Terms & Conditions
1. ACCEPTANCE OF TERMS
This agreement (“Agreement”) is between Boston Private Financial Holdings, Inc. and its subsidiaries (collectively, “BPFH”, “we” or “ours”) and you (“you” or “yours”) governs your use of the websites owned and/or operated by us (the “Sites”). By accessing and continuing to access the Sites, you agree to be bound by this Agreement. This Agreement includes any guidelines or rules posted and updated on the Sites from time to time. You understand that your right to use the Sites is derived solely from, and is expressly limited by, this Agreement. You can review the most current version of this Agreement at any time here.
2. OWNERSHIP OF SITES AND RESTRICTIONS ON USE OF CONTENT
The Sites are owned by BPFH. All rights are exclusively reserved to BPFH. You acknowledge that the Sites may contain information, communications, software, photos, text, video, graphics, music, sounds, images and other material and services (collectively “Content”), which are provided by BPFH or by licensors of BPFH. You agree and acknowledge that, notwithstanding that BPFH permits you to access the Content, the Content and its use or the use of these Sites are protected by patents, copyrights, trademarks, and other proprietary rights (including intellectual property rights), that these rights are valid and protected in all media now existing or later developed, and that except as specifically provided in this Agreement, your use of the Content shall be governed and constrained by applicable patent, copyright, trademark and other intellectual property laws. Modification or use of the Sites and/or the Content for any commercial purpose is a violation of patent, copyright and other proprietary rights owned by BPFH and third parties. In addition to BPFH’s and its licensors’ rights in individual elements of the Contents, BPFH owns a copyright in the selection, coordination, arrangement and enhancement of the Content. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into another website, or in any other way exploit the Sites and/or any of the Content, in whole or in part. You agree not to assert any claim of ownership over the Sites, including without limitation, the Content, based on your use.
3. ECONOMIC ANALYSIS AND INVESTMENT RESEARCH
BPFH may provide to you economic analysis and investment research (the “Research”), subject to the following terms. You understand that your use of the Research constitutes your consent to and agreement to abide by these terms. You understand that BPFH and/or its affiliates may have opinions from time to time, and that those opinions may be different than those obtained by using or stated in parts of the Research.
You further understand that no mention of a particular security in the Research constitutes a recommendation to buy, sell or hold that or any other security.
You agree that at all times or from time to time, BPFH, and/or its affiliates and/or its employees may hold positions in the securities or other investment opportunities, which may be mentioned in the Research. You understand that BPFH, and its affiliates may trade for their own account as a market maker, specialist, odd lot dealer, block positioner, arbitrageur, and/or investor and, consequently, that at the time of any transaction that you make, BPFH, or its affiliates or employees may have a position in such securities or other investment opportunities, which position may be partially or completely hedged.
You understand that the data contained in the Research is supplied by sources believed to be reliable, that the calculations are made using such data, and that such calculations are not guaranteed by those sources, BPFH, or any other person or entity, and may not be complete.
5. DISCLAIMER OF WARRANTIES
THE USE OF THE SITES IS SOLELY AT YOUR OWN RISK. THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BPFH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. BPFH MAKES NO WARRANTY THAT THE SITES AND/OR ANY CONTENT THEREIN WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE OR ERROR-FREE OR THAT THE RESULTS THAT MAY BE OBTAINED BY USE OF THE SITES AND/OR ANY CONTENT THEREIN WILL BE ACCURATE OR RELIABLE. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE SITES IS TO CEASE USING THE SITES.
6. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BPFH SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA LOSS, OR OTHER LOSSES (EVEN IF BPFH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SITES, (II) THE COST OF PROCUREMENT OF ANY SUBSTITUTE PRODUCTS AND/OR SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES OBTAINED OR WHICH YOU WERE UNABLE TO OBTAIN OR TRANSACTIONS EFFECTED OR FAILED TO BE EFFECTED, (iii) ANY LINK PROVIDED IN CONNECTION WITH THE SITES, OR (iv) ANY MATTER OTHERWISE RELATED TO YOUR USE OF THE SITES.
7. YOUR CONDUCT ON THE SITES
In the event that BPFH permits you to upload, post, e-mail or otherwise transmit content, data, information or other materials to a chatroom or similar public space (collectively, “User Content”) for display on the Sites otherwise, you will be solely responsible for all such User Content. Likewise, you are responsible for complying with all third party rights with respect to all such User Content that appears on the Sites and agree not to download, email or otherwise transmit such User Content in violation of such third party’s rights, including intellectual property rights. By submitting User Content to BPFH, you automatically grant, or warrant that the owner of such User Content has expressly granted, to BPFH, the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such User Content.
You are expressly prohibited from placing in any User Content any infringing, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racial, ethnic or otherwise objectionable material of any kind, including without limitation, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law (collectively, “Prohibited Conduct”). Prohibited Conduct expressly includes any transmission to people or other entities on mailing lists that you do not have full rights to use. You agree and acknowledge that BPFH is not responsible or liable to you or any other party or user of the Sites for any Prohibited Conduct by you or any other party or user of the Sites. BPFH reserves the right to terminate this Agreement in appropriate circumstances if you engage in any Prohibited Conduct, including infringement of the intellectual property rights of any third party.
You may not collect, solicit or store personal data of other users of the Sites under any circumstances.
You may not, directly or indirectly, intentionally disrupt or interfere with the Sites in any manner that may adversely affect BPFH or any user of the Sites.
You may not upload, post, email or otherwise transmit any material that contains software viruses or any other code, files or programs designed or known to disable, interrupt, or limit the functionality of any computer hardware, computer software, or telecommunications equipment or facilities.
8. YOUR WARRANTIES
By your use of the Sites, you represent and warrant that you have all the rights necessary to receive, use, transmit and disclose all data that you use in any way with the Sites. You further represent and warrant that your and your employees and agents use of the Sites and of any data input into or generated by the Sites shall comply with all applicable laws, regulations and ordinances. You agree and acknowledge that you are solely responsible for any liabilities, fines, penalties or forfeitures occasioned by any such violations or lack of rights.
9. YOUR RESPONSIBILITIES
You agree and acknowledge that you are solely responsible for inputting and retrieving data using the Sites, and for the accuracy and adequacy of information and data furnished using the Sites.
10. DISCLAIMER OF CONTENT
You understand and acknowledge that BPFH assumes no responsibility to screen or review Content and/or User Content that is originated by parties other than BPFH, and that BPFH shall have the right, but not the obligation, in its sole discretion to review, refuse, monitor, edit or remove any Content and/or User Content that is available on the Sites. BPFH expressly disclaims all responsibility or liability to you or any other person or entity for the performance or nonperformance of such Content and/or User Content review. YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME ALL RISK ASSOCIATED WITH THE USE OF ANY AND ALL CONTENT AND/OR USER CONTENT.
11. YOUR SUBMISSIONS
If you contact BPFH with feedback regarding the Sites (e.g., questions, comments, suggestions or the like)(collectively, “User Feedback”), the User Feedback shall be deemed to be non-confidential and BPFH shall have no obligation of any kind with respect to the User Feedback. In addition, you agree and acknowledge that BPFH shall be free to reproduce, use, disclose, display, exhibit, transmit, perform, create derivative works and distribute the User Feedback to others without limitation, and to authorize others to do the same. Further, BPFH shall be free to use any ideas, concepts, know-how or techniques contained in the User Feedback for any purpose whatsoever, including, without limitation, developing, manufacturing and marketing products and other items incorporating the User Feedback. BPFH shall not be liable or owe any compensation for the use or disclosure of the User Feedback.
The Sites may provide, or third parties may provide, links to other web sites. You acknowledge and agree that such links are provided for your convenience and do not reflect any endorsement by (or of) BPFH with respect to the provider of such linked site or the quality, reliability or any other characteristic or feature of such linked site and BPFH is not responsible in any manner (including without limitation with respect to any loss or injury you may suffer) for any matter associated with the linked site, including without limitation, the content provided on or through any such linked site or your reliance thereon. BPFH MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY LINKED SITE. YOUR USE OF ANY LINKED SITE IS SOLELY AT YOUR OWN RISK. In addition, you should be aware that your use of any linked site is subject to the terms and conditions applicable to that site, including the privacy policies (or lack thereof) of such site.
13. JURISDICTIONAL ISSUES
You are responsible for compliance with all local laws, if and to the extent your local laws are applicable. In addition, you consent and submit yourself to jurisdiction in the Commonwealth of Massachusetts in any action arising from this agreement or your use of the Sites. This Agreement and the Sites shall be governed by the law of the Commonwealth of Massachusetts, without regard to principles of conflict of laws.
You agree to defend, indemnify and hold BPFH, its subsidiaries, affiliates, officers, directors, employees and agents, harmless from and against any third party claim, judgment, award, action or demand (“Claim”) and all liabilities and settlements related thereto, including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Sites and/or its Content and/or User Content. BPFH shall provide notice to you promptly of such Claim and shall reasonably cooperate with you, at your expense, in your defense of any such Claim.
15. TRADEMARK INFORMATION
Boston Private Financial Holdings, Inc. is a trademark of Boston Private Financial Holdings, Inc. Boston Private Bank & Trust Company is a trademark of Boston Private Bank & Trust Company. Other trademarks are owned by BPFH or its affiliated entities or are used with the permission of their respective owners. You agree not to use or display trademarks without the prior written consent of BPFH or the owner of such mark.
16. INTELLECTUAL PROPERTY POLICY
Pursuant to the Digital Millennium Copyright Act of 1998, 17 U.S.C. 512(c)(2), if you believe that this Site or the Content infringes upon any intellectual property rights, you may give notice to BPFH’s designated agent. The designated agent for notice of alleged copyright infringement in connection with the Sites is:
Ms. Margaret W. Chambers
Boston Private Financial Holdings, Inc.
Ten Post Office Square
Boston, MA 02109
To file a notice of infringement with BPFH, the requirements specified in Title II of the Digital Millennium Copyright Act of 1998 must be fulfilled. The text of this statute can be found at the U.S. Copyright Office website, located at http://www.copyright.gov.
You understand and agree that BPFH may from time to time establish and revise practices and limitations concerning the Sites and your use of the Sites. You agree that BPFH shall have no liability for the deletion or failure to store any messages and other communications or other Content or User Content maintained on the Sites or transmitted using the Sites. This Agreement constitutes the entire agreement between you and BPFH with respect to the Sites and governs your use of the Sites. You also may be subject to additional terms and conditions that may apply when you use third party content or Site available through the Sites. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. You and BPFH and any of its affiliates, employees, contractors, officers, or directors agree that this Agreement will be governed by the laws of the Commonwealth of Massachusetts, without respect to its conflict of laws provisions, and applicable federal laws and regulations, and that venue with respect to any dispute between you and BPFH will rest exclusively in the state and federal courts located in the Commonwealth of Massachusetts. The failure of BPFH to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or condition. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Sites or this Agreement must be filed within one year after such claim or cause of action arose. BPFH may provide notice to you by email or regular mail. The Sites may also provide notice of changes to this Agreement at any time and from time to time by displaying notices to you on pages of the Sites. The section titles of this Agreement are merely for convenience and will not have any effect on the substantive meaning of this Agreement.
Hyperlinks to third-party Web sites are provided by Boston Private Financial Holdings as a convenience to the user. Boston Private Financial Holdings does not control these sites and is not responsible for the content, update, or accuracy of these sites. Boston Private Financial Holdings does not endorse or make any representation about the companies, products, or materials accessible through these hyperlinks. If you opt to hyperlink to sites accessible through this site, you do so entirely at your own risk.
Collection and Use of Information
In addition, if you are a customer or potential customer of BPFH, or otherwise choose to provide such information, you may provide us, in the course of using the Sites or the services we provide thereon, with various types of nonpublic personally identifiable financial information, including but not limited to:
Information we receive from you on applications or other forms;
Information about your transactions with us, our affiliates, or others;
and Information about you which we receive from a consumer reporting agency.
We refer to all such nonpublic personal information as your “Personal Financial Information.” For example, such Personal Financial Information may include your name, address, social security number, assets, and income, as well as your account balance, payment history, the identity of parties to your transactions, credit card usage, creditworthiness and other information. In order to better serve you, we provide your Personal Financial Information to certain entities with which we have confidentiality agreements, as necessary to process, maintain and service your accounts and/or applications. These entities include financial service providers, such as mortgage bankers or brokers, securities broker-dealers, and insurance agents, and companies which help us provide you with services, such as companies that help us process your information, including information service providers.
Currently, we do not disclose your Personal Financial Information to nonaffiliated third parties, but we do reserve the right to do so in the future. You have the right to direct us not to disclose such information to such non-affiliated third parties. If you prefer that we not disclose your personal financial information to nonaffiliated third parties, you may opt out of those disclosures, that is, you may direct us not to make those disclosures (other than disclosures which are permitted or required by law).
How We Protect Your Personal Financial Information
Other than as set forth herein, we restrict access to Personal Financial Information about you to those employees who need to know that information to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal standards to guard your nonpublic personal information, pursuant to the Security Standards as set forth here.
We reserve the right to perform statistical analyses and profiling of user behavior and characteristics in order to measure interest in and use of the various areas of the Sites and to inform third parties of such information. We will collect only aggregate data from these analyses to third parties; no personally identifiable information will be collected.
Correcting Your Information
By following the simple instructions on the Sites, you may correct or update any of the information you provide to us at any time.
How to Contact Us