CIBC
PRIVATE WEALTH INVESTOR DASHBOARD
USER
AGREEMENT TERMS AND CONDITIONS
This is a legally binding agreement. Please
read these terms and conditions of use carefully before using the CIBC PW
Investor Dashboard. You can print this agreement for your records.
GENERAL
The following terms
and conditions are applicable to our Internet-based CIBC Private Wealth
Investor Dashboard Services. As used in this CIBC Private Wealth Investor
Dashboard User Agreement Terms and Conditions, as amended from time to time,
(the "User Agreement") the following terms have the following meanings: "Site"
means the Web site with a URL of "https://cibc.ecx.seic.com", "Mobile App" means the CIBC Private
Wealth US mobile application or as it may be modified from time to time; "we",
"our", and "us" refers to CIBC Private Wealth Group, LLC and its affiliates
(collectively, "CIBC Private Wealth"); "Service", "Services", and "CIBC Private
Wealth Services" means the services offered through CIBC Private Wealth
Investor Dashboard ("CIBC PW Investor Dashboard") as described in this User
Agreement; "Account" refers to your CIBC Private Wealth account(s); "SEI", when
used in this User Agreement, shall mean SEI Global Services, Inc. and its
affiliates; and the terms "you" and "your" shall be a reference to you.
You have been provided
access to this CIBC PW Investor Dashboard pursuant to a separate agreement that
CIBC Private Wealth has with SEI and/or one or more of its affiliates (the
"Access Agreement"). This User Agreement is in addition to (and does not
replace or otherwise modify) the terms and conditions of such Access Agreement.
To the extent any of the terms and conditions of this User Agreement conflict
with the terms and conditions of such Access Agreement, the terms and
conditions of this User Agreement shall control.
By using the CIBC PW
Investor Dashboard, you signify your assent to the terms and conditions of this
User Agreement. CIBC Private Wealth and SEI reserve the right, at their
discretion, to change, modify, add to or delete portions of these terms and
conditions of this User Agreement at any time. Please check the User Agreement
periodically for such changes, modifications, additions and/or deletions. Your
use of the CIBC PW Investor Dashboard after any such updates signifies your
assent to the User Agreement as so updated. The CIBC Private Wealth Privacy
Notice, and the SEI Privacy Policy are is also part of this User
Agreement.
If you do not agree to
the terms and conditions of this User Agreement, you are not authorized to use
the CIBC PW Investor Dashboard.
ELIGIBILITY AND ACCESSIBLE ACCOUNTS
You will not be
permitted to access any Account unless our records indicate that you are an
owner of that Account or are authorized, in writing, to access that Account by
the Account owner.
AVAILABLE SERVICES
After you have
successfully registered for CIBC PW Investor Dashboard, you can access your
account information and obtain other Services through the Site or Mobile App
seven days a week, 24 hours a day except during maintenance periods.
Specifically, you can use CIBC PW Investor Dashboard to:
(a) Obtain balance and transaction information for your Accounts; and
(b) If requested, access electronic copies of your Account statements.
We may introduce new
products and services through the Site or Mobile App. By using these Services
when they become available, you agree to be bound by the terms and conditions
of this User Agreement, as well as any rules specifically applicable to the new
Services. Although some account balances and activity are intended to be
updated daily, we are not responsible for any failure to update information.
Occasionally, some or all of the information and Services usually accessible
through the Site or Mobile App may not be available due to system maintenance,
failure or other reason. We are not responsible for your inability to access
the Site, Mobile App, or any of the information or Services available on it,
for any reason.
USAGE
We and SEI hereby
grant you a limited, revocable, nonexclusive, nontransferable license to view,
download and print the information, content and data within the CIBC PW
Investor Dashboard for your own personal, noncommercial use, or as otherwise
may be allowed upon our and SEI's prior written consent. You shall not use the
CIBC PW Investor Dashboard in any manner which might damage, disable, or
overburden the CIBC PW Investor Dashboard, any SEI server or any network
connected to an SEI server or the CIBC PW Investor Dashboard. Further, you may
not modify, update, reverse engineer, distribute, transfer to a third party, or
otherwise exploit the CIBC PW Investor Dashboard or any reports, data, content
or other information appearing on the CIBC PW Investor Dashboard. For the
avoidance of doubt, you may not use the CIBC PW Investor Dashboard to generate
any output for a third party's commercial use. SEI may revoke your access to
the CIBC PW Investor Dashboard at any time in its sole discretion (unless the
Access Agreement with SEI states otherwise, in which case, SEI may revoke your
access as expressly provided in such Access Agreement).
YOUR RESPONSIBILITY WHEN USING THE CIBC PW
INVESTOR DASHBOARD TO GENERATE OUTPUT
Authority. You represent that when you use the CIBC PW
Investor Dashboard to upload, sign, submit, view, download or print any
information, content or data within the CIBC PW Investor Dashboard
(collectively, "Output"), you will have all necessary authority to prepare such
Output and will have all licenses, registrations or other permissions required
under all laws, rules and regulations applicable to you.
SEI is not providing
advice. You acknowledge
and agree that SEI is not providing investment or other advice to you with
respect to the CIBC PW Investor Dashboard. The CIBC PW Investor Dashboard and
the Output may not be presented or employed as a substitute for the investment
or other advice. You further acknowledge and agree that SEI is not providing
tax advice in connection with the CIBC PW Investor Dashboard or its Output and
that you should consult a tax professional in connection with your use of the
CIBC PW Investor Dashboard.
Right to Use
Information. To the extent
you input any information into the CIBC PW Investor Dashboard, including,
without limitation, any personal information regarding yourself or any other
person, you acknowledge and agree that you have the right to use all such
information and to input such information into the CIBC Investor
Dashboard.
USAGE, LIMITATIONS, OBLIGATIONS AND
AVAILABILITY
You shall not provide
access to CIBC PW Investor Dashboard to any other person without our prior
written consent. To limit your exposure to financial loss due to an
unauthorized transaction, you agree to use CIBC PW Investor Dashboard only for
the purpose of accessing, reviewing and managing your financial information
online. Your right to use CIBC PW Investor Dashboard is personal to you;
therefore, you agree not to resell or make any commercial use of CIBC PW
Investor Dashboard. You agree not to use CIBC PW Investor Dashboard 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
acknowledge that the availability of CIBC PW Investor Dashboard may be subject
to interruption and delay due to causes beyond our reasonable control, and that
CIBC Private Wealth shall assume no responsibility for the timeliness,
deletion, mis-delivery or failure to store any of your data, communications or
personalization settings. You further agree not to reverse engineer or reverse
compile any technology provided in connection with the Site or Mobile App,
including but not limited to any software components associated with CIBC PW
Investor Dashboard, or to alter or remove any copyright or other proprietary
notices or any disclaimers contained within CIBC PW Investor Dashboard.
COPYRIGHT
The entire content
(including, without limitation, the text and "look and feel" attributes) of the
CIBC PW Investor Dashboard is copyrighted by SEI and/or its third party
providers or otherwise constitutes the confidential and proprietary information
of SEI and/or such third party providers. All rights are reserved. You may not
copy, reproduce, distribute or create derivative works from the Site or Mobile
App.
TRADEMARKS
You acknowledge that
CIBC Private Wealth trademarks are the sole property of CIBC or their
licensors. CIBC Private Wealth or the licensors retain all right, title and
interest in and to such trademarks.
SECURITY
You will receive or
establish a password in connection with your use of the CIBC PW Investor
Dashboard. You are fully responsible for the use of and all activity
originating from your password, whether authorized by, known by you or not, and
for the protection of your password. The confidentiality of your information, including
user name, password and answers to any applicable security questions are your
own responsibility and you should change access information periodically to
protect your confidentiality.
You agree to
immediately notify your contact at CIBC Private Wealth if you become aware of
any of the following: (a) loss or theft of your password; (b) unauthorized use
of your password; (c) any other information which you believe compromises the
security of the CIBC PW Investor Dashboard. You agree that your password is
specific to you, and you will not share your password. We reserve the right to
require you to change your password at any time.
You acknowledge that
Internet and e-mail communications are not confidential. It is possible that
information transmitted to the Site or Mobile App via the Internet or e-mail
may be read or obtained by other parties. You agree that we and SEI take no
responsibility for communications transmitted over the Internet or via email,
and there can be no such assurance that such communications shall remain
confidential or intact. Any communications transmitted to or from you in
connection with the CIBC PW Investor Dashboard shall be at your own risk.
VIRUSES
You are responsible
for scanning any and all downloaded materials received from the Internet for
viruses or similar hazards. You agree that CIBC Private Wealth, SEI, and any of
our third party vendors, are not responsible or liable for any damage caused by
such hazards.
You agree that you
will not upload, post, e-mail or otherwise transmit any materials that contain
viruses or any other computer code, files or programs which might interrupt,
limit or interfere with the functionality of the CIBC PW Investor Dashboard or
any other computer software or hardware or telecommunications equipment.
LINKED SITES
The CIBC PW Investor
Dashboard may provide links to third party websites for your convenience in
locating related information and services. Neither we or
SEI maintain any of these other websites and have no control over the
organizations that maintain these websites or the information, products, or
services these organizations provide. Although we and SEI believe that the
information from these organizations is reliable, neither we
or SEI guarantee their accuracy, completeness or suitability for any
purpose. Accordingly, we and SEI expressly disclaim any responsibility for the
content of these other websites, the accuracy of the information on these
websites and/or the quality of products or services provided by the
organizations that maintain them. Neither we or SEI
recommend or endorse these organizations or their products or services in any
way. You are prohibited from linking to this CIBC PW Investor Dashboard from
any other website, from framing any of the materials on this CIBC PW Investor
Dashboard, and/or from suggesting any affiliation or endorsement between you
and either CIBC Private Wealth or SEI.
NO WARRANTY
The information
available via the CIBC PW Investor Dashboard is presented "AS IS" and "AS
AVAILABLE" without express or implied warranties, including but not limited to,
implied warranties of non-infringement, merchantability, and fitness for a
particular purpose. CIBC Private Wealth, SEI, and their third party vendors
expressly disclaim any liability for errors and omissions regarding the
information and materials available via the CIBC PW Investor Dashboard.
CIBC Private Wealth,
SEI, and their third party vendors make reasonable efforts to avoid
technological problems, including, without limitation, the unavailability of
the CIBC PW Investor Dashboard. However, CIBC Private Wealth, SEI, and their
third party vendors are not responsible for any technological problem with the
CIBC PW Investor Dashboard or your use of the CIBC PW Investor Dashboard, and
will not be liable for any impact these problems may have on you. You are
solely responsible for the hardware, software or other technology you use to
access the CIBC PW Investor Dashboard. Reference, pricing or other financial
information regarding an asset may be made available via the CIBC PW Investor
Dashboard or its Output. Neither SEI nor our third party vendors from whom such
information is obtained guarantee the accuracy, timeliness or completeness of such
information, and neither SEI nor any third party from whom such information is
obtained shall be liable to you in any way for the accuracy, completeness or
timeliness of such information.
TIMELINESS OF CONTENT
All content available
on the CIBC PW Investor Dashboard is presented only as of the date indicated,
and may be superseded by market events, other events affecting your Account
outside the control or knowledge of SEI, or other reasons. In addition, you are
responsible for setting the cache settings on your browser to ensure you are
receiving the most recent data. SEI may change or discontinue any portion,
feature or content of the CIBC PW Investor Dashboard at any time with or
without notice.
LIMITATION OF LIABILITY; INDEMNITY
Under no
circumstances, including, but not limited to, negligence, shall CIBC Private
Wealth, SEI, or the third party vendors of CIBC Private Wealth or SEI be liable
for any direct, indirect, incidental, special or consequential or other damages
that result from the use of or inability to use the CIBC PW Investor Dashboard,
even if CIBC Private Wealth, SEI, or their third party vendors have been
advised of the possibility of such damages. To the extent the limitation in the
immediately preceding sentence is found unenforceable under law, you
acknowledge and agree that, in no event, shall CIBC Private Wealth, SEI, or
their third party vendors' total respective liability to you exceed
US$500.
You shall defend,
indemnify and hold harmless CIBC Private Wealth and SEI from and against any
and all losses, liabilities, damages and claims, and all related costs and
expenses (including reasonable legal fees and disbursements and costs and
expenses of investigation and litigation, and costs of settlement, judgment,
interest and penalties) (collectively "Losses") relating to: (i) your failure
to comply with the User Agreement, or (ii) your use of the CIBC PW Investor
Dashboard or use by any other person accessing the CIBC PW Investor Dashboard
through use of your user name and password, except to the extent such Losses
are the result of CIBC Private Wealth's, SEI's, or their third party vendor's
negligence.
SUBMISSION OF INFORMATION
Except as otherwise
explicitly stated in our Privacy Policy, all information transmitted or
otherwise submitted to us via the Site or Mobile App shall become our property
and we shall be free to use such information for any lawful purpose. We cannot
guarantee complete confidentiality of information shared over the Internet. By
transmitting information to the Site or Mobile app you agree to assume that
risk with respect to all data transmitted by you and transmitted by us to you.
We may require your use of certain encryption systems to lessen those risks in
certain transactions.
OTHER PROVISIONS
Neither this User
Agreement nor any portion of it shall be assigned, sublicensed or otherwise
transferred by you without our prior written consent of CIBC Private Wealth and
SEI. Failure of any party to enforce any provision of this User Agreement shall
not constitute or be construed as a waiver of such provision or of the right to
enforce such provision. If any provision of this User Agreement is held to be
unenforceable by a court of competent jurisdiction, the remaining provisions of
this User Agreement shall continue in full force and effect. The parties agree
that communications relating to this User Agreement will be sent via the
Internet and shall constitute a "writing" for purposes of satisfying
legal requirements and complying with the notice provisions in this User
Agreement. CIBC Private Wealth and SEI may broadcast notices or messages
through CIBC PW Investor Dashboard to inform you of changes in these terms and
conditions, your CIBC PW Investor Dashboard, or other matters of importance;
such broadcasts shall constitute notice to you. Unless otherwise indicated,
your continued use of CIBC PW Investor Dashboard will constitute your agreement
to any such changes.
GOVERNING LAW
This User Agreement ,
and all other agreements you may enter into with SEI related to your use of the
CIBC PW Investor Dashboard shall, except as otherwise agreed, be governed by
the laws of the Commonwealth of Pennsylvania. By agreeing to this User Agreement , you hereby consent to the exclusive jurisdiction
of the courts located within the Commonwealth of Pennsylvania.