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Terms and Conditions of Use
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. If you choose to access certain
services, such as E-PrivateBanker Online Banking, your use of those
services may be governed instead by agreements governing those specific
services.
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.
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.
Our Privacy Policy may
be viewed below. The terms and conditions of the Privacy Policy
are hereby incorporated by reference herein. The Privacy Policy
also gives you the right, in certain circumstances, to prevent
our disclosure of your nonpublic personal information.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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
Phone: 617-912-1900
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.
Disclaimer
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.
Privacy Policy
The following is the Privacy
Policy of Boston Private Financial Holdings, Inc. and its subsidiaries
(collectively, "BPFH" or "we"). We value your privacy
and recognize the sensitivity of your personal information. Our employees
share the same concerns. Together, we work towards protecting your privacy.
We have carefully crafted our Privacy Policy to address any concerns you
might have, and to assure you that your personal information, including
your financial and account information, will be treated carefully and
appropriately.
The websites that we own and/or
operate (the "Sites") may require you to provide certain personally
identifiable non-financial information in order to use certain functions
of the Sites. By providing such information, you consent to our collection
and use of it, as described in this Privacy Policy and the Terms and Conditions
of Use, of which this Privacy Policy is a part.
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).
Other than as set forth herein,
we restrict access to Personal Financial Information about you to those
employees who need to know thsat 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.
Like most websites, the Sites use "cookies" to allow you
to move more quickly through the Sites. Cookies are small text files
a websites can use to recognize repeat users and facilitate their
ongoing access to and use of the Sites. We will not use cookies to
collect personally identifying information, but only to collect information
related to the characteristics of your computer, or when and how
you reached the Sites. Generally, cookies work by assigning a unique
number to the user that has no meaning outside the assigning Sites.
They do not pose a threat to a user's system or files. We use this
information only for purposes of planning and tracking, as well as
assessing the technical function of the Sites. By understanding how
the Sites are accessed, we can continually improve it to respond
to user's interests. However, Boston Private cannot control the use
of cookies by advertisers or third parties hosting data for Boston
Private. If you do not want information collected through the use
of cookies, there is a simple procedure in most browsers that allows
you to deny or accept the cookie feature. Please note that cookies
may be necessary to enable you to use certain features on the Sites.
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.
The Sites may provide you with links to the websites of third parties.
In the event you choose to access such websites, we are not responsible
for any actions or policies of such third parties. We recommend that
you check the applicable privacy policy of such party before providing
personally identifiable information to it, as its privacy policy
may differ from ours.
By following the simple instructions on the Sites, you may correct
or update any of the information you provide to us at any time.
Any changes to our Privacy Policy will be posted on this page so
that you are always aware of our policies. We may also contact you
by email with any changes.
We invite your comments and questions about the Boston Private Financial
Holdings, Inc. websites, the Sites, your experience with our Sites
and services, and our Privacy Policy. Please contact us at privacy@bostonprivatebank.com
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