without express, written consent from us.
You do not acquire any ownership interest in any Stifel Property as part of your access to the Platform or the receipt of any the 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 the Platform, 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, adapt, publish, distribute, incorporate, perform, and otherwise fully use Your Data (including User Profile, Stifel Account Data, or Third-Party Account Data) into any form, medium, or technology now known or later developed only as necessary to provide the Services and to operate, develop, and maintain the Platform in accordance with this Agreement.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, STIFEL AND OUR AFFILIATES, THIRD-PARTY PROVIDERS, LICENSORS, AND AGENTS (COLLECTIVELY, THE “STIFEL ENTITIES”) MAKE NO, AND HEREBY DISCLAIM ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICES AND THE PLATFORM, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. ALL SERVICES ARE PERFORMED AND THE PLATFORM ARE PROVIDED ON AN “AS-IS, AS-AVAILABLE” BASIS, AND THE STIFEL ENTITIES ASSUME NO RESPONSIBILITY FOR ERRORS OR OMISSIONS MADE BY YOU, OR ERRORS OR OMISSIONS IN THE CONTENT WHICH ARE REFERENCED BY, LINKED TO, OR PROVIDED BY OR THROUGH THE SERVICES AND/OR THE PLATFORM. YOUR USE OF THE PLATFORM AND THE SERVICES AND ALL CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE THEREIN IS AT YOUR SOLE RISK. THIS PARAGRAPH GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE STIFEL 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 THE PLATFORM OR FOR ANY FAILURE OR DELAY RESULTING FROM ANY FORCE MAJEURE EVENT (DEFINED BELOW). STIFEL AND THE STIFEL ENTITIES CANNOT ALWAYS ANTICIPATE TECHNICAL OR OTHER DIFFICULTIES WITH THE SERVICES, EITHER PRESENTLY OR AS THEY EVOLVE; THE PLATFORM AND THE SERVICES MAY CONTAIN BUGS, ERRORS, OR OTHER PROBLEMS, WHICH MAY RESULT IN LOSS OF DATA OR SETTINGS. THE STIFEL ENTITIES DO NOT GUARANTEE THE COMPLETE SECURITY OF THE PLATFORM AND 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 PLATFORM, 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 OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES AS DESCRIBED IN SECTION 14; ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
NO STIFEL ENTITY SHALL BE RESPONSIBLE FOR INVESTMENT AND OTHER FINANCIAL DECISIONS, DAMAGES, OR OTHER LOSSES RESULTING FROM USE OF THE SERVICES, AND NO STIFEL 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.
IN NO EVENT SHALL ANY STIFEL 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 THE PLATFORM, 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 THIRD-PARTY ACCOUNT DATA, IN EACH CASE WHETHER OR NOT SUCH STIFEL ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ANY STIFEL 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 ENTITIES OR (II) RESULTS FROM IMPROPER OR NEGLIGENT USE OR OPERATION BY YOU OF THE PLATFORM OR OTHER SERVICES OR WHICH IS IN VIOLATION OF THIS AGREEMENT. WITHOUT LIMITATION OF THE FOREGOING, IN NO EVENT SHALL THE LIABILITY IN CONNECTION WITH THIS AGREEMENT OF ANY STIFEL 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 INVESTMENT ADVISERS ACT OF 1940 (THE “ADVISERS ACT”) AND 12 CFR PART 1005 - ELECTRONIC FUND TRANSFERS (“REGULATION E”), 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.
This Agreement and your access to the Platform will continue to apply until terminated by either you or us as set out below, or immediately upon the closure of your Stifel Account(s). If you want to terminate your access to the Platform, you must close your User Profile following the process described below.
Send an e-mail to SNClientServices@stifel.com from the e-mail address associated with your User Profile, indicating “CANCEL” in the subject line of the message. After confirming you are the User Profile owner, we will close your User Profile and your Stifel Account Data and Third-Party Account Data 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 your access to the Platform or 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 to the Platform and use of the Services shall immediately cease, and (ii) Sections 7(c), 8, 10, 12-17, and 19-22 shall survive termination of this Agreement.
You (including your principals, agents, beneficiaries, successors, heirs, and assigns), agree that all claims or controversies between you and Stifel and/or any of Stifel’s present or former agents, employees, officers, and directors, whether such claims or controversies arose prior, on, or subsequent to the date hereof, concerning or arising from the construction, performance, or breach of this Agreement or any other agreement between you and Stifel or an affiliate must be resolved exclusively by binding arbitration pursuant to the terms described in Section 40 of the Stifel Account Agreement and Disclosure Booklet.
All notices, requests, approvals, and other communications regarding the Platform, the 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 the Platform; when sent via e-mail to any e-mail address associated with your User Profile; by sending you an in-product message within the Platform or the Services; mailing it to any postal address that you have provided us; and/or by sending it as a text message to any mobile phone number that you have provided us, including to the mobile phone number that you have listed in any Service setup or customer profile. All notices by any of these methods shall be deemed received by you no later than twenty-four (24) hours after they are sent or posted, except for notice by postal mail, which shall be deemed received by you no later than three (3) Business Days after it is mailed. You may request a paper copy of any legally required disclosures, and you may terminate your consent to receive required disclosures through electronic communications by contacting us at SNClientServices@stifel.com. Communications regarding the Platform or the Services may involve the electronic transmission of information to any e-mail address associated with your User Profile, and you agree and consent to such electronic transmission of such information.
We may revise this Agreement at any time, and therefore, we recommend that you check this Agreement as posted on the Platform from time to time. If we modify this Agreement, we will notify you (in a manner consistent with Section 17 above) and post or provide a link to the amended Agreement on the Platform or otherwise on our website, and such changes will be effective at such time, and that such notice constitutes adequate notice. By logging into the Platform and/or using the Services, after such amendment, you are agreeing to the Agreement terms as amended.
You agree to indemnify, defend, and hold us and any Stifel Entity and all of their respective 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 the Platform; (ii) your violation of this Agreement; (iii) your negligence or willful misconduct in connection with this Agreement or your access of the Platform or 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 Profile.
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.
You Are Not Receiving Investment Advice and Your Acknowledgement of Investment Risks. By using the Platform and the Services, you understand and acknowledge that the Platform and the Services are not intended to provide financial advice and that Stifel does not guarantee any investment results. All information displayed by the Platform and 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 Platform and the Services. Neither Stifel, nor any of its Third-Party Providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of any financial or other information provided through the Platform and the Services.
No Offer or Solicitation. You acknowledge and agree that the Platform and 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 Advisor. Neither we nor the Platform 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.
Stifel and Third-Party Offers. Some parts of the Platform and the Services may, either today or in the future, be supported by advertising or marketing partnership relationships.
Financial Advisory Services by Stifel. 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. This Agreement applies only to your use of the Platform and the Services and does not apply to any trades executed in your account with Stifel, nor does it apply to any investment advice or recommendations provided by any Stifel personnel. Any advisory and brokerage services provided by Stifel are governed by your Stifel Account Agreement and Disclosure Booklet.
With respect to the Platform and the Services provided through a web or mobile app (an “App”), we grant you during the term of this Agreement 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 Profile, you will delete any downloaded or installed copies of the App.
You acknowledge that this Agreement is between Stifel 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, the Platform, 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) 13 and 14 above: (a) Stifel is solely responsible for providing any maintenance and support services with respect to the Platform 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, Platform, or the associated Services; (b) the App Store Provider is not responsible for any product warranties for the App, the Platform, 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’s sole responsibility); and (c) Stifel, and not the App Store Provider, is responsible for addressing any claims by you or any third party relating to the App and the Services.
Stifel and you acknowledge and agree that the App Store Provider is a third-party beneficiary of the provision of this Section 21 and other provisions of 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.
This Agreement, the Platform, 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 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 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, the Annexes, and any other documents referred to herein, represents the entire understanding between both you and us regarding the Platform and 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 Annex, exhibit, amendment, schedule, addendum, or disclosure, the terms of the Annex, exhibit, amendment, schedule, addendum, or disclosure shall prevail, but solely as to the subject matter herein. In the event of a conflict between the terms of this Agreement with any other agreements related to any Stifel Account Data, or other agreements include terms that are not addressed in this Agreement, then the other agreements will control and take precedence, unless this Agreement specifically states otherwise. The other agreements will only control to the extent necessary to resolve the conflict or inconsistency. For the avoidance of doubt, additional provisions of other agreements regarding the Stifel Account Data that do not appear in this Agreement will continue to apply.
Last updated January 2020
This Electronic Delivery Annex (this “Annex”) is part of and subject to the Agreement, and sets forth those terms applicable solely to the electronic delivery service (the “e-Delivery Service”). In the event of any conflict between the terms of this Annex and the body of the Agreement, the terms of this Annex apply solely with respect to the e-Delivery Service. Capitalized terms not defined in this Annex have the meaning specified in the Agreement. This Annex is applicable to you if and to the extent you receive and use the e-Delivery Service.
Stifel is required to provide certain records and disclosures to you about our relationship and transactions in your Stifel accounts “in writing,” and you are entitled to receive these documents in paper form. Stifel’s e-Delivery Service offers you the option to receive most account, investment, services, and product-related documentation (collectively, “Stifel Communications”) electronically, rather than via paper mail delivery. If you register for e-Delivery Service, instead of mailing paper documents to you, Stifel will provide you with notice of and access to Stifel Communications via an e-mail sent to an address that you provide.
Stifel Communications that are available for e-Delivery Service are grouped into broad categories that you may choose from within the Platform. Categories of Stifel Communications that are or will be available for the e-Delivery Service include, but are not limited to:
Each category of Stifel Communications, and any future categories, shall be established and maintained at Stifel’s sole discretion and includes all documentation that Stifel alone determines is eligible for the e-Delivery Service. When you register for the e-Delivery Service, you consent to the electronic delivery of all eligible documents of a selected category.
Notwithstanding your registration for the e-Delivery Service, Stifel may send paper copies of certain Stifel Communications if they are not available in electronic form, or as required by law, regulation, or otherwise at Stifel’s sole discretion.
Your registration for the e-Delivery Service for selected Stifel Communications serves as your informed consent for Stifel to begin e-Delivery and to cease paper delivery of those communications. Stifel Communications sent via the e-Delivery Service fully satisfies any requirement that such communications be provided “in writing.”
By registering for the e-Delivery Service, you are confirming that you have provided Stifel with a valid e-mail address and have and will maintain reliable access to the internet and the ability to open, save, download, and print documents in Portable Document Format (“PDF”). PDF documents require the use of Adobe Acrobat Reader software, which is available as a free download at www.adobe.com. You understand that it is your responsibility to both keep your e-mail address current and to monitor it for Stifel Communications.
As part of the registration process for the e-Delivery Service, you must select each category of Stifel Communication that you wish to receive electronically. To access, download, or print any Stifel Communication, you must log in to the Platform. Subject to applicable rules and regulations (including Stifel’s document retention policies), you may request a paper copy of a Stifel Communication that was previously delivered through the e-Delivery Service. We may charge you a reasonable fee for the delivery of such paper copies. Fee Schedule:
To request paper copies, ask questions, or report problems about any Stifel Communications, you may contact us at: SNClientServices@stifel.com.
You may withdraw your consent to receive Stifel Communications through the e-Delivery Service at any time by deselecting any previously selected categories of Stifel Communication in the e-Delivery Service settings portion of the Platform. When you change your preference back to postal mail delivery, this cancels your enrollment in the e-Delivery Service for any selected categories of Stifel Communications. Stifel shall process your selections and any changes in a reasonable time frame, which may require a print cycle or completion of an internal reconciliation process to complete before any changes become effective.
Stifel delivers a Stifel Communication to you by sending an e-mail to let you know it is available. For certain documents, the e-mail itself will be the Stifel Communication. For all other documents, the e-mail will contain a link to a website where you can access the document, usually after you log in to the Platform.
Unless expressly stated, e-mail notifications for Stifel Communications are not encrypted. For security and confidentiality, unencrypted e-mails will not include your name, full account number, or any other personal identifier. Be aware, however, that some e-mail addresses may use part or all of your name. If you use a work e-mail address, your employer or other employees may have access to your e-mail. To help you identify your Stifel account, we may include some portion, but not all, of your account number.
Stifel reserves the right, in Stifel’s sole determination, to revert your e-Delivery settings to postal mail delivery after any unsuccessful electronic delivery attempts of your Stifel Communications. This will cancel your enrollment in the e-Delivery Service. It is your responsibility to notify Stifel through the controls provided on the Platform of any change in your e-mail address associated with the Platform.
Last updated July 30, 2020
This Bill Payment Annex (this “Annex”) is part of and subject to the Agreement, and sets forth those terms applicable solely to the bill payment service (the “Bill Payment Service”). In the event of any conflict between the terms of this Annex and the body of the Agreement, the terms of this Annex apply solely with respect to the Bill Payment Service. Capitalized terms not defined in this Annex have the meaning specified in the Agreement. This Annex is applicable to you if and to the extent you receive and use the Bill Payment Service.
The Bill Payment Service enables you to receive, view, and pay bills from the Platform
The Bill Payment Service utilizes Third-Party Providers that we have engaged to render some or all of the Bill Payment Service to you on our behalf. For Stifel, Nicolaus & Company, Incorporated. Eligible Transaction Accounts (“SN&C Accounts”) specifically, the Bill Payment Service is offered through Bank of New York Mellon (“BNYM”). Notwithstanding that we have engaged such Third-Party Providers to render some or all of the Bill Payment Service to you, we are the sole party liable to you for any payments or transfers conducted through the Bill Payment Service and we are solely responsible to you and any third-party to the extent any liability attaches in connection with the Bill Payment Service. You agree that we have the right under this Agreement to delegate to Third-Party Providers all of the rights and performance obligations that we have under this Agreement, and that the Third-Party Providers will be third party beneficiaries of this Agreement and will be entitled to all the rights and protections that this Agreement provides to us.
We reserve the right to terminate your use of the Bill Payment Service if you withdraw your consent to receive electronic communications.
The following types of payments are prohibited through the Bill Payment Service, and we have the right but not the obligation to monitor for, block, cancel, and/or reverse such payments:
Except as required by applicable law, in no event shall we or our Third-Party Providers be liable for any claims or damages resulting from your scheduling of prohibited payments. We encourage you to provide notice to us by the methods described in Section 11 (Errors, Questions, and Complaints) of any violations of this Annex or the Agreement generally.
There are limits on the amount of money you can send or receive through our Bill Payment Service. Your limits may be adjusted from time-to-time in our sole discretion. For certain Bill Payment Services, you may have the ability to log in to the Platform to view your individual transaction limits. We or our Third-Party Providers also reserve the right to select the method in which to remit funds on your behalf though the Bill Payment Service and, in the event that your Eligible Transaction Account is closed or otherwise unavailable to us, the method to return funds to you. These payment methods may include, but may not be limited to, an electronic debit, a paper check drawn on the account of a Third-Party Provider, or draft check drawn against your account.
Immediately following your discovery of an unauthorized Payment Instruction, you shall communicate with customer care for the Bill Payment Service in the manner set forth in Section 11 (Errors, Questions, and Complaints). You acknowledge and agree that time is of the essence in such situations. If you tell us within two (2) Business Days after you discover your password or other means to access your account through which you access the Bill Payment Service has been lost or stolen, your liability is no more than $50.00 should someone access your account without your permission. If you do not tell us within two (2) Business Days after you learn of such loss or theft, and we can prove that we could have prevented the unauthorized use of your password or other means to access your account if you had told us, you could be liable for as much as $500.00. If your monthly financial institution statement contains payments that you did not authorize, you must tell us at once. If you do not tell us within sixty (60) days after the statement was sent to you, you may lose any amount transferred without your authorization after the sixty (60) days if we can prove that we could have stopped someone from taking the money had you told us in time. If a good reason (such as a long trip or a hospital stay) prevented you from telling us, we may in our sole discretion extend the period.
It is your responsibility to determine what, if any, taxes apply to the transactions you make or receive, and it is your responsibility to collect, report, and remit the correct tax to the appropriate tax authority. We are not responsible for determining whether taxes apply to your transaction, or for collecting, reporting, or remitting any taxes arising from any transaction.
In using the Bill Payment Service, you are requesting that we or our Third-Party Providers attempt to make payments for you from your Eligible Transaction Account. If the Payment Instruction cannot be completed for any reason associated with your Eligible Transaction Account (for example, there are insufficient funds in your Eligible Transaction Account, or the Payment Instruction would exceed the credit or overdraft protection limit of your Eligible Transaction Account, to cover the payment), the Payment Instruction may or may not be completed. In certain circumstances, our Third-Party Providers may either advance funds drawn on their corporate account or via an electronic debit, and in such circumstances will attempt to debit the Eligible Transaction Account a second time to complete the Payment Instruction. In some instances, you will receive a return notice from us or our Third-Party Providers. In each such case, you agree that:
We are not responsible for any error or fees, including payment processing errors or fees incurred, if you do not provide accurate Eligible Transaction Account, Payment Instructions, or contact information.
If you wish to cancel the Bill Payment Service, you may contact us as set forth in Section 11 (Errors, Questions, and Complaints). Any payment(s) that have begun processing before the requested cancellation date will be processed by us. You agree that we may terminate or suspend your use of the Bill Payment Service at any time and for any reason or no reason. Neither termination, cancellation, nor suspension shall affect your liability or obligations under this Agreement.
If you think your periodic statement for your account is incorrect or you need more information about a transaction listed in the periodic statement for your account, we must hear from you no later than sixty (60) days after we send you the applicable periodic statement for your account that identifies the error. You must:
The earliest possible Scheduled Payment Date for each Biller will be designated within the portion of the Platform through which the Bill Payment Service is offered when you are scheduling the payment. Therefore, the Bill Payment Service will not permit you to select a Scheduled Payment Date less than the earliest possible Scheduled Payment Date designated for each Biller. When scheduling payments, you must select a Scheduled Payment Date that is no later than the actual Due Date reflected on your Biller statement unless the Due Date falls on a non-Business Day. If the actual Due Date falls on a non-Business Day, you must select a Scheduled Payment Date that is at least one (1) Business Day before the actual Due Date. Scheduled Payment Dates must be prior to any late date or grace period. Depending on the method of payment, your Eligible Transaction Account may be debited prior to the Scheduled Payment Date. For example, if the selected method of payment is a draft check drawn on your account, the draft check arrives earlier than the Scheduled Payment Date due to expedited delivery by the postal service, and the Biller immediately deposits the draft check, your Eligible Transaction Account may be debited earlier than the Scheduled Payment Date.
Due to circumstances beyond the control of the Bill Payment Service, particularly delays in handling and posting payments by Billers or financial institutions, some transactions may take longer to be credited to your account. Accordingly, we recommend that all Scheduled Payment Dates be at least seven (7) to ten (10) Business Days prior to the Due Date. If you follow the procedures described herein, including but not limited to Section 12 of this Annex, and schedule your payments for payment at least seven (7) to ten (10) Business Days prior to the Due Date of the bill, and we fail to process the payment on the Scheduled Payment Date, we will be responsible for up to $50.00 in late charges. In all other circumstances, you will be responsible for all late charges and penalties.
By providing the Bill Payment Service with names and account information of Billers to whom you wish to direct payments, you authorize the Bill Payment Service to follow the Payment Instructions that it receives through the Platform. In order to process payments more efficiently and effectively, the Bill Payment Service may edit or alter payment data or data formats in accordance with Biller directives.
When the Bill Payment Service receives a Payment Instruction, you authorize the Bill Payment Service to debit your Eligible Transaction Account and remit funds on your behalf so that the funds arrive as close as reasonably possible to the Scheduled Payment Date designated by you. You also authorize the Bill Payment Service to credit your Eligible Transaction Account for payments returned to the Bill Payment Service by the United States Postal Service or Biller, or payments remitted to you on behalf of another authorized user of the Bill Payment Service.
The Bill Payment Service will attempt to make all your payments properly. However, the Bill Payment Service shall incur no liability and any Service Guarantee (as described in Section 13 of this Annex) shall be void if the Bill Payment Service is unable to complete any payments initiated by you because of the existence of any one or more of the following circumstances:
Provided none of the foregoing exceptions are applicable, if the Bill Payment Service causes an incorrect amount of funds to be removed from your Eligible Transaction Account or causes funds from your Eligible Transaction Account to be directed to a Biller which does not comply with your Payment Instructions, the Bill Payment Service shall be responsible for returning the improperly transferred funds to your Eligible Transaction Account, and for directing to the proper Biller any previously misdirected transactions, and, if applicable, for any late payment related charges.
You may cancel or edit any Scheduled Payment (including recurring payments) by following the directions within the portion of the Platform through which the Bill Payment Service is offered. There is no charge for canceling or editing a Scheduled Payment. Once the Bill Payment Service has begun processing a payment it cannot be cancelled or edited, therefore, a stop payment request must be submitted.
The Bill Payment Service's ability to process a stop payment request will depend on the payment method and whether or not a check has cleared. The Bill Payment Service may also not have a reasonable opportunity to act on any stop payment request after a payment has been processed. If you desire to stop any payment that has already been processed, you must contact customer care for the Bill Payment Service in the manner set forth in Section 11 of this Annex. Although the Bill Payment Service will attempt to accommodate your request, the Bill Payment Service will have no liability for failing to do so. The Bill Payment Service may also require you to present your request in writing within fourteen (14) days. The charge for each stop payment request will be the current charge for such service as set out in the applicable fee schedule.
Exception Payments may be scheduled through the Bill Payment Service; however, Exception Payments are strongly discouraged, and any such scheduled payments shall be at your own risk. Except as required by applicable law, in no event shall the Bill Payment Service be liable for any claims or damages resulting from your scheduling of Exception Payments. The Service Guarantee (as described in Section 13 of this Annex) does not apply to Exception Payments.
The Bill Payment Service includes a feature that electronically presents you with electronic bills from select Billers. Electronic bills may not be available from all of your Billers. Electronic bills are provided as a convenience only, and you remain solely responsible for contacting your Billers directly if you do not receive their statements. In addition, if you elect to activate one of the Bill Payment Service's electronic bill options, you also agree to the following:
This Annex does not alter your liability or obligations that currently exist between you and your Billers.
You are responsible for paying all fees associated with your use of the Bill Payment Service. Applicable fees will be disclosed in the user interface for, or elsewhere within, the Bill Payment Service or Platform. Any applicable fees will be charged regardless of whether the Bill Payment Service was used, except for fees that are specifically use-based. Use-based fees for the Bill Payment Service will be charged against the Billing Account. There may be a charge for additional transactions and other optional services. You agree to pay such charges and authorize the Bill Payment Service to deduct the calculated amount from your designated Billing Account. Any of our other fees associated with your accounts will continue to apply. You are responsible for any and all telephone access fees and Internet service fees that may be assessed by your telephone and Internet service provider. Section 7 of this Annex applies if you do not pay our fees and charges for the Bill Payment Service, including if we debit the Billing Account for such fees, as described in this Section, and there are insufficient fees in the Billing Account.
The Bill Payment Service reserves the right to refuse to pay any Biller to whom you may direct a payment. As required by applicable law, the Bill Payment Service will notify you promptly if it decides to refuse to pay a Biller designated by you as set forth in Section 3 of this Annex or an Exception Payment under this Annex.
Neither us nor any of our Third-Party Providers have control of, or shall have any liability for, any products or services that are paid for with the Bill Payment Service. We also do not guarantee the identity of any user of the Bill Payment Service (including but not limited to recipients to whom you send payments).
In using the Bill Payment Service, you understand that Billers and/or the United States Postal Service may return payments to the Service for various reasons, including Biller's forwarding address expired; Biller account number is not valid; Biller is unable to locate account; or Biller account is paid in full. The Bill Payment Service will attempt to research and correct the returned payment and return it to your Biller, or void the payment and credit your Eligible Transaction Account. You may receive notification from the Bill Payment Service.
In addition to Section 9 of this Annex, you agree that the Bill Payment Service reserves the right to obtain financial information regarding your account from a Biller or your financial institution (for example, to resolve payment posting problems or for verification).
By providing us with a telephone number (including a wireless/cellular, mobile telephone number, and/or email address), you consent to receiving calls from us and our Third-Party Providers at that number, INCLUDING THOSE MADE BY USE OF AN AUTOMATIC TELEPHONE DIALING SYSTEM ("ATDS"), and/or e-mails from us for our everyday business purposes (including identity verification). You acknowledge and agree that such telephone calls include, but are not limited to, live telephone calls, prerecorded or artificial voice message calls, text messages, and calls made by an ATDS from us or our affiliates and agents.
You may view your transaction history by logging into the Bill Payment Service and looking at your transaction history. You agree to review your transactions by this method instead of receiving receipts by mail.
Links and Frames. Links to other sites may be provided on the portion of the Platform through which the Bill Payment Service is offered for your convenience. By providing these links, we are not endorsing, sponsoring, or recommending such sites or the materials disseminated by or services provided by them, and are not responsible for the materials, services, or other situations at or related to or from any other site, and make no representations concerning the content of sites listed in any of the Bill Payment Service web pages. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in sites listed in any search results or otherwise linked to the Platform. For example, if you “click” on a banner advertisement or a search result, your “click” may take you off the Platform. This may include links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding agreement. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers on the Platform may send cookies to users that we do not control. You may link to the home page of our Platform. However, you may not link to other pages of our Platform without our express written permission. You also may not "frame" material on our Platform without our express written permission. We reserve the right to disable links from any third-party sites to the Platform.
Release. You release us and our Affiliates and Third-Party Providers, and the employees and contractors of each of these, from any and all claims, demands, and damages (actual and consequential) of every kind and nature arising out of or in any way connected with any dispute that may arise between you or one or more other users of the Platform or applicable Service. In addition, if applicable to you, you waive California Civil Code §1542, which states that a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if not known by him must have materially affected his settlement with the debtor.
The following Bill Discovery terms and conditions in this Section (Bill Discovery) only apply to Bill Discovery (as defined below). If Bill Discovery is not available to you from our Platform, then this Section (Bill Discovery) does not apply.
The bill discovery feature (“Bill Discovery”) enables the automatic searching, identification, and retrieval of information about your Billers and bills based on matching information about your identity. In order to enable Bill Discovery, you will need to authorize the Bill Payment Service to access and use information from your consumer report from a credit bureau and/or our Biller network in order for Bill Discovery to identify potential matches. By providing your consent within the Bill Discovery portion of the Platform, you authorize the Bill Payment Service to access and use such information until you withdraw your consent. You may withdraw your consent within the Bill Discovery portion of the Platform at any time. If Bill Discovery has identified Biller matches, the Bill Payment Service will allow you to add these Billers to your user profile. New Billers added through Bill Discovery are subject to Section 18 (Bill Delivery and Presentment) of this Annex.
“ACH Network” means the funds transfer system, governed by the NACHA Rules that provide funds transfer services to participating financial institutions.
“Affiliates” means companies related by common ownership or control.
“Biller” means the person or entity to which you wish a bill payment to be directed or is the person or entity from which you receive electronic bills, as the case may be.
“Billing Account” means the checking account from which all Bill Payment Service fees will be automatically debited.
“Due Date” means the date reflected on your Biller statement for which the payment is due, not the late payment date or the date beginning or a date during any grace period.
“Eligible Transaction Account” means a transaction account from which your payments will be debited, your Bill Payment Service fees, if any, will be automatically debited, or to which payments and credits to you will be credited, that is eligible for the Bill Payment Service. Depending on the Bill Payment Service, an Eligible Transaction Account may include a checking, money market or other direct deposit account, credit card account, or debit card account, including any required routing information, except that it shall be limited to an account that you hold with us, and from which bill payments will be debited.
“Exception Payments” means payments to deposit accounts or brokerage accounts, payments to settle securities transactions (including, without limitation, stocks, bonds, securities, futures (forex), options, or an investment interest in any entity or property).
“Payment Instruction” means the information provided to the Bill Payment Service for a payment to be made to a Biller (such as, but not limited to, Biller name, Biller account number, and Scheduled Payment Date).
“Payment Network” means a debit or credit network (such as the ACH Network or ACCEL/Exchange payment network) through which funds may be transferred.
“Scheduled Payment” means a payment that has been scheduled through the Bill Payment Service but has not begun processing.
“Scheduled Payment Date” means the day you want your Biller to receive your bill payment, unless the Scheduled Payment Date falls on a non-Business Day, in which case it will be considered to be the previous Business Day.