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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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
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.
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.