The following terms and conditions (the "Agreement") shall govern your access to and use of certain functionality ("Secure Site Features") on the ameriprise.com website that are available only by use of a user name and password to clients and others authorized by Ameriprise Financial Services, LLC ("Ameriprise Financial") and its affiliated companies ("Affiliates"). Secure Site Features are offered and provided by Ameriprise Financial utilizing technology services from third-party service providers ("Service Providers"). In this Agreement, Ameriprise Financial, its Affiliates and its Service Providers are collectively referred to as "we" or "us." The "User" can mean 1) the legal owner of the account(s) which may be accessed using Secure Site Features (a "Client User"); 2) a person authorized to access Secure Site Features prior to becoming a legal owner of an account (a "Guest User"); and any person or persons legally authorized by the Client User to access or use the Secure Site Features (an "Authorized User"). For purposes of this Agreement, the User shall also be referred to as "you." For terms and conditions related to the specific products and services Ameriprise Financial and Affiliates may provide to a User, including related account transactions, please refer to the applicable product or service agreement.
GENERAL. Secure Site Features are generally differentiated from other parts of ameriprise.com by requiring you to initially register and subsequently log in using a username and password. Secure Site Features allow you to access and manage information about certain online accounts with us, as well as conduct certain transactions and account-related activities. Some Secure Site Features will differ depending on whether a Client User or Guest User has entered a user name and password. By accessing and using Secure Site Features, you agree to the terms and conditions of this Agreement, as amended from time to time, and to the terms and conditions outlined in the Rules, Regulations, and Disclaimers section of ameriprise.com, which are incorporated by reference and made part of this Agreement (view Website Rules, Regulations and Disclaimers). If you do not accept the terms of this Agreement, you are not authorized to enroll in or use Secure Site Features. In the event of a conflict between this Agreement and the terms and conditions outlined in the Rules, Regulations, and Disclaimers section of ameriprise.com, this Agreement shall govern regarding your use of Secure Site Features. Secure Site Features are provided for informational and transactional purposes only and should not be construed as an offer to sell, a solicitation to buy or a recommendation of any security by us. You acknowledge that you must perform your own evaluation of any investment based on your investment objectives, financial resources and risk tolerance. Your purchase of any financial products or services from us is governed by the applicable product or service agreements, not by this Agreement.
LICENSE. During the term of this Agreement, we grant you a non-exclusive, revocable, non-transferable, limited license to use Secure Site Features solely under this Agreement. Ameriprise Financial retains all right, title, and interest, including all intellectual property rights, relating to Secure Site Features.
ELIGIBILITY. To be eligible to enroll in or use Secure Site Features, you must be legally authorized to open and maintain an account with Us. By enrolling in and using the Secure Site Features, you affirmatively submit to the jurisdiction of the United States of America for any matter arising out of or related to your use of the Secure Site Features.
USAGE, LIMITATIONS, OBLIGATIONS AND AVAILABILITY. You acknowledge and agree that (i) you will use Secure Site Features only for the purpose of accessing, reviewing, and managing your financial information and accounts; (ii) you will not copy, reproduce, distribute, create derivative works, resell, or make commercial use of Secure Site Features (except that you may print a copy of your financial information for your own personal use); (iii) you will not reverse engineer or reverse compile any technology provided in connection with Secure Site Features, including but not limited to any Java applets, (iv) you will not alter or remove any copyright notices or other information that identifies the owner of intellectual property; (v) you will not provide access to Secure Site Features to any other party without our express consent; (vi) you will not use Secure Site Features for illegal purposes or for the transmission of material that is unlawful, or that infringes the rights of others; (vii) to protect the security of your confidential financial information, you will log out of ameriprise.com after completing your use and before conducting other online activities; and (viii) the availability of Secure Site Features may be subject to interruption and delay due to causes beyond our reasonable control, and in such circumstances we are not liable for the timeliness, deletion, delivery, or failure to store any of your data, communications, or personalization settings.
ORGANIZATIONAL ACCESS. If you are enrolling for Secure Site Features on behalf of an organizational entity, you agree that this Agreement is binding on both you and the entity, and you warrant that (i) you are an agent of the entity, with the authority to bind that entity to the terms of this Agreement; and, (ii) you will only use Secure Site Features to conduct legitimate business on behalf of the entity.
Any third-party information or opinion about securities and other investments available through Secure Site Features reflects the independent work product of that third party and is not a recommendation of Ameriprise Financial or its Affiliates. Ameriprise Financial will not use information provided through Secure Site Features to determine the suitability of any securities transactions you conduct with Ameriprise Financial or to update suitability information that Ameriprise Financial currently has on file for you unless you provide such information directly to your Ameriprise financial advisor expressly for those purposes.
PASSWORDS; AUTHORIZED USERS. When you register to access and use Secure Site Features, you will create an Ameriprise Financial internet username and password and provide security clues (collectively, your "Access Information"). Each Authorized User is required to register and create Access Information that is separate from yours. You will notify us in writing if you wish to revoke authorization for an Authorized User. You are solely responsible for all activities that occur using your Access Information. You agree you will be the only user of your Access Information, will keep your Access Information secure, and will notify us immediately of any unauthorized use or any other security concern you may have (see Notices below). We expressly disclaim any liability relating to the unauthorized use of your Access Information or related unauthorized use of your Secure Site Features. If you think that an unauthorized access or transaction has occurred related to your Access Information or your accounts with Ameriprise Financial or Affiliates, immediately notify Ameriprise Financial or the applicable Affiliate holding your accounts. Any third-party financial institution holding your account(s) is responsible for resolving any issues related to unauthorized use of your Access Information.
MODIFICATION; TERMINATION. We reserve the right to modify Secure Site Features, to cease providing certain tools, information, data or features within Secure Site Features, and to cease providing access to Secure Site Features or any of the content or third-party sites available through Secure Site Features at any time, for any reason, and without prior notice. We reserve the right to implement service charges or fees for your use of Secure Site Features with prior notification to you. Such notification will describe any steps you must take to continue having access to Secure Site Features. We will notify you of any material changes to this Agreement (see Notices below). If you continue to use Secure Site Features after such notification, your continued use of Secure Site Features shall constitute acceptance of the Agreement as amended. If you do not agree to the changes, you agree to discontinue your use of Secure Site Features, including online trading activity.
AGREEMENT TERM AND TERMINATION. This Agreement shall remain in force until terminated by either party upon electronic notice of termination to the other party (see Notices below). If you terminate the Agreement, you will immediately cease use of Secure Site Features.
DISCLAIMER OF WARRANTY. You expressly agree that use of Secure Site Features is at your sole risk and that Secure Site Features and your financial information are provided "as is," with no warranties whatsoever, including without limitation, warranties of availability, reliability, accuracy, timeliness, completeness, usefulness, course of performance, non-infringement, merchantability, or fitness for a particular purpose. We expressly disclaim all warranties of any kind as to Secure Site Features and all information, products, capabilities and content (including that of third parties) included in or accessible from Secure Site Features, whether express or implied. Any material obtained using Secure Site Features is acquired at your own risk and you are solely responsible for any damage to your computer system or loss of data that may result. No advice or information, in any form, obtained by you through or from Secure Site Features will create any warranty not expressly stated in this Agreement. Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above limitations may not apply to you. If there is an inconsistency between this section and any other part of this Agreement, then this section will apply.
LIMITATION OF LIABILITY. You agree that neither Ameriprise Financial nor its Affiliates, Service Providers or any of their affiliates will be liable for any damages that lawyers and courts often refer to 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, resulting from: (i) the use or the inability to use the Secure Site Features; (ii) the cost of getting substitute goods and services; (iii) any products, data, information, statements, services purchased or obtained, messages received, or transactions entered using Secure Site Features; (iv) unauthorized access to or alteration of your transmissions, transactions, or data; (v) the use, inability to use, unauthorized use, or performance of any third-party site; or (vii) any other matter relating to Secure Site Features. 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. You agree to protect and fully compensate us from any and all third-party claims, liability, damages, expenses, and costs (including, but not limited to, reasonable attorneys’ fees) arising from your use of Secure Site Features or your violation of this Agreement. This paragraph applies only to the Secure Site Features and not to products or services that we may provide to you under the terms of other agreements.
OTHER PROVISIONS. You may not assign, sublicense or transfer your rights under this Agreement without our prior written consent. Failure of any party to enforce any provision of this Agreement shall not constitute a waiver of the right to enforce such provision. This Agreement will be governed by the laws of the United States and the State of Minnesota without regard to conflicts-of-laws provisions thereof. If any provision of this Agreement, or portion thereof, is held to be unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
COMMUNICATIONS. You agree to receive communications and disclosures from us regarding Secure Site Features in an electronic form and you agree not to circumvent receiving any such messages. Ameriprise Financial or its Service Providers may send communications relating to the Agreement, Secure Site Features, or other related matters via the internet and through the secure message feature of ameriprise.com. Such communications shall constitute a "writing" for purposes of satisfying legal requirements and complying with the terms of the Notices section of this Agreement. In order to access agreements and communications electronically, you must have a personal computer equipped with a browser that supports 128-bit Java script, internet access, and a valid and operational electronic mail account.
NOTICES. All notices regarding this Agreement will be sent to you at your most recent electronic mail address, through the secure messaging feature of ameriprise.com, or both. You agree to promptly notify us of any changes to your electronic mail address by updating it in your secure profile on ameriprise.com. You agree to send us all notices regarding this Agreement by electronic mail.
FEATURES FOR WORKING WITH YOUR ADVISOR ONLINE. Secure Site Features include certain enhanced capabilities for working with your advisor online (such capabilities being the "Interactive Features"). The Interactive Features allow you to share documents and information related to your Ameriprise Financial account(s) with your Ameriprise financial advisor, members of your current Ameriprise account household group(s) and Authorized Users, and to engage in other online and interactive communication activities with those persons. Your use of the Interactive Features is subject to the following terms:
ENTIRE AGREEMENT. The terms specified herein set forth the entire understanding and agreement between you and Ameriprise Financial relating to the subject matter of this Agreement and supersede any prior or contemporaneous oral or written agreements or representations regarding the subject matter.
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