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Last Updated October 19, 2020
These B|O|S Compass Terms of Use (“Terms of Use”) are entered into by and between you and Bingham, Osborn & Scarborough, LLC doing business as B|O|S (“B|O|S,” “we,” “us” or “our”). These Terms of Use govern your use of, access to, and rights and responsibilities in connection with, B|O|S Compass, including any services related thereto provided to you by B|O|S ( collectively, “B|O|S Compass”). We ask that you read these B|O|S Compass Terms of Use, and any other agreements, terms or policies linked or referenced herein, carefully before registering for or using B|O|S Compass. B|O|S provides B|O|S Compass to you subject to your agreement to and continued compliance with these Terms of Use.
By registering for and/or using B|O|S Compass, you agree that you have read and understand these Terms of Use and that you accept, consent to and agree to be bound by and abide by these Terms of Use, our Website Terms of Use (defined below) and our Website Privacy Policy (also defined below) and any other agreements, terms or policies linked or referenced in these Terms of Use (all of such terms, collectively, the “B|O|S Terms”). Your act of registering as a user and logging into B|O|S Compass will constitute your legally binding agreement to the B|O|S Terms. If you do not agree to all of the terms and provisions of the B|O|S Terms (including these Terms of Use), please do not register for or use B|O|S Compass.
Other Terms That May Apply to You
Changes to Terms of Use
B|O|S reserves the right to change or modify any of the B|O|S Terms at any time (except to the extent otherwise provided in any of such terms or policies), by posting the new agreement or policies to B|O|S Compass. Any such modifications shall become effective immediately. You are responsible for regularly reviewing B|O|S Compass to keep yourself apprised of any changes. Your continued use of B|O|S Compass after such new or modified terms have been posted will be deemed to be acceptance of any changes to these Terms of Use or any other posted policies or agreements included in the BOS Terms.
Permitted Users
These Terms of Use apply to all registered users of B|O|S Compass, regardless of whether such users are B|O|S clients. By registering as a user or logging into B|O|S Compass, you represent that: (i) you are either (a) a client of B|O|S, (b) a prospective client of B|O|S who has requested access to B|O|S Compass to share information with B|O|S and/or receive information from B|O|S, or (c) a representative of a client or prospective client who is authorized to access B|O|S Compass on behalf of a client or prospective client; (ii) you are at least eighteen (18) years of age; and (iii) you have the right and ability to enter into these Terms of Use and to access the Content (as defined below). B|O|S may use the information you provide during the registration process to verify your identity and authorization.
Privacy and Data Security
If you are a client of B|O|S, you acknowledge that you have received a copy of our Client Privacy Notice, and we will adhere to the Client Privacy Notice with respect to any personal information you provide us. If you are a prospective client of B|O|S, you acknowledge that any personal information you provide to us will also be governed by the Client Privacy Notice. A copy of the Client Privacy Notice is available at: https://www.bosinvest.com/privacy-notice/.
If you are a representative of a client or prospective client of B|O|S who is authorized to access B|O|S Compass on behalf of a client or prospective client, you acknowledge that any Authorization Information you provide to us through B|O|S Compass will be subject to the section below titled “Additional Users — Personal Information.” Other information you provide to us may be governed by the Website Privacy Policy, which is available at https://www.bosinvest.com/privacy/, as applicable.
To help protect your personal information from unauthorized access and use, we maintain security standards and procedures that comply with federal law. As discussed above, we use Black Diamond to provide B|O|S Compass to users, and we believe Black Diamond utilizes security measures consistent with industry standards. However, no absolute assurance can be made with respect to the security of any information transmitted to or from, or stored on, an online cloud-based portal such as B|O|S Compass.
We may gather general, non-identifying data and statistics regarding the use of B|O|S Compass, we may use such information, and we may share it with our third-party service providers for our internal planning, B|O|S marketing, or other business purposes, but we will not sell such usage information to any other party for their own marketing or other purposes.
B|O|S Compass Registration Information and Requirements
When you register for B|O|S Compass, we will ask you to give us certain personally identifying information, which may include your name, email address, and other similar information (“Authorization Information”). You agree to provide true, accurate, current and complete information about yourself. You also agree not to impersonate any person or entity, misrepresent any affiliation with another person, entity or association, use false headers or otherwise conceal your identity from B|O|S for any purpose. For your protection and the protection of our clients and other B|O|S Compass users, we ask you not to share your Authorization Information (including passwords, usernames, and other similar credentials) with any other person for the purpose of facilitating any unauthorized access or use of B|O|S Compass. You are responsible for activities that occur through the use of B|O|S Compass with your Authorization Information. If you believe that someone has used your Authorization Information to access B|O|S Compass without your consent, please contact B|O|S immediately.
Additional Users
If you are a client or prospective client of B|O|S, you have the authority to designate one or more additional user(s) to have access to your B|O|S Compass account and other information available through B|O|S Compass (“Additional Users”). When you designate an Additional User, B|O|S will enable their access to B|O|S Compass and they will have access to all information that may be accessed by you through B|O|S Compass and they may provide us information on your behalf through B|O|S Compass. Once you have designated an Additional User, you are responsible for promptly informing us in writing of any changes to your designated Additional Users, including the addition of an Additional User or the discontinuation of any Additional User’s access. You will otherwise maintain control of your Authorization Information in order to ensure only those who are authorized to access B|O|S Compass may do so. You are responsible for the use of B|O|S Compass by your Additional Users. Do not designate anyone as an Additional User if you do not want such person to have access to your B|O|S Compass account and your other information available through B|O|S Compass.
If you are registering for or accessing B|O|S Compass as an Additional User, in addition to the other terms and conditions of these Terms of Use, you hereby agree that you will (i) retain all information obtained through B|O|S Compass in strictest confidence and in compliance with any applicable laws, regulations, professional obligations, and other similar obligations, and (ii) use such information and B|O|S Compass only as expressly authorized by the B|O|S client or prospective client who has designated you as an Additional User.
Additional Users – Personal Information
If you are an Additional User, we will also collect Authorization Information about you, which (as described above) may include personally identifying information such as your name, email address, and other similar information. By registering for and/or using B|O|S Compass, you hereby acknowledge, understand, and agree that B|O|S may (1) use your Authorization Information as necessary to provide and improve B|O|S Compass and (2) disclose your Authorization Information to improve B|O|S Compass, to provide B|O|S Compass to you, to fulfill the purpose for which you have provided your Authorization Information to us (or any other purpose disclosed by us when you provide the Authorization Information), with your consent, or otherwise as consistent with, or reasonably necessary to comply with, applicable law or regulations; provided, however, that the foregoing limitations on use and disclosure shall not apply to the extent any Authorization Information is publicly-available, and/or B|O|S has already received any Authorization Information from you other than through B|O|S Compass. In addition, as noted above, other information you provide to B|O|S may be governed by the Website Privacy Policy, as applicable.
Copyright
As between you and B|O|S, B|O|S owns all right, title and interest, including any copyright, intellectual property or other proprietary rights, in and to the material on B|O|S Compass and all pages within B|O|S Compass (including any attached or linked publications or other material), including the images and their arrangement and all text, individually and as a compilation, data supplied to you and any other content on B|O|S Compass (collectively “Content”). All rights are reserved. Except with respect to Additional Users (who may only use B|O|S Compass as described herein), these Terms of Use permit users to use B|O|S Compass for personal, non-commercial use only. In addition, you may not copy the Content, and you may not upload, post, publish, transmit or distribute it in any way (whether electronically or otherwise) or create other works based on it, without our prior written consent, except that the following are permitted for your personal information or use consistent with these Terms of Use: (a) copies made incidentally in the ordinary course of your use of B|O|S Compass (such as in cache memory), (b) download of your account information to Excel or other appropriate programs on your computer, and (c) a reasonable number of printed or electronic copies, provided you do not delete or change any copyright, trademark or other similar notices. Title to and all intellectual property rights or other proprietary rights in the Content belong to B|O|S and its affiliates, licensors or other providers of such information, as applicable.
Third Party Information Providers
Certain content on B|O|S Compass is provided to B|O|S from third parties, such as account custodians, mutual funds and investment companies, vendors, indices or other information providers (“Third Party Providers” and such content, “Third Party Information”). Third Party Information may be embedded in other information or Content and is subject to these Terms of Use. B|O|S believes the Third Party Information to be reliable, but B|O|S cannot guarantee and does not independently verify the accuracy of such information. Accordingly, B|O|S makes no representations or warranties of any kind, either express or implied, with respect to any Third Party Information.
Service Marks
“Bingham, Osborn & Scarborough” and “Investing with Vision” are service marks or trademarks of B|O|S (whether or not such marks are federally-registered). B|O|S may also have service mark or trademark rights in logos or other marks contained in B|O|S Compass. In addition, the look and feel of B|O|S Compass constitute the service marks, trademarks and/or trade dress of B|O|S and, except as expressly provided herein, may not be copied, imitated or used, in whole or in part, without the prior written permission of B|O|S. Other trademarks, service marks and logos used on B|O|S Compass may be the trademarks, service marks or logos of Third Party Providers, our licensors or service providers, or other owners. You agree not to use or display any of the service marks, trademarks or logos found on B|O|S Compass without the prior written consent of B|O|S or the relevant owner of such mark (except in the ordinary course of your use of B|O|S Compass consistent with the terms set forth under “Copyright” above).
Prohibited Uses
You agree to use B|O|S Compass only for lawful purposes and in accordance with these Terms of Use. You agree not to use B|O|S Compass:
You also agree not to:
GENERAL DISCLAIMER
The information and Content on B|O|S Compass is intended solely for informational purposes, and should not be construed as investment advice, relied upon as a recommendation to take any action, or construed as an endorsement of any investment strategy, except to the extent any Content constitutes an express request for your approval.
The information and Content on B|O|S Compass is not intended to replace the periodic statement of activity you receive from your respective custodians. Your official trade confirmations and account statements from your custodian are the official records of your account. It is your responsibility to verify any information on B|O|S Compass before relying on it. In the event that an inaccuracy comes to your attention, please inform B|O|S immediately.
WARRANTY AND OTHER DISCLAIMERS
B|O|S Compass, including any information or Content contained within it or any site-related service, is provided “AS IS” and “AS AVAILABLE,” with no representations or warranties of any kind, either express or implied, including, but not limited to, the implied warranties of fitness for a particular purpose, title and non-infringement, and quality of information. B|O|S makes no warranty that B|O|S Compass and/or any Content therein will meet your requirements, or will be uninterrupted, timely, secure, current, accurate, up-to-date, complete or error-free, and you assume total responsibility and risk for your use of B|O|S Compass. B|O|S provides no guarantee against the possibility of deletion, misdelivery or failure to store communications, personalized settings, or other data. B|O|S expressly disclaims all liability for errors or omissions in, or the misuse or misinterpretation of, any information contained in B|O|S Compass. B|O|S may change or update information or Content contained on B|O|S Compass at any time but has no commitment or obligation to update such information or Content at any time or on any specific schedule. The foregoing does not affect any warranties that cannot be excluded, disclaimed or limited under applicable law.
INVESTMENT DISCLAIMERS
The Content is for informational purposes only and is not intended to be used as a general guide to investing or financial planning, or as a source of any specific recommendations (unless otherwise expressly stated), and makes no implied or express recommendations concerning the manner in which any individual’s account should or would be handled (except to the extent any Content constitutes an express request for your approval), as appropriate strategies depend upon each individual’s specific objectives. It is the responsibility of any person or persons in possession of this material to inform himself or herself of, and to seek appropriate advice regarding, any investment or financial planning decisions, legal requirements, and taxation regulations which might be relevant to the topics and information available on B|O|S Compass or the purchase, subscription, holding, exchange, redemption, or disposal of any investments.
The portfolio risk management process includes an effort to monitor and manage risk, but does not imply low risk. Past performance is not indicative of future results, which may vary. The value of investments and the income derived from investments can go down as well as up. Future returns are not guaranteed, and inherent in any investment is the potential for loss.
Returns are typically presented after B|O|S advisory fees and as of the previous business day, but in some instances returns may be presented before B|O|S advisory fees (e.g., if a client pays such fees from an account not managed by B|O|S) or as of a different date than the previous business day (e.g., if a custom date range is selected). Management fees are typically deducted at the time they are paid. Investment returns typically include changes in the value of holdings, interest, and dividends and are net of applicable transaction fees. Sales charges and/or other fees may not be reflected in performance calculations. Market indices, such as the S&P 500, cannot be invested in directly and investments designed to track indices will incur expenses that lower returns compared to the returns of the indices themselves. Cash equivalents may include money market funds that seek to maintain a $1.00 per share price; there is no assurance that these funds will be able to maintain a stable net asset value of $1.00 per share price. Additional detail may be provided in disclosures on B|O|S Compass.
The opinions expressed on B|O|S Compass are current opinions, as of the date they are posted only. Such opinions are not reliable as fact and are subject to change, but B|O|S has no obligation to update such opinions. In addition, it is possible that B|O|S Compass could include typographical or other inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to B|O|S Compass by third parties. The Content is provided with the understanding that you are solely responsible for assessing the accuracy, completeness and relevance of the Content.
The Content does not constitute a solicitation in any jurisdiction in which such a solicitation is unlawful or to any person to whom it is unlawful. Moreover, the Content neither constitutes an offer to enter into an investment agreement with the recipient nor an invitation to respond by making an offer to enter into an investment agreement.
Market Value of Priced Securities; Unrealized Gain/Loss; Performance Report Data
The value of your investments reflected on B|O|S Compass represents the total estimated market value of the priced securities listed in your portfolio and does not reflect real-time information. Third Party Provider pricing vendors provide securities prices that they believe to be accurate and reliable, but B|O|S does not independently verify or guarantee that those prices are accurate. The majority of securities recommended by B|O|S are priced daily, however you may own securities that are priced less frequently (e.g., monthly, quarterly, or irregularly). Pricing information on certain securities may not be available and discrepancies may occur. Securities that have not been priced may not be included in the portfolio value amount. Prices are intended as estimates of portfolio value only. We believe these estimated prices are satisfactory for most informational portfolio valuation needs. If you would like to discuss the estimated market value of your account holdings for the purpose of making any investment decision, please contact your custodian or B|O|S team.
Content may be updated or corrected from time to time. Please refer to your periodic account statement provided by your respective custodian for the most accurate information.
“Cost Basis,” “Unit Cost,” and “Unrealized Gain/Loss” may be calculated and displayed when cost-basis data is supplied. Unrealized Gain/Loss is calculated using prices and cost basis, which are provided by Third Party Provider pricing vendors. We cannot guarantee the accuracy of such cost basis or price data. This information is not intended to replace the periodic account statement or tax reporting information you receive from your custodians, and should not be used for tax reporting purposes. If you require further information, please contact your B|O|S team.
Markets and Market Data
B|O|S Compass may include market information provided by Third Party Providers (“Market Information”). Such Market Information may include financial market data, quotes, news, analyst opinions, and research reports. If provided, Market Information is Content subject to the entirety of these Terms of Use. In addition and without limiting anything in these Terms of Use, we want to emphasize certain cautions and limitations with respect to the Market Information. B|O|S does not endorse or approve the Market Information, and we may make it available to you only as a service and convenience. You are cautioned not to rely on Market Information in making any investment decisions. B|O|S and our Third Party Providers do not (1) guarantee the accuracy, timeliness, completeness or correct sequencing of the Market Information, or (2) warrant any results from your use or reliance on the Market Information. Market Information may quickly become unreliable for various reasons including, for example, changes in market conditions or economic circumstances. Neither B|O|S nor the Third Party Providers are obligated to update any information or opinions contained in any Market Information, and we may discontinue offering Market Information at any time without notice. You agree that neither B|O|S nor the Third Party Providers will be liable in any way for the termination, interruption, delay, or inaccuracy of any Market Information. You will not redistribute or facilitate the redistribution of Market Information, nor will you provide access to Market Information to anyone who is not authorized by B|O|S to receive Market Information. If you are a securities broker, dealer, banker, or investment advisor, you agree not to use the Market Information provided by B|O|S for any purpose related to your business or for any other commercial purpose.
MSCI Data
This Website may also include data provided by MSCI Inc. (“MSCI”). Neither MSCI nor any other party involved in or related to compiling, computing or creating the MSCI data makes any express or implied warranties or representations with respect to such data (or the results to be obtained by the use thereof), and all such parties hereby expressly disclaim all warranties of originality, accuracy, completeness, merchantability or fitness for a particular purpose with respect to any of such data. Without limiting any of the foregoing, in no event shall MSCI, any of its affiliates or any third party involved in or related to compiling, computing or creating the data have any liability for any direct, indirect, special, punitive, consequential or any other damages (including lost profits) even if notified of the possibility of such damages. No further distribution or dissemination of the MSCI data is permitted without MSCI’s express written consent.
Limitation of Liability
You expressly understand and agree that neither B|O|S, the Third Party Providers, nor their respective owners, officers, employees, agents or affiliates, shall be liable for any direct, indirect, incidental, special, consequential, exemplary, punitive or other damages, including without limitation damages for loss of profits, goodwill, use, data loss, or other losses (even if B|O|S or such Third Party Provider has been advised of the possibility of such damages) resulting from: (i) your use or inability to use B|O|S Compass or reliance on the Content (ii) any link provided in connection with B|O|S Compass, (iii) any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, worm, trojan horse or similar matter, or any system failure, (iv) any unauthorized user or hacker gaining access to or damaging data, or (v) any other matter related to your use of B|O|S Compass. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not fully apply to you, but shall apply to the fullest extent allowed under applicable law.
Indemnification
You agree to defend, indemnify and hold B|O|S and our officers, employees, members, agents and affiliates, harmless from and against any and all claims, losses, liability costs and expenses (including but not limited to attorneys’ fees) arising from your violation of these Terms of Use or any misuse of B|O|S Compass. This obligation will survive the termination of these Terms of Use.
Links to Third-Party Sites
Certain hyperlinks to third-party websites are provided on B|O|S Compass as a convenience to the user. If you opt to hyperlink to any such websites, you understand, acknowledge, and agree that you do so entirely at your own risk as they are third-party websites. We are not responsible, and make no representation or warranty of any kind, for the content, update, or accuracy of those sites, and a link to a third-party site or third-party content does not imply B|O|S’s endorsement, adoption or sponsorship of, or affiliation with, such third-party site or content. B|O|S accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, third-party sites or content. When you leave B|O|S Compass (including by clicking on any hyperlinks to third-party websites included on B|O|S Compass), you understand, acknowledge, and agree that these Terms of Use shall not apply to your use of, access to, or activity on any third-party sites. You should review all applicable terms and policies, including privacy and data practices, of any third-party site, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
Choice of Law; Jurisdiction
These Terms of Use will be governed by and be interpreted pursuant to the laws of the State of California, United States of America, notwithstanding any principles of conflicts of law. The state or federal courts located in the City and County of San Francisco, California, shall have exclusive jurisdiction over any cause of action arising out of or related to the Content or use of B|O|S Compass.
Severability
If any part of these Terms of Use is held by a court or other government entity of competent jurisdiction to be unlawful, void, or unenforceable for any reason, that part will be (1) deemed severable and will not affect the validity and enforceability of any remaining provisions, and (2) reformed by such court or entity and enforced to the fullest extent lawful, valid and enforceable.
Waiver
No waiver by B|O|S of any term or condition in these Terms of Use shall be deemed to be a further or continuing waiver of such term or condition, or a waiver of any other term or condition. In addition, any failure of B|O|S to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
Changes to B|O|S Compass and Content; Unavailability; Internet Risks
We reserve the right to make changes to, suspend, discontinue or withdraw any aspect of B|O|S Compass at any time, including the availability of any site feature, database, Content, or other materials or any related services, at any time in our sole discretion and without prior notice. We will not be liable if for any reason all or any part of B|O|S Compass is unavailable at any time.
B|O|S may also impose limits on certain features and services or restrict your access to parts or all of B|O|S Compass without notice or liability. B|O|S reserves the right to make B|O|S Compass unavailable, or to restrict access to or disable B|O|S Compass, without notice as may be required or desired to make modifications or for any other reason.
Portions of B|O|S Compass utilize Internet connectivity to transmit and receive web pages, Content and data. While we take security measures as described above, the Internet is not a secure medium or environment, and therefore all use of the Internet, including in connection with B|O|S Compass and Content, is solely at your own risk. Any software, information, content, or material of any kind downloaded or otherwise obtained through the use of B|O|S Compass is obtained at your own discretion and risk, and you shall be solely responsible for any damage to any computer or loss of data that results from such download or use of the Content or access to B|O|S Compass. B|O|S is not responsible for any viruses, spam or other actions or results that may occur as a result of your use of the Internet, the Content or B|O|S Compass.
Contact Us
Please feel free to contact us at https://www.bosinvest.com/contact-us/ if you have any questions or comments regarding your use of B|O|S Compass.