Initial Posting December 18, 2015
Last Updated December 18, 2015
Summary of Changes: No changes have been made since the Initial Posting.
To help protect your personal information from unauthorized access and use, we maintain security standards and procedures that comply with federal law. As part of those security standards and procedures, we use a third party cloud-based portal provider to provide B|O|S Compass, and we believe that provider utilizes adequate 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 statistics regarding use of B|O|S Compass and use them for internal planning, B|O|S marketing, or other business purposes, but we will not sell or otherwise provide usage statistics to any other party for their own marketing or other purposes.
When you register for B|O|S Compass, we will ask you to give us certain personal identifying 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 other clients and B|O|S Portal users, we ask you not to share your Authorization Information (including passwords, usernames, and screen names) with any other person for the purpose of facilitating their 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.
If you are a 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 account and other information 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. Once you have designated an Additional User, you are responsible for 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 do so may access B|O|S Compass. You are responsible for the use of B|O|S Compass by your Additional Users.
“Bingham, Osborn & Scarborough,” “We Manage The Money You Want to Keep,” “Your Financial Future. Our Discipline,” and “Invest with Vision” are all service marks or trademarks of B|O|S. 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 or other owners. You agree not to use or display service marks, trademarks or logos found on B|O|S Compass without the prior written consent of B|O|S or the 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).
The information and Content on B|O|S Compass is for informational purposes, and should not be construed as investment advice or relied on as a recommendation to take any action, except to the extent any Content expressly suggests that specific actions should be taken by you or by B|O|S on your behalf.
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.
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 expressed 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, 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, mis-delivery 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 information or Content contained on B|O|S Compass at any time but has no commitment to update such information or Content on any specific schedule.
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, as appropriate strategies depend upon the 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 presented are after B|O|S advisory fees, unless otherwise indicated, and year-to-date returns are typically as of the previous business day while 1-, 3-, and 5-year returns are typically as of the most recent month-end. Management fees are 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.
Opinions expressed on B|O|S Compass are current opinions, which are not reliable as fact, as of the date appearing in Compass only and are subject to change. 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 on the basis that the responsibility for assessing its accuracy, completeness and relevance rests wholly with you and is not guaranteed by B|O|S.
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.
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. Prices on securities are updated either daily, weekly, monthly or irregularly, depending on the security type and trading frequency. 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.
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.
You expressly understand and agree that neither B|O|S, the Third Party Providers, nor their respective owners, 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 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 without verifying its accuracy, (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, or (iv) any unauthorized user or hacker gaining access to or damaging data. 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 full extent allowed under applicable law.
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 do so entirely at your own risk as they are third-party websites. We are not responsible 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, our terms and policies no longer govern. You should review applicable terms and policies, including privacy and data-gathering 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.
We may make changes to, or suspend or discontinue, any aspect of B|O|S Compass at any time, including the availability of any site feature, database, Content, or related services.
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 take it down 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.