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.
Aggregation Disclaimer
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.
Aggregation Tool Terms of Use
These Terms of Use ("Terms") govern your use of certain personal information retrieval and management services (hereafter, the "Service") made available to you by Janney Montgomery Scott LLC ("Janney") and supplement the general terms of use governing
for MyJanney.com
These Terms of Use were last updated as of June 26, 2020.
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 and Conditions" link located at the bottom of the screen
2. The Service
1. Description of the Service. The Service is an information retrieval and management service that allows users to consolidate and manage (i) their account information record kept at Janney ("Janney Account Information"), (ii) their account information
accessible via third party account providers' websites ("Account Information from Third Party Sites") and (iii) their other asset or liability information entered by the user (“User Provided Information”). An unaffiliated service provider,
provides Janney services to access users' data from such third party account providers' websites ("Third Party Sites"). With the Service, at your direction, Janney or the service provider obtains your Account Information from Third Party Sites and
makes it available to view along with your Janney Account Information and any User Provided Information on Janney websites and through a variety of web-based guidance tools that Janney may make available on its websites. The Service is provided as
a convenience and should not be considered a substitute or replacement for account statements or other documentation provided by Janney or third party account providers. Please consult your official account statements for information regarding your
account balances, positions and transactions.
2. Third Party Information, Content, Products and Services. Other than the Janney Account Information, all other account information available through the Service is provided by third parties (including you with respect to the User Provided Information).
Janney makes no effort to review the information provided by third parties or content or terms of use of any Third Party Sites, including, but not limited to, the accuracy, validity, legality, copyright compliance, or decency of the content contained
on these sites. Janney, including your Janney Financial Advisor, may, but is not obligated to, review the User Provided Information or the Account Information from Third Party Sites contained on its website(s). You acknowledge that Janney does
not pre-screen information from third parties or content, but that Janney and our designees will have the right (but not the obligation) in our or their sole discretion to refuse, edit, move or remove any content that may be available via the Service.
Janney is not responsible for, nor does it recommend, endorse or independently validate in any way, the information from third-parties or the information, products and services on or available through Third Party Sites or any issues you may have related
to your access to or use of Third Party Sites via the Service or otherwise. Reliance on any information contained on Third Party Sites that may be accessible to you through the Service is solely at your own risk. Your use of the Third Party Sites
is governed by the terms of use posted on such Third Party Sites, including the privacy policies of such sites, and may differ from those described on a Janney site, including, without limitation, MyJanney.com.
Janney offers account linking
and aggregation services ("Services") through Plaid Inc. ("Plaid"). By utilizing these Services, you acknowledge and agree that the terms of Plaid's Privacy Policy (currently located at https://plaid.com/legal/#end-user-privacy-policy)
will govern Plaid's use of such information, and you expressly agree to the terms and conditions of Plaid's Privacy Policy. Further, you expressly grant Plaid the right, power, and authority to access and transmit your information as reasonably necessary
for Plaid to provide the Services to you. To the extent you previously utilized account linking and aggregation services through Janney’s previous service provider, Quovo, Inc., you expressly authorize Quovo, Inc. to transmit any information
or data arising out of those services to Plaid so that Plaid can offer you its Services.
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. You acknowledge that you
must perform your own evaluation of any investment based on your investment objectives, financial resources and risk tolerance.
3. 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. For example, when displayed through the Service, Janney Account Information
and Account Information from Third Party Sites are only as fresh as the time shown, which reflects when the information is obtained from such sites. Such information may be more up-to-date when obtained directly from the relevant sites. You
agree that you are responsible for updating any User Provided Information.
4. Right to Change. Janney reserves the right to modify, change or cease providing access to the Service or any of the information, content or Third Party Sites that may be available through the Service at any time and without prior notice.
5. Privacy. Janney is committed to maintaining the privacy and security of its customers' personal information. Janney's commitment to privacy is reflected in Janney's Privacy Policy available at janney.com/privacy. You agree and acknowledge that
your use of the Services allows Janney and certain of its employees, including but not limited to, Financial Advisors, to view your Account Information from Third Party Sites and any User Provided Information. You agree that Janney may use and
maintain your data according to Janney’s Privacy Policy, as part of the Services.
6. Cancellation. You may cancel your enrollment in this Service at any time: (i) by deleting all of the User Provided Information and any accounts you had previously identified for inclusion in the Service; (ii) if you have established Janney customer
log-in credentials via MyJanney.com, by following the instructions for termination of the Service accessible to you via MyJanney.com, as appropriate; or (iii) by contacting Janney.
Janney may cancel your enrollment in the Service at any time without prior notice, for any reason.
3. Your use of the Service
1. 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. Neither Janney nor our service provider shall be under any duty to inquire as to the
authority or propriety of any instructions given to Janney or such service provider by you or via your access credentials and shall be entitled to act upon any such instructions, and neither Janney nor our service provider shall 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.
2. Provide Accurate Information. Accurate records enable Janney to provide the Service to you. You must provide true, accurate, current and complete information about yourself and your accounts maintained at Third Party Sites, as requested in our registration
and account setup forms, and you may not misrepresent your identity or your account information. In order for the Service to function effectively, you must also keep your registration and account information up to date and accurate.
3. Obey the Law. 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.
4. 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.
5. 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.
4. Rights you grant to us
1. Content You Provide. Subject to the privacy restrictions set forth in Section 2.E. above, you are licensing to Janney and our service provider any information, data, passwords, usernames, other log-in information, materials or other content (collectively,
"Content") you provide through the Service, and Janney and our service provider 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
our service provider, and that Janney and our service provider 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.
2. Account Information From Third Party Sites. By using the Service, you expressly authorize Janney and our service provider to access Third Party Sites, on your behalf as your agent, to retrieve account information requested by you. If the "Auto-Login"
feature of the Service is available to you, when using this feature, a new browser window will open and directly connect you to each Third Party Site you identify as the source of your account information. To support this feature, you expressly authorize
Janney and our service provider to submit information, including usernames and passwords that you provide, to log you into the Third Party Site. Any transactions or other activities at such sites are not made through the Service and neither Janney
nor our service provider assume any responsibility for such activities. You hereby authorize and permit Janney and our service provider to use information submitted by you to the Service (such as account passwords and user names) to accomplish the
foregoing and to configure the Service so that it is compatible with the Third Party Sites for which you submit your information. For all purposes hereof, you hereby grant Janney and our service provider a limited power of attorney, and you hereby
appoint Janney and our service provider 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 Third Party Sites, retrieve
information, and use your information, 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 such activities, as fully to all intents and purposes
as you might or could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN JANNEY OR OUR SERVICE PROVIDER ACCESSES AND RETRIEVES INFORMATION FROM THIRD PARTY SITES, JANNEY AND OUR SERVICE PROVIDER ARE ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR
ON BEHALF OF THE THIRD PARTY ACCOUNT PROVIDER. You agree that the third party account provider shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by you. You understand and agree that the Service is not
sponsored or endorsed by any third party account provider accessible through the Service.
5. Other important legal matters
1. 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 AND OUR SERVICE PROVIDER EXPRESSLY DISCLAIM 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 AND OUR SERVICE PROVIDER MAKE 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 OR OUR SERVICE PROVIDER 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
2. LIMITATION OF LIABILITY. YOU AGREE THAT NEITHER JANNEY, OR OUR SERVICE PROVIDER NOR ANY OF THEIR 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, INFORMATION, OR SERVICES PROVIDED ON
THIRD PARTY SITES, EVEN IF JANNEY, OR OUR SERVICE PROVIDER 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.
3. Indemnification. You agree to protect and fully compensate Janney, our service provider and their respective 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.
You agree that our service provider is a third party beneficiary of the above provisions, with all rights to enforce such provisions as if our service provider were a party to this agreement.
4. 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.
Document Vault Terms & Conditions
These Terms of Use ("Terms") govern your use of the document management services (hereafter, the "Service") made available to you by Janney Montgomery Scott LLC ("Janney") and supplement the general terms of use governing MyJanney.com.
These Terms of Use were last updated as of March 18, 2016.
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.
e) Privacy. Janney is committed to maintaining the privacy and security of its customers' personal information. Janney's commitment to privacy is reflected in Janney's Privacy Policy available at janney.com/privacy. You agree and acknowledge that
your use of the Services allows Janney and certain of its employees, including but not limited to, Financial Advisors, to view any User Provided Information. You agree that Janney may use and maintain your data according to Janney’s Privacy
Policy, as part of the Services.
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.
Text Messages Terms & Conditions
Receive text messages from your Janney Financial Advisor through your mobile device. To opt-in, text YES to your Janney Financial Advisor’s text message number. Message frequency varies. Standard message & data rates may apply to any SMS
or MMS you send or receive as part of this program.
By opting in to this service, you consent to receive mobile text messages from your Financial Advisor. Please be aware that all incoming and outgoing correspondence may be subject to regulatory review and record keeping requirements.
Janney Montgomery Scott LLC (Janney) will not accept orders and/or instructions for the purchase or sale of a security or other product via a text message transmission.
STOP Information
Text STOP to your Janney Financial Advisor’s text message number to stop receiving messages from your advisor (you will receive a confirmation text).
Privacy
We take your privacy seriously. Please review our privacy policy here.