Last updated on: May 2, 2018
Use and Acceptance
These Terms of Use are applicable to BNY Wealth Online (“Wealth Online”) and any tools, products or services offered and/or provided by BNY Mellon, N.A. and its affiliates (“BNY”) through Wealth Online (such tools, products and services, collectively “Ser- vices”) are offered to you conditioned upon your acceptance without modification of these Terms of Use. By using Wealth Online or any Services, you agree to these Terms of Use. Please read these Terms of Use carefully. If you do not agree to these Terms of Use, or do not have the legal right or authority to accept these Terms of Use, you may not use Wealth Online or any Services.
These Terms of Use are in addition to any other agreements between you and BNY, including any customer or account agreements and other agreements and disclosures that govern your use of Services available via Wealth Online. In addition, the Wealth Online may contain additional disclosures governing your usage of Wealth Online and Services.
Modification
We may revise these Terms of Use from time to time by posting a revised version on Wealth Online without notice to you. You should check these Terms of Use each time you use Wealth Online or Services for such revisions to ensure you agree to them. By using Wealth Online or Services or engaging in any of the activities described in these Terms of Use after changes have been made to these Terms of Use, you are agreeing to accept and comply with those changes.
Intellectual Property/Authorized Use
Wealth Online and Services contain copyrighted works, trademarks and other proprietary material owned by BNY or third party providers. BNY and our providers own all rights, title and interest in and to Wealth Online, all the content, data and materials thereon, the look and feel, design and organization of Wealth Online, and the compilation of the content, data, and materials on Wealth Online, including all intellectual property and proprietary rights therein.
You may use the material available from Wealth Online and Services for informational purposes only. You may print copies of pages from Wealth Online for your personal purposes, provided that each copy includes any copyright, trademark or service mark notice or attribution as they appear, on the pages copied. The availability of third party material on Wealth Online is not to be used as a substitute for a license or services agreement directly with the relevant third party provider. Except as stated above, you may not copy, reproduce, publish, post, transmit, display, store, sublicense, transfer or distribute material from Wealth Online or Ser- vices without BNY’s express written permission and that of our third party providers, as applicable (“Permission”).
You also may not:
Doing any of the acts listed above may constitute an infringement of BNY and/or a third party’s copyright and other intellectual property and/or may constitute an infringement of laws, rules or applicable regulations. Nothing contained on Wealth Online or Services should be construed as granting, by implication, estoppel or otherwise, any license or right in and to BNY’s trademarks or copyrighted material.
Termination
We reserve the right to prohibit access to anyone whom we determine is violating these Terms of Use, restricting or inhibiting any other user from using or enjoying Wealth Online or Services, or whose conduct we reasonably determine may constitute a criminal offense, give rise to civil liability, or otherwise violate applicable law. You agree that BNY shall not be liable to you or any third party for any termination of your access to or use of Wealth Online or Services.
Market Data
You understand and agree that: (1) The proprietary rights to all market data contained in this web site (e.g. last sales prices, bids offers, industry classification information, performance data and related information provided to You) (“Market Data”) belong to BNY or its third party data providers (“Data Disseminators”) (i.e., the various securities markets such as the NYSE, American Stock Exchange and NASDAQ and other entities that make, or assist in making, Market Data available to You): (2) neither BNY, its affili- ates nor any Data Disseminator guarantees the timeliness, sequence, accuracy or completeness of Market Data or other messag- es that the Data Disseminator may disseminate; (3) Neither BNY, any of its affiliates, nor any Data Disseminators shall have any liability to you or to any other person for any loss or damage arising from inaccuracies, errors, omissions, delays, interruptions or non-performance, whether due to any negligent act or omission of any Data Disseminator or BNY or any of its affiliates, any cause beyond their reasonable control, or otherwise; (4) neither BNY, its affiliates nor any Data Disseminator may be held liable for any discontinuance on the provision of Market Data nor for any change in the manner of distribution for any reason; (5) Market data is made available for Your own individual use and You are prohibited from furnishing it to any other person or entity; (6) BNY may ter- minate Your access to any or all Market Data, or any Data Disseminator may terminate your authorization to receive Market Data, at any time; (7) Data Disseminators are third party beneficiaries under this agreement and are entitled to enforce this agreement by legal proceeding or otherwise against You or any person that gains access to or uses Market Data other than as this agreement contemplates. You shall pay the reasonable attorney’s fees that any Data Disseminator may incur in so enforcing this agreement; and (8) nothing in this Agreement should be deemed as a solicitation or recommendation to buy or sell any securities or options.
Links to Other Web Sites
Wealth Online may provide links to other websites that we think might be of interest to our users (“Linked Sites”). Links to Linked Sites are provided only as a convenience to users of this Site. Please note that when you click on a Linked Site, you may be moving to another provider’s website. These Linked Sites and their providers are not controlled by BNY and BNY is not responsible for the contents or the operation of any Linked Site. The inclusion of any Linked Site does not imply endorsement of the Linked Site or its provider by BNY. We encourage you to read the terms of use and privacy statements of these Linked Sites as their policies may differ from ours.
Disclaimers
The information on Wealth Online is for information purposes only and is not intended as an offer or solicitation for the purchase of any security or any financial instrument or banking product. The information contained on Wealth Online and the Services are subject to change without notice. WE SPECIFICALLY DISCLAIM ANY AND ALL LIABILITY OR LOSS ARISING OUT OF ANY ACTION TAKEN IN RELIANCE ON THIS INFORMATION. Any Services fees, charges, interest rates, and balance requirements may differ among geographic locations. Not all Services are offered in all countries.
YOU UNDERSTAND AND AGREE THAT THIS SITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS. BNY AND ANY THIRD PARTY PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON- INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES REGARDING SECURITY, CURRENCY, CORRECTNESS, QUALITY, ACCURACY, COMPLETENESS, RE- LIABILITY, PERFORMANCE, TIMELINESS OR CONTINUED AVAILABILITY, WITH RESPECT TO (i) WEALTH ONLINE; (ii) ANY SERVICES AVAILABLE ON OR THROUGH WEALTH ONLINE ; AND (iii) YOUR USE OF WEALTH ONLINE OR SERVICES AND THE RESULTS OF SUCH USE. FURTHER, BNY AND ANY THIRD PARTY PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES WITH RESPECT TO ANY DELAYS OR ERRORS IN THE TRANSMISSION OR DELIVERY OF ANY SERVICES AVAILABLE THROUGH WEALTH ONLINE.
Any statements and opinions expressed on Wealth Online are as of the date of publication, are subject to change as economic and market conditions dictate, and are those of the author(s) and do not necessarily represent the views of BNY. Some content on this site may be provided by third party providers, which we consider to be reliable but have not independently verified. We do not guarantee that it is accurate or complete.
EXCEPT AS PROVIDED BY LAW, NEITHER BNY NOR ANY THIRD PARTY HAS ANY RESPONSIBILITY TO MAINTAIN THE INFORMATION OR SERVICES OFFERED ON WEALTH ONLINE OR TO SUPPLY CORRECTIONS OR UPDATES TO THE SAME.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG IMPLIED WARRANTIES LAST OR THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES; IN SUCH EVENT, SUCH DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
Limitation of Liability
BY ACCESSING WEALTH ONLINE OR RECEIVING SERVICES, YOU AGREE TO WAIVE ALL CLAIMS AGAINST US AND ALL THIRD PARTY PROVIDERS REGARDING WEALTH ONLINE, THE SERVICES AND YOUR USE THEREOF. YOU AGREE THAT UNDER NO CIR- CUMSTANCES SHALL WE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING WEALTH ONLINE OR ITS SERVICES BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, TRADING LOSSES, GOOD WILL, BUSINESS INTERRUPTION, SAVINGS OR DATA, EQUIPMENT OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM (1) THE RELIANCE ON, USE OF OR INABILITY TO USE WEALTH ONLINE OR ANY SERVICES; (2) THE CONSEQUENCES OF ANY DECISION MADE OR ACTION OR NON-ACTION TAKEN BY YOU OR BY ANYONE TO WHOM YOU COMMU- NICATE INFORMATION DERIVED FROM WEALTH ONLINE OR SERVICES, OR FOR ANY ERRORS BY YOU IN COMMUNICATING SUCH INFORMATION; (3) THE COST OF SUBSTITUTE SERVICES; (4) FORCE MAJEURE AND ANY SIMILAR EVENTS THAT ARE BEYOND OUR REASONABLE CONTROL; OR (5) ANY OTHER MATTER RELATING TO THE SERVICES OR DISTRIBUTION OF SERVICES THROUGH WEALTH ONLINE. WE SHALL NOT BE LIABLE FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY ARISING FROM ANY USE OF WEALTH ONLINE OR SERVICES. WE CANNOT AND WILL NOT ASSUME ANY LIABILITY FOR UNAUTHORIZED OR FRAUDULENT USE OF WEALTH ONLINE AND ANY SERVICES.
OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE OR CLAIM RELATED TO THESE TERMS OF USE, WEALTH ONLINE OR ANY SERVICES IS YOUR CESSATION OF THE USE OF WEALTH ONLINE AND ANY AND ALL SERVICES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Indemnification
You agree to indemnify, defend and hold harmless BNY and its third party providers, and each of its and their officers, directors, employees, and agents, from and against all claims, demands, liabilities, damages, losses or expenses, including reasonable attorneys’ fees, relating to any information you submit, post to or transmit through Wealth Online, your use of Wealth Online or Services, your connection to Wealth Online, your violation of these Terms of Use or any harm you cause another user of Wealth Online or Services.
Privacy and Security
BNY respects our customers’ privacy. For more information please read our Online Privacy Statement posted on Wealth Online. Additionally, Section 6 of this Agreement provides users of Wealth Online the BNY Consumer Privacy Notice as required by The Financial Modernization Act of 1999, also known as the Gramm-Leach-Bliley Act (“GLBA”). Subtitle A of Title V of GLBA, requires a financial institution to disclose to all of its customers the institution’s privacy policies and practices with respect to information sharing with both affiliates and non-affiliated third parties.
We utilize reasonable security technologies to protect sensitive information. However, the security of this information depends in part on the security of the computer you use to communicate with us, the security you use to protect User IDs and passwords, and the security provided by your internet access services provider. We are not responsible for the security of your internet access services provider; you should review the security and privacy policies of your internet access services provider carefully. Informa- tion that you access via this Site may be stored on your computer during your session for your convenience. If others have ac- cess to your computer or your User ID and password, passcode, or other security device or identifier, they may be able to access this information. In any area of Wealth Online requiring a password, you should log off Wealth Online when you are done viewing information or whenever you leave your computer. We are not responsible for the security or privacy of information communicated to or from such a computer. Finally, you should keep any correspondence you receive relating to this Site or the Services (includ- ing, but not limited to, your User ID, passwords, other registration information, emails, order information, or any other information) confidential and in a safe place.
Security Procedures/User Authentication
Security is important in sending and receiving information as part of Wealth Online. If a password, passcode, or other security de- vice or identifier is used in connection with Wealth Online, you are responsible for the safekeeping and security of that password, passcode, or identifier. If you think your password, passcode, security device or identifier has been compromised, notify us im- mediately. Do not disclose the password, passcode, security device or identifier to any unauthorized individual, or permit anyone to use your identity to access our systems. After completing your transactions sign off from Wealth Online.
We offer security system capabilities to protect the integrity of your account balance and transaction information. We currently offer such authentication methods as User IDs, password, and one-time passcodes. You agree that the security method that you use is commercially reasonable for the nature of your business and the value and volume of your business transactions.
You will be responsible for the confidentiality and use of the authentication IDs and processes. You agree to notify us immediately if you become aware of: (i) any loss or theft of your User ID or password or any authentication device; or (ii) any unauthorized use of your User ID and/or password, authentication device or any information accessible through Wealth Online.
We may cancel any user ID/password or authentication device if we have reason to suspect improper use. Prior to cancellation, we shall confer with you, unless in our reasonable discretion it would be impracticable or imprudent to do so.
The purpose of the security procedure is not to detect errors in the content of a Payment Order or debit entry transmitted by you. The fact that the security procedure might have had the unintended consequence of detecting a mistake does not impose a duty on us.
“Payment Order” means the term defined in Article 4A of the UCC and refers to those wire transfers and ACH Credit Entries meet- ing certain conditions. For purposes of this agreement, the term also includes funds transfers initiated directly by BNY or through a Correspondent Bank.
We may make recommendations to you regarding security with respect to the Wealth Online, however, you agree that we do not guarantee that any particular security procedure cannot be compromised, and we have no obligation to make any security recom- mendations or to further instruct you regarding security or the manner in which you use Wealth Online, however accessed.
Submissions
You must provide true, accurate, current and complete information about yourself when you elect to provide personal information to us. You also must maintain and promptly update any such information to keep it accurate. Other than information addressed under our Online Privacy Statement, any and all comments, suggestions, ideas, graphics, or other information that you transmit or post to Wealth Online becomes and will remain our property and may be used by us anywhere, anytime and for any reason what- soever. Except as may be provided in the Online Privacy Statement, any information or materials submitted to us will be treated as non-confidential and non-proprietary, and we will not have any obligation to use or evaluate any information we receive from you. We will not have to pay you or anyone else for using any ideas or other materials that you may transmit to or post on Wealth Online.
Entire Agreement/Severability
These Terms of Use contain your entire agreement with us regarding this Site and Services, and supersede all prior or contem- poraneous communications and proposals, whether electronic, oral or written between you and us with respect to Wealth Online or Services. In the event of a conflict between these Terms of Use and any customer agreement between you and us relating to Services, the applicable customer agreement shall prevail. If any provision of these Terms of Use is deemed illegal or unenforce- able, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions.
Jurisdiction/Choice of Law
Your access to and use of Wealth Online and Services, and these Terms of Use, are governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. You expressly and irrevocably agree that exclusive jurisdiction and venue for any claim or dispute with us, our employees, contractors, officers, directors, and content providers or relating in any way to your use of Wealth Online or Services resides in the state or federal courts in the borough of Manhattan, New York, New York and you further irrevocably agree and expressly and irrevocably consent to the exercise of per- sonal jurisdiction in those courts over any action brought under these Terms of Use. WE AND YOU HEREBY WAIVE THE RIGHT OF TRIAL BY JURY IN ANY ACTION ARISING OUT OF OR RELATED TO WEALTH ONLINE, SERVICES OR THESE TERMS OF USE.
Contact
If you have any questions relating to these Terms of Use, Wealth Online, the Services, or BNY Mellon, N.A. and its affiliates, please contact us.
Patent Notice
BNY is licensed under US Patents 5,940,510; 5,949,880; 6,105,013; and 6,237,095. Certain subsidiaries of BNY are licensed by Data Treasury Corporation under US Patents 5,910,988 and 6,032,137