Procedures for Opening a New Account
Internet Privacy Statement
Online Access Terms & Conditions
Document Vault Terms & Conditions
Procedures for Opening a New Account
To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verify and record information that identifies each person who opens an account.
What this means for you: When you open an account, we will ask for your name, address, date of birth and other information that will allow us to identify you. We may also ask to see your driver's license or other identifying documents.
Internet Privacy Statement
We understand that privacy is a concern for visitors to our website.
Janney provides information about our firm on our website. You can visit our site to read about our firm, its products and services, preview our research reports, use our branch office locator and other features. We provide this information without requesting any information about you.
In maintaining the Janney website, we gather information about our visitors. Janney routinely gathers data on website activity, such as how many people visit the site, pages they visit, how long they visit, etc. This information is obtained on an anonymous and aggregate basis and it helps us measure the use of the website's content. None of the information is associated to you as an individual. We use these statistics to monitor the performance of the website and to make improvements.
In certain cases, where users may want additional information from Janney, we will also collect information voluntarily provided to us by site visitors. This personal information includes name, address, telephone and fax numbers, email, as well as other demographic and customer information as needed. This information is collected when the visitor supplies information to us using one of our online request or contact forms. In addition, we may also request additional information that is collected through our voluntary online surveys. Janney Montgomery Scott LLC does not disclose personal information about our customers to anyone, except as requested or authorized by our customers and as required by law. Janney will use reasonable precautions to maintain the confidentiality of the information provided to us.
If you have any questions about this policy, you may contact us using our "Contact Us" feedback form.
Should you leave this site via a link contained herein, and view content that is not provided by Janney Montgomery Scott LLC, you do so at your own risk. The content to which you link will not have been developed, checked for accuracy, or otherwise reviewed by Janney Montgomery Scott LLC. The existence of such links should not be construed as an endorsement, approval or verification by Janney Montgomery Scott LLC of any content available on third party websites.
By providing access to other websites, Janney Montgomery Scott LLC is not recommending the purchase or sale of products or services provided by the sponsoring organization of any linked website. Janney Montgomery Scott LLC is not responsible for damages or losses caused by any delays, defects or omissions that may exist in the services, information or other content provided in such site, whether actual, alleged, consequential or punitive. Janney Montgomery Scott LLC makes no guarantees or representations as to, and shall have no liability for, any electronic content delivered by any third party, including, without limitation, the accuracy, subject matter, quality or timeliness of any electronic content.
The information contained on this website is proprietary and may not be used without the express written consent of Janney Montgomery Scott LLC.
Online Access Terms & Conditions
Janney Montgomery Scott LLC ("Janney") is pleased to provide you with Janney Online Services (the "Service"), an advanced technology for accessing and reviewing account information and other selected materials via the Internet at Janney's Web site (the "Site"). This Electronic Services Agreement (the "Agreement") provides the terms and conditions of the Service. This Agreement is in addition to all other agreements between you and Janney and is not intended to alter or modify any of the terms and conditions of those agreements. By signing this Agreement, you agree to its terms and conditions and acknowledge the receipt and sufficiency of good and valuable consideration for entering into the Agreement.
In the event that Janney modifies the terms of this Agreement, you will be notified of said changes in writing. Your use of the Service after you receive such a notification will indicate your agreement to the changes contained in the notification.
The Site is for informational purposes only. Neither the Service nor the Site is in any way to be construed as an offer to sell or a solicitation of an offer to buy any security that may be referenced on the Site. Offers can only be made where permitted under law. If you want to learn more about any information contained on the Site ("Site Information"), you are invited to contact your financial consultant.
1. The Service. The Service will provide you with access to Site Information. This includes information about your account, such as balances and activity. It may also include research reports, price quotations, charts, market pulse, indices and other market data. Any questions you may have regarding Site information must be directed to your financial consultant and not to any other data and/or information provider.
Janney does not provide any computer hardware or software programs for access to the Site. You need to have your own computer capability in order to access the Site, and you are solely responsible for the security aspects of your computer hardware and software. You should consult your own computer advisor for assistance in this regard. Janney requires that clients use Web browser programs that support the "Secure Socket Layer" communications standard or other programs which provide security to information sent or received.
2. No Investment Advice. The Service provides information about securities. However, you understand and agree that Janney is not providing you with investment advice through the Site. You understand and agree that Janney is making no representation about whether particular investments brought to your attention through the Service are suitable for you. You agree that the Service does not constitute a solicitation for the purchase or sale of any security. You understand and agree that if you want to seek investment advice from Janney, you will do so by consulting with your financial consultant.
3. Information Use by Permission Only. The Service, the Site, and the Site Information are the property of Janney or are licensed or otherwise used with permission. Copyright and other intellectual property laws protect them. You agree to use the Service, the Site, and the Site Information for your personal non-commercial use only. You may download information from the Site to your computer and print a hard copy for your personal reference, provided that you do not remove any copyright or other notices. Otherwise, you agree that you will not reproduce, retransmit, disseminate, sell, distribute, publish, broadcast, circulate, or otherwise commercially exploit the Service, the Site or the Site Information without the expressed written consent of Janney. You agree that you will not use the Service, the Site or the Site Information for any unlawful purpose.
4. Information Protection. Janney will take reasonable precautions to protect the confidentiality of all information related to you that can be accessed by the Service, and to prevent unauthorized access to that information. Janney will use technology such as computer "firewalls" and data encryption. Further, you will need to use a password and user identification in order to access the Site. You agree to notify Janney immediately if you become aware of any loss, theft, or unauthorized use of your password or access to the Service or believe the confidentiality of your password has been compromised in any way. You agree that Janney will not be responsible for any consequences that result from your decision to disclose your password or from a failure to safeguard your password.
You understand and agree that Janney cannot guarantee absolute protection of information that can be accessed by the Service. You understand and agree that there are inherent risks in the use of any software or information found on the Internet, including the risk of "computer viruses," and you agree that you will bear those risks and not seek to hold Janney liable for the consequences of such risks. Janney may provide links to other sites on the Internet, and you understand and agree that providing such links does not constitute an endorsement of the linked sites or their content by Janney. You also agree that you will use such links at your own risk.
You agree that Janney may use and disclose such information as is necessary to respond to lawful requests from government entities and self-regulatory organizations, to respond to subpoenas, or for any legitimate business purpose.
5. Information Reliability and Accuracy. Janney will make reasonable efforts to maintain accurate and current information on the Site. However, Janney cannot guarantee the accuracy or reliability of the Service or Site Information. In particular, you understand and agree that price quotations may be delayed or inaccurate. The price for a security contained on any part of the Site may differ from the current market price for that security or from the price contained in your online account information or other sections of the Site. Accordingly, you agree that your reliance on Site Information regarding security prices will be at your own risk. You understand and agree that research reports or other market commentary available from the Service reflects the author's analysis as of the publication date and that the accuracy, completeness, and timeliness of such information cannot be guaranteed and is subject to change. You understand and agree that Janney has no duty to update or correct Site information.
You understand and agree that the Service may be occasionally unavailable because of maintenance requirements and that Janney is not responsible for any consequence of Service unavailability in such an event. You agree that Janney is not responsible for any consequences of Service unavailability, delay, or inaccuracy due to technical problems, power loss, communication facilities failure, electronic or mechanical equipment failure, fire, storms, natural disasters, acts of God, failure of communications software or Internet service providers, securities market conditions, unauthorized access, theft, operator errors, strikes, other labor problems, or any other circumstances constituting force majeure.
You understand and agree that the Site Information is not the official record of your account and is subject to changes, errors, and omissions. Your printed confirmations and periodic account statements constitute your official account record. Site Information is not a substitute for other important information that Janney sends to you. In particular, you agree that you will not use Site Information for tax reporting purposes. Janney will provide official tax documentation regarding your account to you by mail.
The Service permits you to communicate electronically by sending a mail message to Janney. You agree not to use mail to transmit orders to purchase or sell a security, to transfer or disburse funds, to transmit any personal credit information (including credit card numbers), to give notice of a change of address, or to give Janney any instructions that are time-sensitive or require a signature. Janney shall not be liable for any actions taken or any omissions to act as a result of any mail message you send to Janney.
Even though Site Information is not Janney's official record of your account, you agree to notify Janney in writing within 15 days in the event that you believe that information about your account contained on the Site is inaccurate.
6. Payment. If you maintain an account with Janney you will receive the Service at no charge.
7. Term of the Agreement. This Agreement shall continue until terminated at will by either party. Janney reserves the right to terminate, limit, or change your access to the Service or any portion of it in its sole discretion, without notice and without limitation, for any reason whatsoever, including but not limited to the unauthorized use of your user name, password(s), and/or account number(s), breach of this Agreement, discontinuance of access to any information or data from any data provider, or termination of one or more agreements between Janney and the data providers. In the event of termination, limitation, or change of this Service for any reason, neither Janney nor its data providers shall have any liability to you.
8. Indemnification. You agree to indemnify and hold Janney harmless from and against any and all claims, losses, liability, costs, and expenses (including, but not limited to, attorneys' fees) arising from your violation of this Agreement or any third party's rights, including but not limited to copyright, proprietary, and privacy rights. You acknowledge that Janney has entered into certain agreements with its data providers in order to provide the Service and that in those agreements Janney has agreed to indemnify and hold harmless its data providers from and against certain claims. You agree that you will not assert claims against the data providers to the extent that Janney has agreed to indemnify and hold harmless the data providers from such claims. You agree that for such claims your sole remedy will be from Janney. You agree that this indemnification and hold harmless obligation will survive the termination of this Agreement, and will be binding on your executors, heirs, successors, and assigns.
9. No Warranty. Except as expressly set forth in this Agreement, Janney and its managers, officers, employees, affiliates, vendors, licensors, and agents expressly disclaim all express and Implied warranties, including without limitation, warranties of merchantability, fitness for a particular purpose, and error-free and uninterrupted service.
10. Limitation of Liability. Janney and its managers, officers, employees, affiliates, vendors, licensors, and agents shall not be liable for any loss or damage incurred by you related to your use or attempted use of the Site, Services, or Site Information, loss of data, or software restoration. Janney will not be liable for any special, incidental, consequential, indirect, or punitive damages, even if such damages were reasonably foreseeable.
11. Other Agreements Incorporated. All other agreements that you have entered into with Janney are hereby incorporated by reference as if those agreements were fully set forth in this Agreement.
12. Assignment. Janney may assign this Agreement or any of its rights or obligations under this Agreement to any affiliate or successor of Janney or to any other party. This Agreement is personal to you, and you may not assign this Agreement or your rights or obligations under this Agreement to any person or entity.
13. Miscellaneous. This Agreement represents the complete and exclusive statement of the agreement and understanding between you and Janney regarding your rights to access and use the Site, the Service, and the Site Information. Except as herein provided, no waiver, modification, or amendment of any provision of this Agreement shall be effective against Janney unless the same is in writing and signed by an authorized official of Janney. Janney may modify these terms and conditions including changes in fees at any time upon written notice or posting to the Site. Your continued use of the Service, the Site, or the Site Information following the posting or notice of any changes in terms of the Agreement will constitute your acceptance of such changes. You agree not to attempt to connect to the Site, use the Service, or to view any of the Site Information if you do not agree to the terms of this Agreement or any subsequent changes. At the time of such modification, you will have the opportunity to reject such modification, which rejection shall constitute a termination of this Agreement and of your rights to access and use the Site, the Service and Site Information. Should any term or provision of this Agreement be invalid or unenforceable, the remaining terms and provisions shall continue in full force and effect. Janney's failure to insist at any time upon strict compliance with any term of this Agreement, any delay or failure on Janney's part to exercise any power or right given to Janney in this Agreement, or a continued course of such conduct on Janney's part shall not act as a waiver of such power or right, and any single or partial exercise shall not preclude any other future exercise. All rights and remedies to Janney in this Agreement are cumulative and not exclusive of any other rights or remedies that Janney otherwise has at law or equity.
14. Governing Law. This Agreement shall be governed in all respects by the laws of the Commonwealth of Pennsylvania without regard to its choice of law rules.
15. Arbitration. You agree that all claims or controversies which may arise between you and Janney concerning any transaction, the use of the Service, the Site, or Site Information, or the construction, performance, or breach of this or any other agreement between us, whether entered into prior to, on, or subsequent to the date hereof, shall be determined by arbitration. The terms and conditions of such arbitration disclosure are set forth more fully in the Janney Account Agreement and are incorporated, by reference, herein.
16. Accounts to Be Accessed and Password. Janney will provide the Service to the account(s) that you enter and you understand and agree that the first account entered will be the Primary Account to be used in connection with this agreement. In addition, Janney will provide service to all accounts you link online. Janney will notify the account holder when an account is added to the system.
You agree to be bound by the terms and conditions of this Agreement. You acknowledge that:
a) you have received a copy of this Agreement;
b) the information that you have provided to Janney is true and correct;
c) you have read and understood the entire Agreement;
d) the Agreement is a binding contract
e) you authorize Janney to provide you access to your account information and
f) you are responsible for safeguarding the privacy of your username and password.
Janney uses the services of a third-party vendor for capturing aggregation information from various outside financial institutions. Janney and the third-party aggregation vendor cannot guarantee the accuracy or timeliness of the information retrieved where your accounts are held. If you choose to link accounts, you will be asked to select each financial institution from a list and enter your login credentials. These login credentials are securely held in an encrypted format by the aggregation service provider and Janney does not have the ability to make any changes to your accounts. By sharing your login information, you expressly authorize Janney through it's third-party agent to capture and archive your login credentials for the purpose of providing you aggregated data for display and use by both yourself and your financial advisor. By agreeing to terms for using aggregation services online, you acknowledge and agree that Janney is accessing and retrieving outside account information from the account providers' web sites or via files through our third-party aggregator who is operating as an agent for Janney, and not on behalf or as the agent of these financial institutions. You may be additionally asked to affirm online whether to share credit card or bank card information to your financial advisor. The full Janney End User License Agreement and Terms & Conditions of Use for MyJanney are always available through a link in the bottom frame of the web site or as a link on the mobile app.
Document Vault Terms & Conditions
1. Acceptance of terms
By using the Service, you acknowledge that you consent to receive this agreement in electronic form and that you have read and agree to be bound by these Terms. If you do not accept these Terms, you will not be entitled to use the Service. These Terms may be updated from time to time without prior notice to you. If you continue to use the Service thereafter, your continued use of the Service constitutes acceptance of the changes and an agreement to be bound by this agreement, as amended. If you do not agree to the changes, you agree to discontinue your use of the Service. You can review the most current version of these Terms at any time by selecting the "Terms & Conditions" link located at the bottom of the site.
2. The Service
a) Description of the Service. The Service is a document management service that allows users to store documents, data, information, materials and other content on Janney’s website using your user account (“User Provided Information”). The Service also allows you to communicate with and forward User Provided Information to your Janney Financial Advisor. Your Janney Financial Advisor will also be able to post documents and information to your MyJanney.com account.
b) Information/Documents posted to Site. Janney may, but is not obligated to, review the User Provided Information contained on its website(s). You acknowledge that Janney has the right (but not the obligation) in our sole discretion to refuse, edit, move or remove any content posted via the Service. You may add and delete files using the Service; however, Janney will retain a copy of the documents posted to the website as required by its internal policies and/or applicable law governing document retention. You should maintain the original document posted to the website. Janney is not responsible for maintaining the document on your behalf.
The information and content provided via the Service is for informational purposes only and should not be construed as an offer to sell, a solicitation to buy or a recommendation of any security or other investment by Janney.
c) Service Limitations. Janney will try to make your experience a productive one. However, Janney cannot always foresee or anticipate technical or other difficulties. These difficulties may result in loss of data, personalization settings or other service interruptions. Janney is not responsible for the timeliness, accuracy, deletion, mis-delivery or failure to store any user data, communications or personalization settings.
d) Right to Change. Janney reserves the right to modify, change or cease providing access to the Service or any of the information and content that may be available through the Service at any time without prior notice.
f) Cancellation. You may cancel your enrollment in this Service at any time: (i) by following the instructions for termination of [your MyJanney.com account] available to you via MyJanney.com, as appropriate; or (ii) by contacting Janney. Janney may cancel your enrollment in the Service at any time without prior notice, for any reason. You acknowledge and agree that Janney will maintain a copy of the documents posted to the website as required by its internal policies and/or applicable law governing document retention after cancellation of the Service.
3. Your use of the Service
a) Access Credentials. You are solely responsible for maintaining the confidentiality of any username, password or other access credential necessary to access the Service. Further, you are responsible for all activities that occur in connection with such access credentials, including use of the Service, all instructions electronically transmitted, or any data or information obtained using your access credentials. Janney shall not be under any duty to inquire as to the authority or propriety of any instructions given to Janney by you or via your access credentials and shall be entitled to act upon any such instructions, and Janney shall not be liable for any loss, cost, expense or other liability arising out of any such instructions. Accordingly, you should take steps to protect the confidentiality of your access credentials. As an authorized user of the Service, you accept full responsibility for the monitoring of your accounts. Notify Janney immediately if you become aware of any unauthorized activity, disclosure, loss, theft or other unauthorized use of your access credentials. You agree to cooperate with Janney in any investigation and agree to take corrective measures to protect your accounts from further fraudulent activity.
b) Obey the Law. You represent that you are in lawful possession of the User Provider Information. You may not use the Service for illegal purposes or for the transmission of material that is unlawful, harassing, libelous (untrue and damaging to others), invasive of another's privacy, abusive, threatening, or obscene, or that infringes the rights of others.
c) Restrictions on Commercial Use or Resale. Your right to use the Service is personal to you; therefore, you may not resell or make any commercial use of the Service.
d) Proprietary Rights. You acknowledge and agree that all trademarks and service marks displayed on the Service screens belong to Janney or an affiliate, except third party trademarks and service marks, which are the property of their respective owners. You are only permitted to use the content as displayed on this site as expressly authorized by the Service. You may not copy, reproduce, distribute, or create derivative works from this content. Further, you may not reverse engineer or reverse compile any of Janney's technology, including but not limited to, any Java applets associated with the Service.
e) No Trading Instructions. You shall not use the Service to transmit orders or instructions regarding your Janney account. For your protection, Janney does not accept and act on such instructions.
4. Rights you grant to us
Subject to the privacy restrictions set forth in Section 2.E. above, you are licensing to Janney any information, data, materials or other content (collectively, "Content") you provide through the Service, and Janney may use, modify, display, distribute and create new material using such Content. By submitting Content, you represent that you are entitled to submit it to Janney, and that Janney may use it in accordance with the privacy restrictions set forth in Section 2.E. above without the payment of any fees and without any time limitation.
5. Other important legal matters
a) DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. JANNEY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
JANNEY MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERRORFREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY THIRD PARTY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM JANNEY THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above limitations may not apply to you.
TO THE EXTENT THAT ANY PART OF THIS SECTION IS NOT CONSISTENT WITH ANY OTHER PART OF THESE TERMS, THEN THIS SECTION WILL CONTROL.
b) LIMITATION OF LIABILITY. YOU AGREE THAT NEITHER JANNEY NOR ANY OF ITS AFFILIATES WILL BE LIABLE FOR ANY HARMS, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR TRADING LOSSES, PERSONAL INJURY, WRONGFUL DEATH, LOSS OF WAGES OR LIVELIHOOD, LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, OR DAMAGES RELATED TO THE CONTENT AND INFORMATION, EVEN IF JANNEY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES; (iii) ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICE; (vi) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY SITE; OR (vii) ANY OTHER MATTER RELATING TO THE SERVICE.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
c) Indemnification. You agree to protect and fully compensate Janney and our affiliates from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorney fees) caused by or arising from your use of the Service, your violation of the Terms or wilful infringement by you or infringement by any other user of your Service access credentials, of any intellectual property or other rights of anyone.
d) Other. If any provision of these Terms is held to be unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. The laws of the Commonwealth of Pennsylvania govern the interpretation and performance of this agreement, except with respect to conflicts of laws or as otherwise required by applicable law.
© 2016 Janney Montgomery Scott LLC. All Rights Reserved.
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