Fiserv AllData Advisor Service - Terms and Conditions of Use
Ameriprise Financial Services, LLC ("Ameriprise Financial") and its affiliated companies ("Firm," "we," "us," "our") through ameriprise.com, the Ameriprise Financial app, or such other Internet locations as we may designate from time to time (the "Site(s)") shall arrange for you to have electronic access to the Fiserv AllData Advisor service, an information management service, ("Service") through a service agreement with Fiserv, Inc. the service provider ("Fiserv" or "Service Provider"). Before you can use the Service, you need to review and accept these terms and conditions that govern your use of the Service ("Terms," "Terms and Conditions," "Agreement").
1. What the Terms and Conditions of this Agreement Cover
A. The Service
These Terms are an agreement between you, the person who registers for the Service ("you," "your") and us. The Terms govern your use of the Service, an information management service brought to you by us through the Site under a service agreement with Service Provider. This Agreement sets forth the terms and conditions for your use of the Service. The Service allows you to bring together and view information stored at various websites or other Internet locations on the Site. The information may include your consolidated account(s) available through the Site and other information under your ownership or control (collectively "Third-Party Account Information") stored on or available through third-party websites ("Third-Party Sites"). Our businesses and our Service Providers are independent businesses. Through the Service, at your request our Service Provider obtains your Third-Party Account Information from Third-Party Sites and your consolidated account information on the Site. It is important that you understand both the benefits and limitations of the Service. We reserve the right at our discretion to make changes to this Agreement.
B. Permissible Users of the Service
In order to register or use the Service, you must be at least 18 years old and legally capable to enter into contracts. You may not resell or otherwise provide other persons with access to the Service using your password or user name.
C. Terms are in Addition to and Supplement Your Other Agreements with Us
These Terms are in addition to and do not nullify any other agreement(s) between you and us, including but not limited to your other agreements with us including your ameriprise.com agreement(s). Also, when using the Service to access online services offered in connection with your Third-Party Accounts at Third-Party Sites, you will be subject to the terms of those Third-Party Sites. You acknowledge that we are not responsible for those terms of service, and if you have any problems with your Third-Party Accounts or Third-Party Sites you should contact the providers of such Third-Party Accounts and Third-Party Sites directly.
D. Acceptance of Terms - Electronic Agreement
- When you accept these terms by indicating your acceptance as instructed on the Site or by using the Service, you acknowledge and agree that you consent to receive this Agreement in electronic form and that you have read and agree to be bound by its Terms. If you do not agree to all of these Terms you should not use the Service or indicate your acceptance of the Agreement as instructed on the Site. If you do not accept these Terms, you will not be entitled to use the Service.
- These Terms may be modified or updated from time to time by us without prior notice to you. Upon any material change to the Agreement, at our sole discretion we will notify you by electronic mail, or by a link to or by posting of the new or different Agreement on ameriprise.com. If you continue to use the Service after such modification or update, your continued use of the Service constitutes acceptance of the changes and an agreement to be bound by the Terms, 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 the Site through which the Service is made available to you.
2. The Service - Benefits and Limitations
A. The Service
The Service employs proprietary technology to allow you to retrieve and view Third-Party Account Information from various Third-Party Sites. Some features and functionality may not be available when the Service is accessed through Sites other than ameriprise.com. Additional features may be included in the Service and offered to you in the future, which features will be governed by these Terms and additional terms and conditions as we may advise you. The Service is currently provided to you free of any Service fee. We reserve the right to impose fees and charges. Notice will be made to you, as described in this Agreement, if there is a charge to you for the Service. Any such Notice will be deemed received when made available to you in accordance with this Agreement.
B. Service Limitations
You understand and agree that due to the nature of the Internet, we cannot always foresee or anticipate technical or other difficulties that might arise regarding the Service. These difficulties may result in loss of data, lost personalization settings or other Service interruptions. We cannot assume responsibility for the timeliness, deletion, loss, mis-delivery or failure to store any user data, communications or personalization settings.
C. Privacy and Security
We respect your privacy and work to maintain the privacy and security of your personal information. The privacy notice and internet privacy statement are available for your review on the Site and govern the use of the Service. You agree that you have accessed, read, and understood the privacy notice and internet privacy statement before accepting these Terms.
D. Standard of care
Commercially reasonable efforts will be used to provide you with the Service. In addition to other limitations on liability set forth in this Agreement, Firm and its Service Provider shall incur no liability to you if the Service does not function as described because of the existence of any one or more of the following circumstances: i.) The Service is not working properly and you know or have been advised by us about the malfunction before you execute a transaction; ii.) You have not provided the Service with the correct registration information, or other information used to provide the Service to you; and/or, circumstances beyond control of the Firm (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the requested service and Firm and/or its Service Provider have/has taken reasonable precautions to avoid those circumstances.
E. Electronic Communications
This Agreement and any notices or other communications regarding the Service may be provided to you electronically, and you agree to receive communications from the Firm in electronic form. Electronic communications may be posted on the Site and/or delivered to your registered e-mail address. All communications in electronic format will be considered to be in "writing," and to have been received no later than three (3) business days after posting or dissemination, whether or not you have received or retrieved the communication. Your consent to receive communications electronically is valid until you revoke your consent by notifying us of your decision to do so. If you revoke your consent to receive communications electronically, we may terminate your right to use the Service. You may print a copy of any electronic communications and retain it for your records.
You may cancel your enrollment and use of the Service at any time by contacting your Financial Advisor or as directed through the Service and/or on the Site. Upon confirmation of your request by us, your enrollment in the Service will be canceled. Extended periods of inactivity by you in using the Service may also result in your enrollment in the Service being canceled. Also, we may cancel your enrollment in this Service for any reason, at any time without prior notice to you. You agree that we will not be liable to you or any Third-Party for any modification or discontinuance of the Service.
G. Limitations on Financial Institution Information
Balances of Third-Party Accounts reflect the most recent refresh by the Service Provider and may not be accurate or timely if a refresh was not successfully completed or the information obtained during the refresh from the Third-Party Account is otherwise not accurate or current. For example, when displayed through the Service, Third-Party Account Information is only as current a representation of the information on that Third-Party Site as the time shown, which reflects when Service Provider obtained the information from such Third-Party Site. You acknowledge that such information may be more up-to-date when obtained directly from the relevant Third-Party Site. Deposit account balances are ledger amounts, all of which may not be currently available for withdrawals or to pay checks. You should log on to your Third-Party Account directly via your Third-Party financial institutions site for available balance information. Your Third-Party Account Information is provided for informational purposes only, and is not intended for trading or transactional purposes. Neither we nor our Service Provider shall be liable for any errors or delays in the content provided through the Service, or for any actions taken in reliance thereon. The trading and transactional services that you may access at Third-Party Sites through the links on the Service, if any, are services of the providers of such Third-Party Sites. The Service provides links to Third-Party Sites for your convenience and viewing only. Neither we nor our Service Provider endorse or recommend the services of any Third-Party Site. The provider of the Third-Party Site is solely responsible for its services to you, the user. Neither we nor our Service Provider shall be liable for any damages or costs of any type arising out of or in any way connected with your use of any Third-Party Account Information and/or the services of any Third-Party Site accessed by you through links on the Service.
H. Third-Party Accounts, Information, Products and Services
All Third-Party Account Information available through the Service is provided by third parties. We make no effort to review nor are we responsible for the content of any Third-Party Site, including, but not limited to, the validity, legality, or copyright compliance of the content contained in these Sites. You acknowledge that we do not pre-screen content, but that we and our representatives, agents, and designees will have the right (but not the obligation) in our or their sole discretion to refuse, edit, move or remove any content that is available via the Service. We are not responsible for the products and services at Third-Party Sites. Any Third-Party information about securities and other investments available through the Service reflect independent opinions and are not recommendations of ours, ameriprise.com or the Service Provider. The information and content provided via the Service is for information 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 Ameriprise Financial, ameriprise.com or the Service Provider. You understand and agree that you must perform your own evaluation of any investment based on your investment objectives, financial resources and risk tolerance.
3. Your Additional Responsibilities
A. Provide Accurate Information
You agree to provide true, accurate, current and complete information about yourself and your Third-Party Accounts as requested in our enrollment process and you agree to not misrepresent your identity or your Third-Party Account information, which may include user names, passwords or other access devices for such Third-Party Accounts. You represent to us that you are an adult, that you are the owner or holder of each Third-Party Account and that you have the right to use and provide us any such Third-Party Account information. Without accurate records, we will not be able to provide the Service to you. You therefore agree to keep your registration and Third-Party Account information up to date and accurate.
B. Guard Your Password
You are responsible for maintaining the confidentiality of your password, user name, or other means that gives you access to the Service ("Password"). You are fully responsible for all activities that occur using your Password. You agree to notify us immediately of any unauthorized use of your Password or any other threatened or actual breach of security. We will not be liable for any loss that you may incur as a result of someone else using your Password, either with or without your knowledge or consent. You may not use any other password but the Password assigned to you at any time to use or access the Service. You agree not to give or make available your Password to any unauthorized individuals. You are responsible for all actions that you authorize using the Service. If you permit any other person or third party to use the Service or your Password, you are responsible for any transactions they initiate using the Service. If you believe that your Password has been lost or stolen or that someone has used, or may attempt to use, the Service without your consent, you must notify us at once by calling 1-800-862-7919 (Monday-Friday, 7 a.m. - 9 p.m. Central time; Saturday & Sunday, 8 a.m. - 5 p.m. Central time).
C. User Conduct
You agree not to 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. You further agree to refrain from using the Service in connection with long term care insurance information, including but not limited to policies, certificates, contracts, costs and expenditures.
D. Proprietary Rights
You acknowledge and agree that we, our Service Provider, or our affiliates and other licensor(s) own all rights to this Service and the content displayed on the Site and any intellectual or proprietary property and/or technology (in any form) made available to you as a part of or in conjunction with the Service. You are only permitted to use the Service and its content as expressly authorized by these Terms. You may not copy, reproduce, distribute, or create derivative works from this content. Further, you agree not to reverse engineer or reverse compile any of our technology, including but not limited to, any Java applets associated with the Service.
E. Use of Marks, Materials and Suggestions
The names and logos and all related product and service names, design marks and slogans including but not limited to the Service, ameriprise.com, and our Service Provider are the property of either us, our Service Provider or our affiliates. You are not authorized to use our names or marks in any advertising, publicity or in any other commercial manner without our prior written consent. You may use and copy the materials found on the Service for your own, noncommercial, informational services only. All copies that you make of the material must bear any copyright, trademark or other proprietary notice which pertain to the material being copied. Except as authorized in this paragraph, you are not being granted a license under any copyright, trademark, patent or other intellectual property right in the material or the products, services, processes or technology described therein. We, our affiliates and/or any third party owner of such rights retain all such rights. Any feedback, questions, comments, suggestions, ideas or the like, which you send to us will be treated as being non-confidential and non-proprietary. We will also be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including but not limited to developing, manufacturing and marketing products and services incorporating such information.
F. No Endorsements
All product and service marks contained on or associated with the Service that are not our marks are the trademarks of their respective owners. References to any names, marks, products or services of third parties or hypertext links to Third-Party sites or information do not constitute or imply our endorsement, sponsorship or recommendation of the third party, information, product or service.
G. Errors and Questions
In case of errors or questions about your use of the Service, you should as soon as possible call 1-800-862-7919 for client web support (Monday-Friday, 7 a.m. - 9 p.m. Central time; Saturday & Sunday, 8 a.m. - 5 p.m. Central time).
4. Rights You Grant to Us
A. Content You Provide
B. Verification Authorization
You agree that some or all of the registration information you provide to the Service can go through a verification process.
C. Access to your Records
In order to ensure that you receive a high quality Service that is responsive to your needs, you agree that our employees, Third-Party service providers, consultants, auditors, attorneys and other agents and representatives may have access to your enrollment, use, activity and other records related to the Service as reasonably needed to investigate complaints, comply with applicable laws, administer our business and to service your enrollment in and use of the Service.
D. Third-Party Accounts
By using the Service, you authorize us to access Third-Party Sites, Third-Party Accounts and Third-Party Account Information designated by you, on your behalf, to retrieve such information requested by you through the Service and you hereby appoint us as your agent for this limited purpose.
You hereby authorize and permit us and our Service Provider to use information and Content submitted by you to the Service (such as account passwords and users 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 us as your agent, and you hereby appoint us 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 Accounts, Third-Party Account Information, and Third-Party Sites, retrieve information, and use your information, including Third-Party Account Information, all as described herein, 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 Agree that the Service Provider shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by you.
You hereby represent to us that you are an owner, or legal signer of each Third-Party Account and have the authority to designate us as your agent, use this Service and to give us your passwords, user names and all other information you provide. You hereby permit us to use information submitted by you to the Service to accomplish the foregoing. You may not use the Service to initiate transactions affecting your Third-Party Accounts or provide notices or instructions affecting such Third-Party Accounts. When you use the "Auto-Login" or a similar feature of the Service, if made available to you by us through the Service, a new browser window will open and directly connect you to the Third-Party Site you selected. The Service will submit information, including user names and passwords that you provide to us, to log you into such Third-Party Site. Any transactions or other activities at such Third-Party Sites are not made through the Service and we assume no responsibility for such activities. You are responsible for all charges associated with Third-Party Sites and agree to comply with the terms of those Third-Party Sites. You agree that we and our Service Provider, and all other service providers shall be entitled to rely on the authorization, agency and power of attorney granted by you in this agreement.
YOU ACKNOWLEDGE AND AGREE THAT WHEN WE, THROUGH OUR SERVICE PROVIDER OR OTHERWISE, ACCESS AND RETRIEVE INFORMATION FROM THIRD-PARTY ACCOUNTS AND THIRD-PARTY SITES, WE ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY. You agree that our third party service providers shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by you. You understand that the Service is not endorsed or sponsored by any such Third-Party Account providers. You agree that neither we nor our Service Provider assume any responsibility and that we and our Service Provider shall incur no liability with respect to the acts, omissions or determinations of any provider of such Third-Party Site.
You acknowledge and agree that we and/or our service providers may not maintain the same level of security against unauthorized access to your Third-Party Account Information as the Third-Party Sites from which you authorize us through our Service Provider to retrieve information on your behalf.
You agree that we may display advertisements and promotions of all kinds on or through the Service.
A. Alert Messages
Through the Service, you may instruct the Service Provider to send an electronic alert message ("Alert") should certain changes occur in your Firm and Third-Party Account(s) that meet the criteria set by you to receive Alerts. Alerts and the information contained in or related to the Alert are not investment recommendations, advice, or solicitations to buy or offers to sell.
There is no guarantee that delivery of an Alert can or will be affected or that it will occur during any particular time period and neither we nor our Service Provider shall be responsible for any losses or missed opportunities incurred by you due to the delay or non-delivery of an Alert through the Service. Neither we nor our Service Provider shall be liable for any errors or delays in delivery or content of any Alert provided through the Service, or for any actions, in-actions or omissions by you or any third party in reliance thereon. Alert content may contain errors or omissions, and there may be interruptions, suspensions or malfunctions of the Service. Alert delivery times are not guaranteed by us, our affiliates or the Service Provider. You understand and agree that some of the sources of our or Third-Party Account Information for which you have requested Alerts may have specific operating hours and that during non-operational hours the Service Provider may not have access to information necessary to determine whether an Alert should be sent. You are solely responsible for describing and determining the criteria which govern your receipt of an Alert as well as when or why an Alert may be sent.
C. Alerts are Not Confidential - Sent as Open E-Mail Transmission
You understand that Alerts, which may convey information about your accounts with us and your Third-Party Account(s) and activity, may be transmitted through an unsecured, unencrypted medium (e.g., e-mail) and might be accessed, used, or misappropriated by unintended third-party recipients. You agree that information transmitted through the Alerts is not confidential and you acknowledge that you have no expectation of privacy with respect to such information.
D. Modification and Cancellation of Alerts
The Firm or the Service Provider may change or discontinue, temporarily or permanently, all or any part of the Alerts service or change, suspend or discontinue any Alerts feature, or impose limitations or restrictions on your access to any aspect or feature of the Alerts service at any time and without notice to you. Accordingly, you agree that neither we nor our affiliates and Service Providers shall be liable to you or to any third party for any modification, suspension or discontinuance of the Alerts, the unauthorized use or misappropriation of any and all information transmitted through the Alerts, any use of information provided to you through the Alert or for any other reason.
6. Share With Your Financial Advisor - Automatic Enrollment
A feature of the Service is your ability to share certain information with your financial advisor ("Share With Your Advisor"). As part of your enrollment in the Service, the Share With Your Advisor feature will automatically provide such financial advisor(s) or his/her Ameriprise Financial support staff ("Advisor," "Financial Advisor") on a periodic basis certain aggregated financial information ("Summary") including select Third-Party and Firm Account Information including banking, brokerage and related credit and debit card information that you access online through the Service.
A. Share With Your Financial Advisor
Sharing with your advisor will provide your selected Financial Advisor(s) the ability to generate and maintain a Financial Plan containing your Third-Party assets.
B. Reasonable Time to Analyze Third-Party Account Information
You agree that upon each receipt of such Third-Party Account Information through the Summary or otherwise, your Financial Advisor will require a reasonable time to analyze, review and, when your Financial Advisor deems it appropriate, discuss such information with you. Receipt, review or discussion of Third-Party Account Information contained in your Summary by the Firm or your Financial Advisor should not be construed as an endorsement, recommendation, or guarantee of the information, products or services described therein or as a solicitation to buy or recommendation to sell. Share With Your Advisor creates no duty or other responsibility for us or your Financial Advisor to advise you or take any action or inaction regarding your positions, individual investments, or other assets, investment strategies, asset allocations at other financial institutions.
C. Service Modifies Prior Confidentiality Agreements
D. Data Retention
Your Summary, the Share With Your Advisor communications, and all other Service and Share With Your Advisor information may be retained by the Firm or its designee for periods of time and in the form required by applicable law, rule or regulation. You understand and agree that such records and information may be made available under applicable law to government and self-regulatory agencies and may be disclosed to third parties, legal, regulatory or self-regulatory authorities when we reasonably believe that such action is necessary to conform with legal requirements, comply with legal processes, or protect or defend the rights, property, legal, personal or financial interests of us or others.
E. Termination of Share With Your Advisor
Share With Your Advisor and the transmission of Your Summary will continue until termination of the Service or the Share With Your Advisor feature. We can terminate Share With Your Advisor at any time without notice to you.
7. 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. EXCEPT AS OTHERWISE STATED HEREIN, WE AND OUR SERVICE PROVIDER(S) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, AS TO THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
THE INFORMATION AND MATERIALS CONTAINED IN THIS SITE, INCLUDING TEXT, GRAPHICS, LINKS OR OTHER ITEMS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NONE OF US OR OUR AFFILIATES WARRANTS THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS AND EACH OF US AND OUR AFFILIATES EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESS OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUSES, IS GIVEN BY US OR OUR AFFILIATES IN CONJUNCTION WITH THE INFORMATION, MATERIALS, PRODUCTS OR SERVICES AVAILABLE THROUGH USE OF THIS SITE. WE MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) USE OF SERVICE, THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR 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 WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, OR OTHER ELECTRONIC DEVICES, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR 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. Third-Party Content
Through this Service, you may visit or be directed to Third-Party Sites containing information or material that may be offensive or inappropriate to some people. We make no effort to review nor are we responsible for the content of these sites, including, but not limited to the validity, legality, copyright compliance, or decency of the content contained in these sites. In addition, we do not endorse or control the content of any other user and are not responsible or liable for any content, even though it could be unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable, nor are we responsible or liable for content that infringes or may infringe upon the intellectual property or other rights of another. You acknowledge that we do not pre-screen content, but that we and our representatives, agents, and designees will have the right (but not the obligation) in our or their sole discretion to refuse, edit, move or remove any content that is available via the Service.
C. Limitation of Liability
THE FOREGOING SHALL CONSTITUTE OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. YOU AGREE THAT NEITHER THE FIRM NOR OUR SERVICE PRIOVIDER, NOR ANY OF OUR AFFILIATES, ACCOUNT PROVIDERS OR ANY OF THEIR AFFILIATES, WILL BE LIABLE FOR ANY HARM, OFTEN KNOWN AS DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING IN ANY WAY OUT OF: (i) THE USE OR THE INABILITY TO USE THE SERVICE AND/OR THE INSTALLATION, USE, OR MAINTENANCE OF ANY SERVICE-RELATED EQUIPMENT OR SOFTWARE AND/OR THE SERVICE; (II) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICE; (V) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD-PARTY SITE, EVEN IF THE PROVIDER OF SUCH THIRD-PARTY SITE HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES; OR (VI) ANY OTHER MATTER RELATING TO THE SERVICE.
IN NO EVENT WILL WE OR OUR AFFILIATES BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH THIS SITE OR USE THEREOF OR INABILITY TO USE THE SITE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF WE OR OUR AFFILIATES, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.
HYPERLINKS TO OTHER INTERNET RESOURCES ARE AT YOUR OWN RISK. THE PRODUCTS, SERVICES, INFORMATION, AND/OR MATERIALS OBTAINED THROUGH THIS SITE AND/OR THE SERVICE ARE PROVIDED AND SERVICED BY, AND SUBJECT TO THE TERMS, CONDITIONS AND/OR WARRANTIES, IF ANY, OFFERED BY THE RESPECTIVE THIRD-PARTY PROVIDER OF SUCH PRODUCTS, SERVICES, INFORMATION AND/OR MATERIALS. NEITHER WE NOR OUR AFFILIATES MAKES ANY REPRESENTATION WITH RESPECT TO, AND SHALL NOT BE HELD LIABLE OR ACCOUNTABLE FOR, THE CONFORMITY OF THIRD-PARTY PRODUCTS, SERVICES, INFORMATION AND/OR MATERIALS TO SUCH TERMS, CONDITIONS AND WARRANTIES.
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.
Except when caused by our intentional misconduct or gross negligence, you agree to protect and fully compensate us and our affiliates subsidiaries, licensors, suppliers and service providers from any and all third-party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorney's fees) caused by or arising from your enrollment in or use of the Service, your violation of the Terms or your infringement, or the infringement by any other user of your Password or account or relationship with us, of any intellectual property or other right of anyone.
E. Service Changes and Discontinuation
We reserve the right to change or discontinue, temporarily or permanently, the Service at any time without notice. In order to maintain the security and integrity of the Service we may also suspend your access to the Service at any time without notice. In addition, we may discontinue the provision of the Service to you, or may refuse to process a transaction requested by you in connection with the Service for any reason including but not limited to, if we are unable to validate any registration or transaction information provided by you, or if we believe that providing the Service or completing the requested transaction may expose us to a risk of loss or violation of applicable law. You agree that we will not be liable to you or any third party for any modification or discontinuance of the Service.
F. Disposition After Termination
Upon termination of the Service, we may purge any or all records of any or all information created, acquired, collected or otherwise about you or available to you through the Service ("Information") including Third-Party Account Information, archived reports and other information as we may deem appropriate in our sole discretion. Information previously retained and available to you through the Service may no longer be available.
G. Retention and Availability
Such Information may be retained by us for periods of time and in a form as determined by us or required or permitted by applicable law, rule or regulation, business practice or our policy or procedure. In some cases, we may be required to indefinitely retain such Information including Information permitted or required to be retained under applicable law, rule or regulation or the administration of our business. Such Information may be made available under applicable law to government and self-regulatory agencies and may be disclosed to third parties, legal, regulatory or self-regulatory authorities when we reasonably believe that such action is necessary to conform with legal requirements, comply with legal processes, or protect or defend the rights, property, legal, personal or financial interests of us or others.
These Terms cannot be changed nor any of our rights waived unless we agree in writing or you continue using the Service following receipt of notice of any changes proposed by us. This Agreement is personal to you and you may not assign it to anyone.
Neither we nor our Service Provider, shall be considered an agent or other legal representative of the other for any purpose by reason of this Agreement. Each of us shall be an independent contractor, and nothing contained in this agreement shall be deemed to create any association, partnership, joint venture, or relationship of principal, agent or master and servant, employer or employee between us.
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 State of Minnesota apply to this Agreement without giving effect to its conflicts of laws provisions or your actual state or country of residence. Any conflict regarding the Service between these Terms and the terms and conditions of other agreements that govern your relationship with or other services provided by us or our Service Provider shall be resolved in favor of these Terms. These Terms constitute the entire understanding between you and us about the Services.
All notices to you shall be in writing or made electronically by posting to the ameriprise.com website, or such other Sites as we may advise, through which you receive the Service ("Notice"). We may broadcast Notices or messages through the Service to inform you of changes to the Terms, the Service, or other matters of importance; such broadcasts shall constitute Notice to you.
You agree to accept electronic communications, links to and/or postings of any revised Agreement and that such electronic communications, links and/or postings constitute notice to you of any new or different Agreement. If you continue to use the Service thereafter, your continued use of the Service constitutes acceptance of the changes and your consent 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.
I. Exclusive Agreement
You agree that this Agreement is the complete and exclusive statement of the agreement between you and us with respect to the Service, and that the Agreement supersedes any proposal or prior agreement, oral or written, and any other communications between you and us relating to the subject matter of this Agreement. The terms of this Agreement, as the same may be amended from time to time, will prevail over any subsequent oral communications between you and us.