Procedures for Opening a New Account Internet Privacy Statement Hyperlink Disclaimer Online Access Terms & Conditions
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.
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