Online Services User Agreement Revised April 2017

Transcription

1 Online Services User Agreement Revised April 2017

2 UBS Financial Services Inc. Online Services User Agreement Revised April Initial Acceptance of Terms By completing the registration process, you agree to the terms set forth in this Agreement. If you do not agree to all of these terms, you will not be entitled to use the online services at UBS. 2. Other Agreements The terms and conditions set forth in this Agreement concern use of UBS online services web site (the Site ) as well as certain Third Party Information you may receive or otherwise gain access to as a UBSFS client. This Agreement is in addition to (and does not replace or modify) any other agreements you may have with UBS, any affiliates of UBS, or any other agreements for services included as part of online services at UBS. As used in this Agreement, UBS refers to UBS Financial Services Inc. and its affiliates or any other entity controlled by or under common control with UBS AG. 3. Overview of online services at UBS UBS s online services web site (the Site ), includes several optional services, such as: a. electronic delivery of account information (account value, holdings, securities transactions, cash transactions and distributions received) and documents relating to your Accounts; b. online account alerts for message relating to your acocunts, holdings and research c. quotes, news, research and investment planning tools such as portfolio tracker, e-lerts and live webcasts; d. online bill payment, electronic funds transfers; e. UBS Visa Signature card program services, including the ability to (i) view real-time credit and debit card transaction authorizations, (ii) schedule one-time and recurring payments, and (iii) view and redeem rewards points; f. My Total Picture to retrieve and view information regarding non-ubs accounts; g. Account aggregation services to allow third party services to access your account information from OLS; h. OFX for downloads of account information to financial software such as Quicken and TurboTax; You may enroll in one or more of the optional services available as part of online services at UBS. You agree that separate agreements may govern the optional services and that if you enroll in an optional service you will agree to terms of the separate agreement for such service. NOTE: Certain products and services described herein may not be available to all clients or in all jurisdictions. 4. UBS Research You acknowledge that two sources of research prepared by UBS and its affiliates are available on the Site. Reports from the first source, UBS CIO Wealth Management Research, are designed primarily for use by individual investors and are produced by UBS Wealth Management Americas (the UBS business group that includes, among others, UBS Financial Services Inc.) and UBS Wealth Management. The second source is UBS Investment Research, and its reports are produced by UBS Investment Bank. The two sources may have different opinions and recommendations. 5. Changes to this Agreement You agree that UBS may change the terms of this Agreement at any time. Changes to this Agreement will be posted online and will be effective upon posting. Your continued use of the Site thereafter will constitute your acceptance of the changes and your agreement to be bound by this Agreement, as amended. If you do not agree to the changes, you must notify UBS in writing or by telephone of your refusal and discontinue your use of the Site. 6. Use of Your Information You agree that UBS may store the information you provide in the registration process and through your use of the Site. UBS may use the information as described in the Customer Privacy Notice posted on the Site or as provided to you. 7. Changes to online services at UBS UBS will not be required to notify you of any change in the Site s features or content. In addition, UBS may at any time, with or without notice, restrict or terminate your use and access to the Site. 8. Your Responsibilities You are responsible for all statements made and acts or omissions that occur while your user identification name (or User Name ) and password are being used. You are responsible for protecting and securing your User Name and password from unauthorized use and disclosure. If you become aware of, or believe there has been, any breach of security for any of your information stored on UBS s online services, such as the theft or unauthorized use of your User Name, password, or any other information, you will notify UBS immediately by telephone at or by at onlineservices@ubs.com. You certify to UBS that you have provided, and will continue to provide, the complete, accurate, and current information required of UBS s online services clients. This information includes, for example, your name, home address, address and telephone number. You agree to notify UBS within fifteen (15) days of any change in your information. If you do not comply with these requirements, UBS reserves the right to suspend and/or terminate your right to use the Site. 9. Use of Page 2 of 7

3 Because of the current limitations of Internet , you agree not to use to: a. Give UBS any instructions, requests or authorizations affecting your account(s) or any linked accounts, including, but not limited to, placing orders to purchase or sell securities, commodities, or other financial products, b. Communicate instructions for the transfer of funds, c. Transmit any personal information such as your Social Security number or account number or personal credit information (including credit card numbers), to give notice of a change of address, to give instructions to change or confirm your User Name and password, or to give UBS any time-sensitive instructions. All of these types of transactions require real time communication or more formal written authorization pursuant to applicable law or UBS policies. UBS will not accept and will not process any instructions or requests that conflict with these provisions. Neither UBS, its affiliates nor their respective officers, directors, employees, agents, nor providers will be responsible or liable for any actions taken or any omissions to act as a result of any message you send to UBS in conflict with these policies. As a convenience, UBS will allow you to send messages to your UBS financial advisor and to the service center for online services. All information, and other data or information that you input during your use of the Site will be recorded and retained and will be available for review by UBS managers, your UBS financial advisor, compliance personnel and, where applicable, federal or state regulatory examiners or agencies. 10. Indemnification by You You will indemnify and hold harmless UBS, its affiliates and their respective employees, officers, directors, agents, and Providers from any and all claims, losses, expenses and damages, including reasonable attorneys fees, imposed on, incurred or asserted as a result of or relating to, (a) any violation of this Agreement by you; and/or (b) your unauthorized receipt or use of information or services provided through the Site; and/or (c) any third-party actions related to your receipt and use of information or services available through the Site, whether authorized or unauthorized under this Agreement. 11. Third Party Software You may access and use online services at UBS through the Internet using publicly available third party web browsers and software from third parties not affiliated with UBS (collectively, Software ). You are responsible for the installation, maintenance and operation of Software and acknowledge that UBS is not responsible for your use of the Software, its performance, or to notify you of any upgrades, fixes or enhancements to Software. When you use Software, you agree to the license terms that may be provided with such Software. Until notified otherwise by UBS, you agree to use Software that supports the Secure Socket Layer (SSL) protocol. You acknowledge that Software you use to access or use online services at UBS may include encryption methods that are subject to the export control laws of the United States. By using or downloading the Software, you agree and warrant that neither the Software, nor any direct product of the Software, may be exported or re-exported outside the United States or to any foreign entity or foreign person (as defined by United States Government regulations), including anyone who is not a citizen, national, or lawful permanent resident of the United States. UBS is not responsible for any use of the Software by you in violation of (a) this section 10; (b) the export and customs laws and regulations of the United States relating thereto; and (c) any patent, trademark, copyright, trade secret or other property rights of any third party. You may use third party financial software (including web sites), such as Quicken or TurboTax, to download and view Account information by requesting UBS to activate your Online Services user name and password to receive Financial Software Downloads (OFX). UBS is not responsible for the operation of any third party financial software. UBS makes Account information available for download or use with financial software as a convenience to you, and you assume all risk associated with such download use of financial software to access your Account information. The Financial Software Download is not a substitute for your periodic account statements, confirmations and tax reports, which are the only official records of your account. UBS makes no representations or warranties with respect to the accuracy, completeness or timeliness of the Financial Software Download and UBS disclaims all liability arising from your use of the Financial Software Download. 12. Copyright and Limitations on Your Use of Information The information available on the Site, including, but not limited to text, images, illustrations, audio clips and video clips (if any) is protected by copyrights, trademarks, services marks, and/or other property rights under the laws of various states, the United States, and foreign jurisdictions, and is owned and controlled by UBS, its affiliates, agents and/or their respective Providers. You may use and print a copy of the information contained herein for your personal, non-commercial use only. You may not copy, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate (including by or other electronic means) the information available on the Site for any commercial purpose or use, Page 3 of 7

4 without the prior express written consent of UBS, its affiliates, and/or their respective agents or Providers (as applicable). Transmission or use of any information in violation of this Agreement, or any applicable law, rule or regulation (whether of any state, the United States, or other countries), or the rights of any third party is prohibited. This includes, but is not limited to, copyrighted information, information which is defamatory, threatening, obscene, lewd and indecent, information protected by trademark, trade secret, or patent laws, or information that results in an invasion of privacy. You may not use on another web site any trademarks, service marks or copyrighted materials appearing on the Site, including but not limited to any logos or characters, without the express written consent of the owner of the mark or copyright. You may not frame or otherwise incorporate into another web site any of the information on the Site without the prior written consent of UBS. You agree to access the information on the Site manually after logging onto the Site and not programmatically by macro or other automated means. 13. Your Acknowledgement You acknowledge that the Site is for informational purposes only and does not constitute an offer to sell or a solicitation of an offer to buy any security, which may be referenced in the Site. Such offers can only be made where lawful under applicable law. UBS does not give tax or investment advice, Online services may include facts, opinions and recommendations of individuals and organizations deemed of interest. Neither UBS, its affiliates nor their Providers guarantee the accuracy, completeness or timeliness of, or otherwise endorse these views, opinions or recommendations. Your transaction confirmations and periodic UBS statements are the only official records of your UBS account and can be viewed through the Site and received via UBS s electronic delivery services. You agree that any other information available through UBS s online services is not the official record of your UBS account and is subject to changes, errors and omissions. Also, UBS s online services account information is not a substitute for other important information sent to you by UBS and cannot be used for tax reporting purposes. You will receive tax-reporting information regarding your account by mail or via electronic delivery at your election. 14. Links to and from Other Sites In the event you use UBS s online services or the links included on the Site to gain access to another Internet site or information on any company, organization or person other than UBS, you acknowledge that such other sites are not under the control of UBS. You agree that UBS shall not be responsible for any information or other links found at any such sites, or for your use of such information. UBS provides such links only as a convenience to you, and has not tested any software or verified any information found at such sites. The fact that UBS has provided a link to another site does not signify UBS s endorsement of the site, its contents or any participants in the site. There are inherent risks in the use of any software or information found on the Internet, and you acknowledge that you understand these risks before making any use of UBS s online services. You understand that third parties not affiliated with UBS may link to the Site. You agree that this link does not imply UBS s endorsement or sponsorship of such third parties or the contents of the third party sites. 15. Termination Your use of UBS online services will continue until terminated by UBS or until you notify UBS by telephone or by regular mail of your decision to terminate the services. UBS may, in its sole and absolute discretion, and without notice to you, discontinue or change the online services or suspend your access to all or any part of the services for any reason. In the event of a termination by UBS, its affiliates and their respective directors, officers, employees, agents, and Providers shall have no liability to you. 16. Fees and Payments to Third Parties You are responsible for any charges incurred to access the UBS online services through an Internet access provider or other third party service. You agree to pay all charges billed to you by third parties in connection with your access to online services at UBS. UBS shall not be liable for any amounts billed to you by a third party, whether or not these amounts were authorized by you. 17. Your Consent In connection with your use of online services at UBS, you acknowledge and consent to the taping or any form of electronic recording of any communication, electronic or otherwise, between you and UBS or its representatives or agents. You acknowledge and consent to the recording, retention and use by UBS (and its employees, representatives and agents) of all information and data that you input during your use of online services at UBS, including and without limitation, all selections and uses of calculators and other tools on the Site. 18. Your Representations and Warranties You hereby represent and warrant that you are 18 years of age or older. 19. Disclaimer of Warranty There may be delays, omissions or inaccuracies in UBS s online services, and the information and services available through the Sites. You understand and agree that your use of the service is at your sole risk. You acknowledge that you will exercise independent judgment when evaluating all investment decisions that you make. Neither UBS, its affiliates, nor any of their respective directors, officers, employees, agents, or providers represent or warrant that online services at UBS will be Page 4 of 7

5 uninterrupted or error free. Nor do any of them make any representation or warranty as to the result that may be obtained from the use of online services at UBS or as to the timeliness, sequence, accuracy, completeness, reliability or content of any information, service or transaction provided for use in accessing or using all or a portion of online services at UBS. The service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, those of information access, merchantability and fitness for a particular purpose. 20. Limitation of Liability Neither UBS, its affiliates, nor any of their respective directors, officers, employees, agents, or providers shall be liable to you or anyone else for a. Any loss or injury caused in whole or part for any reason, including by its (or their) negligence or contingencies beyond its (or their) control, in providing, procuring, compiling, interpreting, reporting or delivering UBS s online services and information and other services available through UBS s online services; and/or b. Any decision made or action taken by you in reliance on any aspect of UBS s online services including, without limitation, information and other services available through the site; and/or c. Any consequential, special, incidental, direct, indirect, or similar damages (including, but not limited to, lost profits or trading losses) even if advised of the possibility of such damages. 21. Use of Third Party Information, including disclaimer of warranty, limitation on liability, and rights to Third Party Information. Third Party Information (TPI) includes publications, research reports, credit reports and other similar information created by parties other than UBS (hereinafter Licensors ) which is made available or provided to you by UBS. All TPI made available or provided to you by UBS is for your exclusive use. No TPI may be copied or otherwise reproduced, repackaged, further transmitted, transferred, disseminated, distributed, redistributed, sold, resold, lease, rented, licensed, sublicensed, altered, modified, adapted or stored for subsequent use for any such purpose, in whole or in part, in any form or any manner whatsoever, by you or any other person or entity, without the respective Licensor s prior written consent. You agree and acknowledge that all TPI is and shall remain the valuable intellectual property owned by, or licensed to, the respective Licensor and that no proprietary rights are being transferred to you in such materials or in any of the information contained therein. You agree that misappropriation or misuse of such materials shall cause serious damage to the respective Licensor, and that in such event money damages may not constitute sufficient compensation to the Licensor; consequently, you agree that in the event of any misappropriation or misuse, the Licensor shall have the right to obtain injunctive relief in addition to any other legal or financial remedies to which the Licensor may be entitled. All TPI has been obtained by UBS from sources believed to be accurate and reliable. Because of the possibility of human and mechanical error as well as other factors, however, all TPI is provided AS IS without warranty of any kind, and UBS (and the Licensors), in particular, make no representation or warranty, express or implied, to you or any other person or entity as to the accuracy, timeliness, completeness, merchantability, or fitness for any particular purpose of any such TPI. Under no circumstances shall UBS (or the Licensors) have any liability to you or any other person or entity for (a) any loss, damage or other injury in whole or in part caused by, resulting from or relating to, any error (negligent or otherwise), or any other circumstances or contingency within or outside the control of UBS or any of its directors, officers, employees or agents, or Licensors, in connection with the procurement, collection, compilation, analysis, interpretation, communication, publication or delivery of any TPI or (b) any indirect, special, consequential, incidental or compensatory damages whatsoever (including, without limitation, lost profits), even if UBS (or the Licensors) shall have been advised in advance of the possibility of such damages, in either case caused by, resulting from or relating to the use or inability to use, any TPI. You agree that (i) any ratings and other opinions, and valuations, quotes, statistical, quantitative or other information contained in TPI are, and will be construed solely as, statements of opinion and not statements of fact or recommendations to purchase, hold or sell any securities; and (ii) the TPI will be weighed solely as one factor in any investment decision made by you. 22. Interested Party Access a. You may request UBS to provide third parties with limited access to UBS Online Services to view information about one of more of your UBS Accounts ( Interested Parties ). You understand that your authorized Interested Parties will have access to your personal financial information and you are solely responsible for any use or abuse by the Interested Party of UBS Online Services and the information they have access to. The Interested Parties who have access to your Accounts will be listed on your periodic account statements and will be confirmed by mail or at an address we have on file for you. Interested Parties are not intended third party beneficiaries of this agreement have no rights under this Agreement and are not entitled to rely on any information that appears in UBS s Online Services. UBS will terminate an Interested Party s access to Online Services within a reasonable time after receiving your instructions and may terminate any Interested Parties access at any time if it reasonably believes it is necessary or Page 5 of 7

6 appropriate for the benefit or protection of you, UBS or other UBS clients. b. If you are accepting this Agreement as an Interested Party user, you agree to all provisions of this agreement. Interested Parties have view-only access and cannot effect any transactions, make any changes to the Accounts or alter how the accounts are displayed. Page 6 of 7

7 23. No Assignment This Agreement is personal to you, and you may not assign your rights or obligations to anyone. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. 24. Governing Law This Agreement, your rights and obligations, and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and New York State, as if the Agreement was a contract wholly entered into and wholly performed within New York State, without regard to conflict of laws principles. 25. Survival Sections 10, 11, 12, 13, 20, 21, 22, 24, 25 and 26 shall survive termination of this Agreement. 26. Third Party Rights under this Agreement Certain sections of this Agreement are for the benefit of UBS and its affiliates and their respective officers, directors, employees, agents, Licensors and Providers. You understand that each of these entities and individuals shall have the right to enforce those sections directly against you on its own behalf. 27. Headings The headings contained in this Agreement are for reference and convenience only and shall not be considered in the interpretation of this Agreement. You have read and understand this user agreement and agree to be bound by its terms. UBS The key symbol and UBS are among the registered and unregistered trademarks of UBS. All rights reserved. UBS Financial Services Inc. is a subsidiary of UBS AG. Member FINRA/SIPC. UBS Financial Services Inc. ubs.com/fs