Last Updated October 19, 2020
Other Terms That May Apply to You
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/.
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.
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.
Additional Users – Personal Information
Third Party Information Providers
“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).
You also agree not to:
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.
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
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.
Links to Third-Party Sites
Choice of Law; Jurisdiction
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.
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.