Last updated on: November 14, 2018
Use and Acceptance
Modification
Intellectual Property/Authorized Use
Limited License to You
Termination
Market Data
Representations and Warranties
Links to Other Web Sites
Disclaimers
Limitation of Liability
Indemnification
Privacy and Security
Submissions
Entire Agreement/Severability
Jurisdiction/Choice of Law
Contact
General
Apple-Specific Terms and Conditions
USE AND ACCEPTANCE
These Terms of Use are applicable to this mobile application (“Mobile App”) and any tools, products or services offered and/or provided by BNY Mellon, National Association and its affiliates (“BNY Mellon”) through the Mobile App (such tools, products and services, collectively "Services") are offered to you conditioned upon your acceptance without modification of these Terms of Use. By downloading, accessing, or using the Mobile app or any Services, you agree to these Terms of Use. Please read these Terms of Use carefully. If you do not agree to these Terms of Use, or do not have the legal right or authority to accept these Terms of Use, you may not download, access, or use the Mobile App or any Services.
These Terms of Use are in addition to any other agreements between you and BNY Mellon, including any customer or account agreements and other agreements and disclosures that govern your use of Services available via the Mobile App. In addition, the Mobile App may contain additional disclosures governing your usage of the Mobile App and Services.
MODIFICATION
We may revise these Terms of Use from time to time by posting a revised version on this Mobile App without notice to you. You can determine when these Terms of Use were last revised by referring to the “Last Updated” legend at the top of these Terms of Use. You should check these Terms of Use each time you use the Mobile App or Services for such revisions to ensure you agree to them. By using the Mobile App or Services or engaging in any of the activities described in these Terms of Use after changes have been made to these Terms of Use, you are agreeing to accept and comply with those changes. In the event of such changes, you have the right to discontinue your use of the Mobile app, which is your sole remedy.
INTELLECTUAL PROPERTY/AUTHORIZED USE
The Mobile App and Services contain copyrighted works, trademarks and other proprietary material owned by BNY Mellon or third party providers. BNY Mellon and our providers own all rights, title and interest in and to the Mobile App, all the content, data and materials thereon, the look and feel, design and organization of the Mobile App, and the compilation of the content, data, and materials on the Mobile App, including all intellectual property and proprietary rights therein.
You may use the material available from the Mobile App and Services for informational purposes only. You may print copies of pages from the Mobile App for your personal purposes, provided that each copy includes any copyright, trademark or service mark notice or attribution as they appear, on the pages copied. The availability of third party material on the Mobile App is not to be used as a substitute for a license or services agreement directly with the relevant third party provider. Except as stated above, you may not copy, reproduce, publish, post, transmit, display, store, sublicense, transfer or distribute material from the Mobile App or Services without BNY Mellon’s express written permission and that of our third party providers, as applicable ("Permission").
You also may not:
- modify, alter, revise, paraphrase, omit, or change any material on or from the Mobile App or Services without Permission;
- create derivative works, whether based in whole or in part upon the material on the Mobile App or Services, or any portion thereof, without Permission;
- modify, amend, reduce the size of or in any way obscure any warning, notice, liability limitation, or other license provision in material on or from the Mobile App or Services;
- use the Mobile App or Services, or any material on or from the Mobile App or Services, in violation of applicable law, these Terms of Use or such other agreements you have with BNY Mellon;
- reverse engineer, decompile or disassemble any portion of the Mobile App, except where such restriction is expressly prohibited by applicable law;
- link to or use for any public or commercial purpose material on or obtained from the Mobile App or Services without Permission; or
- engage in unauthorized use of the Mobile App and Services, including but not limited to unauthorized entry into BNY Mellon systems, misuse of passwords, or misuse of any material on or obtained from the Mobile App or Services.
Doing any of the acts listed above may constitute an infringement of BNY Mellon and/or a third party’s copyright and other intellectual property and/or may constitute an infringement of laws, rules or applicable regulations.
Nothing contained on the Mobile App or Services should be construed as granting, by implication, estoppel or otherwise, any license or right in and to BNY Mellon’s trademarks or copyrighted material.
LIMITED LICENSE TO YOU
The Mobile App is licensed, not sold, to end users. Subject to the terms and conditions of these Terms of Use, we hereby agree to permit you, on a worldwide, non-exclusive, revocable, non-transferable, non-sublicensable, limited basis, to install and use the Mobile App on an Internet-connected mobile device (“Mobile Device”) that you own or that is in your possession and control. Use of the Mobile App on such Mobile Device shall be subject to strict compliance with the terms and conditions of these Terms of Use; any applicable usage rules set forth in the Terms of Service governing the Apple App Store; and any other restrictions on the use of apps made available by Apple Inc. (“Apple”). If you fail to comply with any of the foregoing, this Agreement (including the foregoing permission to use the Mobile App) will automatically terminate, whereupon you shall immediately cease using the Mobile App and remove (i.e., uninstall and delete) the Mobile App from your Mobile Device. You are solely responsible for any violation of any applicable laws that results from your failure to abide by the terms of this Agreement. All rights not expressly granted to you hereunder are reserved to BNY Mellon and its licensors.
PLEASE NOTE THAT UNAUTHORIZED USE OF THE MOBILE APP (INCLUDING ANY SOFTWARE USED TO MAKE THE MOBILE APP AVAILABLE) MAY SUBJECT YOU TO MONETARY DAMAGES AND OTHER CIVIL AND CRIMINAL PENALTIES INCLUDING FOR COPYRIGHT INFRINGEMENT.
You acknowledge and agree that you (and not BNY Mellon) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use the Mobile App, and for paying all charges related thereto.
TERMINATION
We reserve the right, in our sole discretion, to prohibit access to anyone whom we determine is violating these Terms of Use, restricting or inhibiting any other user from using or enjoying the Mobile App or Services, or whose conduct we reasonably determine may constitute a criminal offense, give rise to civil liability, or otherwise violate applicable law. You agree that BNY Mellon shall not be liable to you or any third party for any termination of your access to or use of the Mobile App or Services. Upon termination, your right to use the Mobile App will immediately cease. You agree that in the event of any suspension, restriction or termination of your access to or use of the Mobile App, BNY Mellon may immediately deactivate or delete any user name and/or password used by or provided to you and all related information and files associated therewith, and/or bar any further access to such information or files. The terms of the “Intellectual Property/Authorized Use”, “Disclaimer”, “Limitation of Liability” and “Indemnification” sections herein shall survive any expiration or termination of these Terms of Use.
MARKET DATA
You understand and agree that: (1) The proprietary rights to all market data contained in this Mobile App (e.g. last sales prices, bids offers, industry classification information, performance data and related information provided to You) (“Market Data”) belong to BNY Mellon or its third party data providers (“Data Disseminators”) (i.e., the various securities markets such as the NYSE, American Stock Exchange and NASDAQ and other entities that make, or assist in making, Market Data available to You): (2) neither BNY Mellon, its affiliates nor any Data Disseminator guarantees the timelines, sequence, accuracy or completeness of Market Data or other messages that the Data Disseminator may disseminate; (3) Neither BNY Mellon, any of its affiliates, nor any Data Disseminators shall have any liability to you or to any other person for any loss or damage arising from inaccuracies, errors, omissions, delays, interruptions or non-performance, whether due to any negligent act or omission of any Data Disseminator or BNY Mellon or any of its affiliates, any cause beyond their reasonable control, or otherwise; (4) neither BNY Mellon, its affiliates nor any Data Disseminator may be held liable for any discontinuance on the provision of Market Data nor for any change in the manner of distribution for any reason; (5) Market data is made available for Your own individual use and You are prohibited from furnishing it to any other person or entity; (6) BNY Mellon may terminate Your access to any or all Market Data, or any Data Disseminator may terminate your authorization to receive Market Data, at any time; (7) Data Disseminators are third party beneficiaries under this agreement and are entitled to enforce this agreement by legal proceeding or otherwise against You or any person that gains access to or uses Market Data other than as this agreement contemplates. You shall pay the reasonable attorney’s fees that any Data Disseminator may incur in so enforcing this agreement; and (8) nothing in this Agreement should be deemed as a solicitation or recommendation to buy or sell any securities or options.>/p>
REPRESENTATIVES AND WARRANTIES
By downloading, accessing and/or using the Mobile App and/or by click-accepting these Terms of Use, you represent and warrant that (i) you can form a binding contract with BNY Mellon; (ii) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and you are not listed on any U.S. Government list of prohibited or restricted parties; and (iii) you will comply with these Terms of Use and all applicable laws.
LINK TO OTHER WEBSITES
The Mobile App may provide links to other websites that we think might be of interest to our users ("Linked Sites"). Links to Linked Sites are provided only as a convenience to users of the Mobile App. Please note that when you click on a Linked Site, you may be moving to another provider's website. These Linked Sites and their providers are not controlled by BNY Mellon and BNY Mellon is not responsible for the contents or the operation of any Linked Site. The inclusion of any Linked Site does not imply endorsement of the Linked Site or its provider by BNY Mellon. We encourage you to read the terms of use and privacy statements of these Linked Sites as their policies may differ from ours.
DISCLAIMERS
The information on the Mobile App is for information purposes only and is not intended as an offer or solicitation for the purchase of any security or any financial instrument or banking product. The information contained on the Mobile App and the Services are subject to change without notice. WE SPECIFICALLY DISCLAIM ANY AND ALL LIABILITY OR LOSS ARISING OUT OF ANY ACTION TAKEN IN RELIANCE ON THIS INFORMATION. Any Services fees, charges, interest rates, and balance requirements may differ among geographic locations. Not all Services are offered in all countries.
YOU UNDERSTAND AND AGREE THAT THIS MOBILE APP AND THE SERVICES ARE PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS. BNY MELLON AND ANY THIRD PARTY PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES REGARDING SECURITY, CURRENCY, CORRECTNESS, QUALITY, ACCURACY, COMPLETENESS, RELIABILITY, PERFORMANCE, TIMELINESS OR CONTINUED AVAILABILITY, WITH RESPECT TO (i) THE MOBILE APP; (ii) ANY SERVICES AVAILABLE ON OR THROUGH THE MOBILE APP ; AND (iii) YOUR USE OF THE MOBILE APP OR SERVICES AND THE RESULTS OF SUCH USE. FURTHER, BNY MELLON AND ANY THIRD PARTY PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES WITH RESPECT TO ANY DELAYS OR ERRORS IN THE TRANSMISSION OR DELIVERY OF ANY SERVICES AVAILABLE THROUGH THE MOBILE APP. BNY MELLON AND THIRD PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTY THAT THE MOBILE APPP WILL BE AVAILABLE ON A TIMELY BASIS; THAT ACCESS TO THE MOBILE APP WILL BE UNINTERRUPTED OR SECURE; THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE MOBILE APP OR THE SERVERS OR NETWORKS THROUGH WHICH THE MOBILE APP ARE MADE AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER WE NOR ANY RETAILER THROUGH WHICH YOU OBTAINED THE MOBILE APP SHALL HAVE ANY OBLIGATION TO FURNISH ANY MAINTENANCE AND/OR SUPPORT SERVICES WITH RESPECT TO THE MOBILE APP.
Any statements and opinions expressed on the Mobile App are as of the date of publication, are subject to change as economic and market conditions dictate, and are those of the author(s) and do not necessarily represent the views of BNY Mellon. Some content on this Mobile App may be provided by third party providers, which we consider to be reliable but have not independently verified. We do not guarantee that it is accurate or complete
EXCEPT AS PROVIDED BY LAW, NEITHER BNY MELLON NOR ANY THIRD PARTY HAS ANY RESPONSIBILITY TO MAINTAIN THE INFORMATION OR SERVICES OFFERED ON THE MOBILE APP OR TO SUPPLY CORRECTIONS OR UPDATES TO THE SAME
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG IMPLIED WARRANTIES LAST OR THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES; IN SUCH EVENT, SUCH DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
LIMITATION OF LIABILITY
BY ACCESSING THE MOBILE APP OR RECEIVING SERVICES, YOU AGREE TO WAIVE ALL CLAIMS AGAINST US AND ALL THIRD PARTY PROVIDERS REGARDING THE MOBILE APP, THE SERVICES AND YOUR USE THEREOF. YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE MOBILE APP OR ITS SERVICES BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, TRADING LOSSES, GOOD WILL, BUSINESS INTERRUPTION, SAVINGS OR DATA, EQUIPMENT OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM (1) THE RELIANCE ON, USE OF OR INABILITY TO USE THE MOBILE APP OR ANY SERVICES; (2) THE CONSEQUENCES OF ANY DECISION MADE OR ACTION OR NON-ACTION TAKEN BY YOU OR BY ANYONE TO WHOM YOU COMMUNICATE INFORMATION DERIVED FROM THE MOBILE APP OR SERVICES, OR FOR ANY ERRORS BY YOU IN COMMUNICATING SUCH INFORMATION; (3) THE COST OF SUBSTITUTE SERVICES; (4) FORCE MAJEURE AND ANY SIMILAR EVENTS THAT ARE BEYOND OUR REASONABLE CONTROL; (5) UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSION OR DATA OR FOR ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED; (6) YOUR FAILURE TO COMPLY WITH THESE TERMS OF USE; OR (7) ANY OTHER MATTER RELATING TO THE SERVICES OR DISTRIBUTION OF SERVICES THROUGH THE MOBILE APP. WE SHALL NOT BE LIABLE FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY ARISING FROM ANY USE OF THE MOBILE APP OR SERVICES. WE CANNOT AND WILL NOT ASSUME ANY LIABILITY FOR UNAUTHORIZED OR FRAUDULENT USE OF THE MOBILE APP AND ANY SERVICES.
OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE OR CLAIM RELATED TO THESE TERMS OF USE, THE MOBILE APP OR ANY SERVICES IS YOUR CESSATION OF THE USE OF THE MOBILE APP AND ANY AND ALL SERVICES.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless BNY Mellon and its third party providers, and each of its and their officers, directors, employees, and agents, from and against all claims, demands, liabilities, damages, losses or expenses, including reasonable attorneys' fees, relating to any information you submit, post to or transmit through the Mobile App, your use of the Mobile App or Services, your connection to the Mobile App, your violation of these Terms of Use or any harm you cause another user of the Mobile App or Services.
PRIVACY AND SECURITY
BNY Mellon respects our customers' privacy. For more information please read our Mobile App Privacy Statement posted on the Mobile App.
We utilize reasonable security technologies to protect sensitive information. However, the security of this information depends in part on the security of the Mobile Device you use to communicate with us, the security you use to protect User IDs and passwords, and the security provided by your internet access services provider. We are not responsible for the security of your internet access services provider; you should review the security and privacy policies of your internet access services provider carefully. Information that you access via this Mobile App may be stored on your Mobile Device during your session for your convenience. If others have access to your computer or your User ID and password, they may be able to access this information. In any area of the Mobile App requiring a password, you should log off the Mobile App when you are done viewing information or whenever you leave your computer. We are not responsible for the security or privacy of information communicated to or from such Mobile Device. Finally, you should keep any correspondence you receive relating to this Mobile App or the Services (including, but not limited to, your User ID, passwords, other registration information, emails, order information, or any other information) confidential and in a safe place.
SUBMISSIONS
You must provide true, accurate, current and complete information about yourself when you elect to provide personal information to us. You also must maintain and promptly update any such information to keep it accurate. Other than information addressed under our Mobile App Privacy Statement , any and all comments, suggestions, ideas, graphics, or other information that you transmit or post to the Mobile App becomes and will remain our property and may be used by us anywhere, anytime and for any reason whatsoever. Except as may be provided in the Mobile App Privacy Statement , any information or materials submitted to us will be treated as non-confidential and non-proprietary, and we will not have any obligation to use or evaluate any information we receive from you. We will not have to pay you or anyone else for using any ideas or other materials that you may transmit to or post on the Mobile App.
ENTIRE AGREEMENT/SEVERABILITY
These Terms of Use contain your entire agreement with us regarding this Mobile App and Services, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and us with respect to the Mobile App or Services. In the event of a conflict between these Terms of Use and any customer agreement between you and us relating to Services, the applicable customer agreement shall prevail. If any provision of these Terms of Use is deemed illegal or unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions.
JURISDICTION/CHOICE OF LAW
Your access to and use of the Mobile App and Services, and these Terms of Use, are governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. You expressly and irrevocably agree that exclusive jurisdiction and venue for any claim or dispute with us, our employees, contractors, officers, directors, and content providers or relating in any way to your use of the Mobile App or Services resides in the state or federal courts in the borough of Manhattan, New York, New York and you further irrevocably agree and expressly and irrevocably consent to the exercise of personal jurisdiction in those courts over any action brought under these Terms of Use. WE AND YOU HEREBY WAIVE THE RIGHT OF TRIAL BY JURY IN ANY ACTION ARISING OUT OF OR RELATED TO THE MOBILE APP, SERVICES OR THESE TERMS OF USE.
CONTACT
If you have any questions relating to these Terms of Use, the Mobile App , the Services, or BNY Mellon, National Association and its affiliates, please contact us
GENERAL
You may not assign, transfer or sublicense any of your rights or obligations under these Terms of Use. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Each party acknowledges that, in entering into Terms of Use it has not relied on, and (in the absence of fraud) shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in Terms of Use. Notices to you may be made by posting a notice (or a link to a notice) to the Mobile App, by email, or by regular mail, at BNY Mellon’s discretion. Without limitation, you agree that a printed version of Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. These Terms of Use are entered into by and between, and may be enforced only by, you and BNY Mellon, and these Terms of Use shall not be deemed to create any rights in third parties other than the parties' permitted successors and assigns; any indemnified parties; and Apple (pursuant to the terms of the Apple-Specific Terms and Conditions section below). The Mobile App is not intended to subject BNY Mellon to the laws or jurisdiction of any state, country or territory other than those of the United States.
APPLE-SPECIFIC TERMS AND CONDITIONS
You acknowledge and agree to the following provisions with respect to your use of the version of the Mobile App that is compatible with the iOS operating system of Apple. You acknowledge and agree that these Terms of Use are solely between you and BNY Mellon, and not with Apple. Apple does not own and is not responsible for the Mobile App. APPLE IS NOT PROVIDING ANY WARRANTY FOR THE MOBILE APP, EXCEPT, IF APPLICABLE, TO REFUND THE PURCHASE PRICE FOR THE MOBILE APP. APPLE IS NOT RESPONSIBLE FOR MAINTENANCE OR OTHER SUPPORT SERVICES FOR THE MOBILE APP, AND SHALL NOT BE RESPONSIBLE FOR ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES WITH RESPECT TO THE MOBILE APP, INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY PRODUCT LIABILITY CLAIMS, CLAIMS THAT THE MOBILE APP FAILS TO CONFORM TO ANY APPLICABLE LEGAL OR REGULATORY REQUIREMENT, CLAIMS ARISING UNDER CONSUMER PROTECTION OR SIMILAR LEGISLATION, AND CLAIMS WITH RESPECT TO INTELLECTUAL PROPERTY INFRINGEMENT. Any inquiries or complaints relating to the use of the Mobile App or pertaining to intellectual property rights should be directed to the contact information provided in the “Contact Us” section above. The license you have been granted herein is limited to a non-transferable license to use the Mobile App on an Apple-branded product which runs Apple’s iOS operating system and is owned or controlled by you, as permitted by the Usage Rules set forth in Apple’s App Store Terms of Service. In addition, you agree to comply with the terms of any third party agreement that is applicable to you when using the Mobile App, such as your wireless data service agreement. You hereby represent and warrant (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties. You acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement and that, upon your acceptance of the terms and conditions of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary thereof.
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