Client User Agreement
Our unique service (the “Service”) enables you to bring together, in one convenient location, as many of your accounts and financial relationships as you wish. Please take a few minutes to read this User Agreement (referred to throughout as the “Agreement”). Your financial advisor has licensed the Service from Aqumulate LLC and is making the Service available to you. This Agreement is between you and your financial advisor (the “Advisor”).
Any reference to Advisor in this Agreement includes any directors, officers, employees, contractors, agents, service providers or licensees of the Advisor. As used in this document, the words “you” and “your” refer to the undersigned's use of the Service; the words “I” “me” “we” “us” “our” and any other variation thereof, refer to your Advisor. When you're ready, click the “I Accept” button to start enjoying the convenience of the Service.
Acceptance of Terms
When you click on the "Register Now" button, you agree to accept the terms and conditions (the " Terms ") of this Agreement, including any amendments to the Agreement or changes in the Terms. If you do not agree to all of the Terms, do not click on the “Register Now” button. If you do not accept and agree to all of the Terms, you will not be entitled to use the web site, Content, software and Services. Advisor reserves the right to change the Terms under which the Services are offered in its sole discretion at any time; however, Advisor will notify you of any material changes to the Terms. In most cases, you will receive notice on-line the next time you log in; however, Advisor reserves the right to notify you by e-mail or conventional mail, at its discretion. You agree that if you continue to use the Services after Advisor notifies you of any change, you thereby accept the changes to the Terms and agree to be bound by this Agreement, as amended. If you do not accept and agree to the changes to the Terms, you will not be entitled to use the Service. You can review and print the most current version of this Agreement at any time by clicking the “Terms” link. If you do not agree to the changes, or if at any time you wish to discontinue your use of the Services, you can cancel your use of the service by contacting the Advisor or by sending an email requesting cancellation to email@example.com. Alternatively, if you prefer, you can unsubscribe by sending a registered or certified letter to the Advisor. Once your account with Advisor has terminated for any reason, you will have no further right or access to use the Service. To use the Service you must be at least eighteen (18) years old and have an e-mail address.
Privacy and Security Policy
Advisor regards your privacy and security with the utmost importance, and is absolutely committed to safeguarding any information that you share with Advisor. In order to provide the Service, Advisor must obtain from you certain personal information regarding your accounts and financial relationships. Advisor shall collect only such information as you knowingly provide to Advisor or specifically authorize Advisor to obtain on your behalf. Our priority is to keep this information secure and to use it only as you authorize Advisor. Advisor will request personal financial information from you only at the time you register. This information is necessary to create your user profile, which allows you to access the Service. You may access, review and update your personal and account information at any time by navigating to the Settings and Profile pages.
In order to enable Advisor to provide the Service, Advisor will ask you to provide information needed to access your Third Party Accounts. Advisor will use this information only on your behalf and to carry out your instructions.
Third Party Accounts
You understand and agree that, in order to provide the Service, it is necessary for the Advisor to access third party Web sites and data bases containing information regarding your accounts and financial relationships as designated by you ( "Third Party Accounts" ), on your behalf, to retrieve information as requested or authorized by you. By using the Service, you agree to authorize the Advisor to access such Third Party Accounts to retrieve such Content as requested or authorized by you, or for any other purpose authorized by this Agreement. You warrant and represent that the information you are providing Advisor with is true, correct and complete. You represent and warrant to Advisor that you have the right to authorize and permit us access to your Third Party Accounts, you assure us that by disclosing the information to us and by authorizing us to use such information to access your Third Party Accounts, you are not violating any third party rights. You hereby authorize and permit the Advisor to use Content and other information submitted by you to the Advisor (such as account passwords and user names) to accomplish these purposes and to configure the Service to be compatible with the Third Party Accounts.
For as long as you are using the Service, you give to the Advisor a limited power of attorney and appoint Advisor as your true and lawful attorney-in-fact and agent, with full power of substitution and resubstitution, for you and in your name, place and stead, in any and all capacities, to access the Third Party Accounts, retrieve Content, and use your Content, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with the Service, as fully to all intents and purposes as you might or could do in person. Once Advisor has actual knowledge that you wish to cease using the Service as provided in this Agreement or as otherwise permitted in this Agreement and has a reasonable opportunity to act on such knowledge, this limited power of attorney is automatically revoked; provided, however, that any act done by Advisor in good faith before it has actual knowledge of termination by you shall be deemed to be authorized by you. To notify Advisor that you wish to discontinue using the Service, you may send us an e-mail as provided in this Agreement.
You understand and agree that at all times your relationship with each Third Party Account provider is independent of Advisor and your use of the Service. Advisor will not be responsible for any acts or omissions by the financial institution or other provider of any Third Party Account, including without limitation any modification, interruption or discontinuance of any Third Party Account by such provider.
YOU ACKNOWLEDGE AND AGREE THAT WHEN ADVISOR IS ACCESSING AND RETRIEVING INFORMATION FROM THE THIRD PARTY ACCOUNTS, ADVISOR IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY. YOU AGREE THAT ADVISOR, ITS AFFILIATES AND PARTNERS SHALL BE ENTITLED TO RELY UPON THE FOREGOING AUTHORIZATION, AGENCY AND POWER OF ATTORNEY GRANTED BY YOU.
YOU AGREE THAT ADVISOR SHALL NOT BE LIABLE FOR ANY COSTS, FEES, LOSSES OR DAMAGES OF ANY KIND INCURRED AS A RESULT OF (1) ADVISOR'S ACCESS TO THE THIRD PARTY ACCOUNTS; (2) ADVISOR'S RETRIEVAL OF OR INABILITY TO RETRIEVE INFORMATION FROM THE THIRD PARTY ACCOUNTS; (3) ANY INACCURACY, INCOMPLETENESS OR MISINFORMATION CONTAINED IN CONTENT RETRIEVED FROM THE THIRD PARTY ACCOUNTS AND (4) ANY CHARGES IMPOSED BY THE PROVIDER OF ANY THIRD PARTY ACCOUNT.
Securities Quotations and Foreign Exchange Rates
In order to update the value of your assets as shown to you, we will access your Third-Party Account. ADVISOR MAKES NO REPRESENTATIONS, WARRANTIES OR OTHER GUARANTEES AS TO THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY PRICE QUOTES, NOR DOES ADVISOR MAKE ANY REPRESENTATIONS, WARRANTIES OR OTHER GUARANTEES AS TO THE PRESENT OR FUTURE VALUE OR SUITABILITY OF ANY SALE, TRADE OR OTHER TRANSACTION INVOLVING ANY PARTICULAR SECURITY OR ANY OTHER INVESTMENT.
The Foreign Exchange rates used in currency calculations are currently provided by xe.com. The Foreign Exchange rates are not real time. Neither Advisor nor xe.com is responsible for the accuracy of the rates provided or for any actions taken in reliance thereon.
The alerts service enables you to receive a notice via email or other devices concerning available information in your Third Party Accounts. You can set alerts for each of your Third Party Accounts registered on the Service. You are responsible for determining the criteria that governs the alert and the Service will send an alert to you based upon the instructions you provide to us. Your instructions are neither reviewed nor verified by Advisor prior to or following activation of any alert. At any point, you can enable or disable an alert, or delete the alert altogether.
You understand and accept that an alert is transmitted electronically and you acknowledge that you have no expectation of privacy with respect to such information. You acknowledge that the information in the alert is unencrypted and can be accessed, used, or misappropriated by unintended third-party recipients. Advisor is not responsible for any unauthorized use or misappropriation of any and all information transmitted through the alert. Advisor does not guarantee the delivery or the accuracy of the contents of each alert. You acknowledge and agree that delivery of an alert may be delayed or prevented by factor(s) outside our control and we shall not be liable for any losses or missed opportunities incurred by you due to the delayed, non-delivery or misdirected delivery of an alert .
Advisor provides this service as a convenience to you for information purposes only. Advisor reserves the right to terminate its alert service or begin charging a fee for such service at any time without prior notice to you. Advisor shall not be liable for any direct, indirect, special, incidental, or consequential damages caused by (a) non-delivery, delayed delivery, or the misdirected delivery of an alert; (b) inaccurate or incomplete information in an alert; or (c) your reliance on or use of the information provided in an alert for any purpose.
To enable you, to access the Service, you will be asked to choose a Password when you register with us. You will then create an account and will be given a customer number. You are responsible for maintaining the confidentiality of your customer number and Password. You are responsible for all uses of your account, whether or not actually or expressly authorized by you. Therefore, it is important that you DO NOT SHARE YOUR ACCOUNT NUMBER OR PASSWORD WITH ANYONE FOR ANY REASON. Advisor will not know or will need to know your Password.
The Service is an electronic, Internet based-service. Therefore, you understand and agree that this Agreement will be entered into electronically, and that the following categories of information (" Communications ") may be provided by electronic means:
- This Agreement and any amendments, modifications or supplements to it.
- Any initial, periodic or other disclosures or notices provided in connection with the Service, including without limitation those required by federal or state law.
- Any customer service communications, including without limitation communications with respect to claims of error or unauthorized use of the Service.
- Any other communication related to the Service.
Although Advisor reserves the right to provide Communications in paper format at any time, you agree that we are under no obligation to do so. All Communications in either electronic or paper format will be considered to be "in writing." You should print a paper copy of this Agreement and any electronic Communication that is important to you and retain the copy for your records. If you do not wish to receive this Agreement or the Communications electronically, you may not use the Service.
You agree to promptly update your registration records if your e-mail address or other information changes. You may update your records, such as your e-mail address, by using the Personal Profile page.
Communications may be posted on the pages of the Service website and/or delivered to the e-mail address you provide. All electronic Communications sent by e-mail will be deemed to have been received by you when Advisor sends it to you, whether or not you received the e-mail. If the Communications is posted on the Service, then it will be deemed to have been received by you no later than five (5) business days after Advisor posts the Communication on the pages of the Service, whether or not you retrieved the Communication. An electronic Communication by e-mail is considered to be sent at the time that it is directed by Advisor's e-mail server to the appropriate e-mail address. An electronic Communication by posting to the pages of the Service is considered to be sent at the time it is publicly available. You agree that these are reasonable procedures for sending and receiving electronic Communications.
Hardware and Software Requirements
In order to access and retain Communications, you must have:
- An Internet browser that supports 128-bit encryption.
- An e-mail account and e-mail software capable of reading and responding to your e-mail.
- A personal computer, operating system and telecommunications connections to the Internet capable of supporting the foregoing.
You acknowledge and agree that Advisor owns all rights in and to the Service. You are permitted to use the Service only as expressly authorized by this Agreement. You may not copy, reproduce, distribute, or create derivative works, reverse engineer or reverse compile the Service or technology.
No Unlawful or Prohibited Use
As a condition of using the Service, you warrant to Advisor that you will not use the Service for any purpose that is unlawful or is not permitted, expressly or implicitly, by the terms of this Agreement or by any applicable law or regulation. You further warrant and represent that you will not use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party's use and enjoyment of the Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service. You agree that these warranties and representations will remain in full force and effect even if this Agreement terminates for any reason.
Service Changes and Discontinuation
Advisor or Aqumulate may modify or discontinue the Service or your account with Advisor with or without notice, without liability to you, any other user or any third party. Advisor reserves the right to terminate your account at any time and for any reason, including without limitation if Advisor, in its sole judgment, believes you have engaged in conduct or activities that violate any of the Terms or the rights of the Service, or if you provide Advisor with false or misleading registration information or interfere with other users or the administration of the Service.
You may terminate your account with Advisor at any time by using the online feature to unsubscribe. Alternatively, if you prefer, you can unsubscribe by sending a registered or certified letter to Advisor.
Once your account with Advisor has terminated for any reason, you will have no further right or access to use the Service, and Advisor will not access your Third Party Accounts thereafter for any reason.
Links To Third Party Sites
The Service may contain links to other Web sites (“Linked Sites”). Such links are provided solely as a convenience for you. While Advisor will attempt to select and provide links to Linked Sites that it believes may be of interest to its customers, Advisor does not screen, approve, review or otherwise endorse any content or information contained in any Linked Sites. You acknowledge and agree that Advisor, its affiliates and partners are not responsible for the contents of any Linked Sites, including the accuracy or availability of information provided by Linked Sites, and makes no representations or warranties regarding the Linked Sites or your use of them.
Limitation of Warranty and Liability
YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED "AS-IS." ADVISOR ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
EXCEPT AS EXPRESSLY SET FORTH ON THE SERVICE, ADVISOR DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND IT MAKES NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE, THE ACCURACY OF ANY INFORMATION RETRIEVED BY ADVISOR FROM THE THIRD PARTY ACCOUNTS OR THAT THE SERVICE WILL MEET ANY USER'S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.
ADVISOR WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SERVICE, ANY INACCURACY OF ANY INFORMATION RETRIEVED BY ADVISOR FROM THE THIRD PARTY ACCOUNTS, ANY BREACH OF SECURITY CAUSED BY A THIRD PARTY, ANY TRANSACTIONS ENTERED INTO BASED ON THE SERVICES, ANY LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF A USER'S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF ADVISOR HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify, defend and hold harmless Aqumulate, Advisor, its affiliates, partners, officers, directors, employees, service providers, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from your use of the Service, Advisor's reliance on the information, instruction, license and/or authorization provided by you under or pursuant to this Agreement, your violation of the Terms or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity.
You represent and warrant that you are who you claim to be; that you are the rightful owner of all Content and the Third Party Accounts linked to the Service; and that you may rightfully authorize Advisor to access the Third Party Accounts. You understand that Aqumulate or Advisor is not responsible or liable if your financial institution's or any other provider of Third Party Accounts system “goes down” or if they have any system failures and we are unable to retrieve information on your behalf.
You agree that our rights and remedies arising out of any breach of your representations and warranties in this Agreement, the limitations on our liability and our rights to indemnification under this Agreement are continuing and shall survive the termination of this Agreement, notwithstanding the lack of any specific reference to such survivability in these provisions. Advisor's failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of Advisor's right to subsequently enforce such provision or any other provisions of this Agreement.
The most current version of this Agreement as it appears on the Service, including any amendments that we may make from time to time, constitutes the entire agreement between us, and supersedes and replaces all other agreements or understandings, whether written or oral, regarding the Service. This Agreement may be amended at any time without prior notice. This Agreement is personal to you and you may not assign it to anyone.
If either of us has any dispute or disagreement with the other regarding this Agreement that we cannot resolve amicably, both parties agree that the sole and exclusive remedy shall be binding arbitration in accordance with the then-current rules and procedures of the American Arbitration Association.
This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect.
This Agreement shall take effect immediately upon acceptance of your completed registration by Advisor.