Credence Global Bank INVEST ONLINE SERVICES AGREEMENT (“OISA” or “ONLINE INVESTING TERMS AND CONDITIONS”)
This Credence Global Bank Invest Online Services Agreement, as amended from time to time, (“Agreement”) governs your use of and access to Credence Global Bank Invest Securities LLC, Credence Global Bank Invest Forex LLC, and Credence Global Bank Invest Advisors Inc. (collectively "Credence Global Bank Invest") online services. Please read and download, save, and/or print a copy for your records. If you have any questions, you can speak directly with Customer Care by calling 855-880-2559, 24 hours a day, 7 days a week, or visit www.credenceinc.org/invest.
Please read this Agreement carefully. This Agreement includes, among other things:
1. Acceptance of Terms
2. Description of Service
3. General Rules and Obligations
4. Use of Social Media
5. Restricted Access
6. Privacy Policy
7. Ownership of Account and Security
8. Disclaimer of Warranties
9. Limitation of Liability
10. Other Exclusions and Limitations
11. Indemnity
12. U.S. Government Restricted Rights
13. General
14. Links
15. Modifications to Service
16. Violations
17. Revisions
1. ACCEPTANCE OF TERMS
These terms apply to the use of the websites owned by Credence Global Bank. and
operated by its affiliates Credence Global Bank Invest. Your use of the Credence Global Bank Invest websites (the
“Service"), and all Credence Global Bank Invest online tools, is subject to these ONLINE INVESTING
TERMS AND CONDITIONS. Credence Global Bank Invest reserves the right to update and change the ONLINE
INVESTING TERMS AND CONDITIONS from time to time without notice or acceptance by
you. By using the Service, you ("You", "Your", the "User") signify your irrevocable
acceptance of these ONLINE INVESTING TERMS AND CONDITIONS.
2. DESCRIPTION OF SERVICE
The Service may include or make available the following (collectively,
"Content"):
(a) account positions, balances, transactions, history;
(b) general news and information, commentary, research reports and data concerning
the financial markets, securities, futures and other subjects;
(c) market data such as quotations for securities and futures transactions and/or
last sale information for completed transactions reported in accordance with federal
regulations;
(d) financial and investment interactive tools, such as alerts or calculators;
(e) access to blogs, wikis, online conferences, telecasts, webinars, podcasts,
bulletin boards and other public forums;
(f) bill payment, account management tools, and information that may be needed for
tax preparation; and
(g) investment advice tools.
Some of the Content is supplied by companies or individuals that are not affiliated with Credence Global Bank Invest ("Content Providers"). Most Content from the Content Providers is available through framed areas or through hyperlinks to the Service and Information Provider's web sites.
3. GENERAL RULES AND OBLIGATIONS
By using the Service, you are indicating your acceptance, without modification, of
the disclaimers, terms and conditions set forth in this document, which apply
equally to Credence Global Bank Invest and to the Content Providers. Customers of Credence Global Bank Invest who
open
an investment account are granted additional levels of access to the website and
their relationship with Credence Global Bank Invest is governed by additional agreements and terms
of
use.
In order to use the Service, you must obtain access to the World Wide Web, either
directly or through devices that access web-based content and pay any service fees
associated with such access. In addition, you must provide all equipment necessary
to make such connection to the World Wide Web, including a computer and modem or
other access device. You also understand and agree that the Service may include
advertisements and that these advertisements are necessary for Credence Global Bank Invest to
provide
the Service. You also understand and agree that the service may include certain
communications from Credence Global Bank Invest, such as service announcements and administrative
messages, and that these communications are considered part of Credence Global Bank Invest
membership
and you will not be able to opt out of receiving them. Unless explicitly stated
otherwise, any new feature that augments or enhances the current Service, including
the release of new Credence Global Bank Invest properties, shall be subject to the ONLINE INVESTING
TERMS AND CONDITIONS. You agree not to access the Service by any means other than
through the interfaces that are provided by Credence Global Bank Invest for use in accessing the
Service. Should you choose to do so, Credence Global Bank Invest disclaims all responsibility in
regard to the results.
Content is provided on an "as is", "as available" basis, and
neither Credence Global Bank Invest nor the Content Providers make any representations as to the
suitability of the Service or the materials for any purpose. Credence Global Bank Invest and the
Content Providers expressly disclaim any and all warranties, express or implied,
including, without limitation, warranties of merchantability, fitness for a
particular purpose, title, non-infringement, availability and accuracy with respect
to the service and the materials.
Content posted on the Credence Global Bank Invest website is published as of its stated date or, if
no date is stated, the date of first posting. Neither Credence Global Bank Invest nor the Content
Providers have undertaken any duty to update any such information.
Credence Global Bank Invest provides self-directed investors with discount brokerage services and
does not make recommendations or offer investment advice through the Service except
for those clients bound by an advisory agreement that receive advice directly from
Credence Global Bank Invest Advisors. You are solely responsible for evaluating the merits and risks
associated with the use of any Content on the website before making any decisions
based on such Content. You agree not to hold Credence Global Bank Invest or the Content Providers
liable for any possible claim for damages arising from any decision you make based
on information made available to you through this Service.
The Content, investment products and services offered on the Web sites are intended
for U.S. residents only. They shall not be considered a solicitation to any person
in any jurisdiction where such solicitation would be illegal.
Credence Global Bank Invest does not prepare, edit, or endorse Content from Content Providers. Credence Global Bank
Invest does not guarantee its accuracy, timeliness, completeness or usefulness, and
is not responsible or liable for any content, advertising, products, or other
materials on or available from third party sites. Use of the Content from Content
Providers is at your own risk.
Any price quotes may be delayed twenty (20) minutes or longer, according to the
rules and regulations applicable to Exchanges and Content Providers. Neither Credence Global Bank
Invest nor the Content Providers make any representations, warranties or other
guarantees as to the accuracy or timeliness of any price quotes. Neither Credence Global Bank Invest
nor the Content Providers make any representations, warranties or other guarantees
as to the present or future value or suitability of any sale, trade or other
transaction involving any particular security or any other investment.
Content is provided exclusively for personal and noncommercial access and use. The
Credence Global Bank Invest, or Content Providers' company names and logos and all related product
and service names, design marks and slogans are the property of the respective
company or its affiliates. You are not authorized to use any such name or mark in
any advertising, publicity or any other commercial manner. You may not modify, copy,
distribute, publish, license or sell any proprietary content or any derivative work
based on such content.
Credence Global Bank Invest and/or the Content Providers may discontinue or modify any category of
Content at any time. You release and agree to indemnify and hold harmless Credence Global Bank
Invest
and the Content Providers for any loss or damages that may result.
By using the Web sites, you consent to any form of recording and retention of any
communication, information and data exchanged between you and Credence Global Bank Invest or its
representatives or agents.
With respect to any additional software that may be made available by Credence Global Bank Invest in
connection with the Service, if you elect to download or access such additional
software, you understand that you may have to agree to additional terms and
conditions before you use such software.
4. USE OF SOCIAL MEDIA
You acknowledge that you alone are responsible for evaluating the merits and risks associated with the use of Credence Global Bank Invest systems, services or products. You understand that all investments involve risk, losses may exceed the principal invested, and the past performance of a security, industry, sector, market, or financial product does not guarantee future results or returns. You acknowledge that you have read, understood and accepted the disclosures and these ONLINE INVESTING TERMS AND CONDITIONS that apply to your use of Credence Global Bank Invest’s website and the Services. You understand that for any questions or concerns regarding a particular trade, service or transaction related to an Credence Global Bank Invest investment account, you must contact Credence Global Bank Invest customer service directly. You acknowledge that service questions posed via Social Media may not be handled as promptly as through core service channels during our posted business hours.You understand that certain regulations prevent Credence Global Bank Invest from publicly responding to individual customer issues. Your complaints or grievances, relative to a specific transaction or service of Credence Global Bank Invest, posted on the Social Media may be removed by Credence Global Bank Invest from public view and addressed through private correspondence with You and in accordance with Financial Industry Regulatory Authority (“FINRA”), National Futures Association (“NFA"), and Securities and Exchange Commission (“SEC”) regulations for customer complaints. For any questions or concerns regarding a particular trade, service or transaction, you must contact Credence Global Bank Invest customer support directly.
5. RESTRICTED ACCESS
In order to use certain parts of the Service, you must be an Credence Global Bank Invest customer
who
has obtained a valid Credence Global Bank online ID (“Customer”). To open an account, you must
provide Credence Global Bank Invest with certain personal information ("Account Data"). You will
choose a password and account designation during the Service's account opening
process. You are responsible for maintaining the confidentiality of the password and
account and are fully responsible for all activities that occur under your password
or account. You agree to (a) immediately notify Credence Global Bank Invest of any unauthorized use
of your password or account or any other breach of security, and (b) ensure that you
exit from your account at the end of each session. Credence Global Bank Invest shall not be liable
for any loss or damage arising from your failure to comply with this Section 5. In
consideration of use of the Service, you agree to: (a) provide true, accurate,
current and complete information about yourself as prompted by the Service's account
opening and account maintenance processes, and (b) maintain and promptly update your
Account Data to keep it true, accurate, current and complete. If you provide any
information that is untrue, inaccurate, not current or incomplete, or Credence Global Bank Invest
has
reasonable grounds to suspect that such information is untrue, inaccurate, not
current or incomplete, Credence Global Bank Invest has and retains the right to suspend or terminate
your account and refuse any and all current or future use of the Service (or any
portion thereof). Account holders under 18 years of age are not permitted.
6. PRIVACY POLICY
Account Data and certain other information about you are subject to Credence Global Bank's
privacy policy, the terms of which are located on Credence Global Bank’s websites and are
incorporated into this ONLINE INVESTING TERMS AND CONDITIONS by reference.
7. OWNERSHIP OF ACCOUNT AND SECURITY
You are responsible for maintaining the security of your account, and you are fully
responsible for all activities that occur under the account. You agree to
immediately notify Credence Global Bank Invest of any unauthorized uses of the account or any other
breaches of security. Credence Global Bank Invest cannot and will not be liable for any loss or
damage from your failure to comply with this security obligation. You acknowledge
and agree that under no circumstances will Credence Global Bank Invest be liable, in any way, for
any
acts or omissions by a Customer User or any other site visitor, including any
damages of any kind incurred as a result of such acts or omissions.
8. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(A) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS. Credence Global Bank INVEST EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
(B) Credence Global Bank INVEST WILL MAKE REASONABLE EFFORTS TO MAINTAIN THE SERVICE; HOWEVER, Credence Global Bank
INVEST IS NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CUSTOMER INFORMATION OR
VENDOR DATA, REVENUE, OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY
OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS OR OTHER ERRORS,
UNAUTHORIZED USE DUE TO YOUR SHARING OF ACCESS TO THE SERVICE OR FAILURE TO PROPERLY
PROTECT YOUR LOG IN INFORMATION, OR OTHER INTERACTION WITH THE SERVICE. Credence Global Bank INVEST
DOES NOT WARRANT THAT (I) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (II) THE
SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT
MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE
QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR
OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS
IN THE SOFTWARE WILL BE CORRECTED.
(C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS
DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY
SUCH MATERIAL.
(D) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE
SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE ONLINE INVESTING TERMS
AND CONDITIONS.
(E) ANY "MORAL RIGHTS" IN POSTED MATERIAL HAVE BEEN WAIVED.
9. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Credence Global Bank INVEST SHALL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, REPORTED EARNINGS,
DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Credence Global Bank INVEST HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE
THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING
FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES
RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS
OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO
THE SERVICE.
You will not hold Credence Global Bank Invest and/or Content Providers liable in any way for:
(a) any inaccuracy of, error or delay in, or omission of the Content; or
(b) any loss or damage arising from or occasioned by: i) any error or delay in the
transmission of such Content, ii) interruption in any such Content due to any
negligent act or omission by any party to any "force majeure" (e.g., flood,
extraordinary weather conditions, earthquake or other acts of God, fire, war,
insurrection, riot, labor dispute, accident, action of government, communications or
power failure, equipment or software malfunction), or iii) any other cause beyond
the reasonable control of Credence Global Bank Invest and/or Content Providers, or iv)
non-performance.
10. OTHER EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 9 AND 10 MAY NOT APPLY TO
YOU. IN SUCH STATES, Credence Global Bank INVEST’S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT
PERMITTED BY LAW.
11. INDEMNITY
You agree to indemnify and hold Credence Global Bank Invest and its parents, subsidiaries,
affiliates, directors, officers, agents, co-branders, the Content Providers or other
partners, employees and shareholders harmless from and against any and all claims,
demands, actions, causes of action, suits, proceedings, losses, damages, costs, and
expenses, including reasonable attorneys' fees, arising from or relating to -
whether you are a Customer user or not - your access and/or use of, or interaction
with, the Content, your use of the Service, your connection to the Service, your
violation of the ONLINE INVESTING TERMS AND CONDITIONS, the infringement or
violation by you of any intellectual property or other rights of any person or
entity, or any act, error, or omission of your use of your account or any user of
your account, in connection therewith, including, but not limited to, matters
relating to incorrect, incomplete, or misleading information; libel; invasion of
privacy; infringement of a copyright, trade name, trademark, service mark, or other
intellectual property; any defective product or any injury or damage to person or
property caused by any products sold or otherwise distributed through or in
connection with the Service; or violation of any applicable law. The User is solely
responsible for his or her actions when using the Service, including, but not
limited to, costs incurred for Internet access.
12. U.S. GOVERNMENT RESTRICTED RIGHTS
The materials on the Service are provided with "RESTRICTED RIGHTS." Use,
duplication, or disclosure by the U.S. Government is subject to restrictions as set
forth in applicable laws and regulations. Use of the materials by the U.S.
Government constitutes acknowledgment of Credence Global Bank Invest's proprietary rights in them,
as
applicable.
13. GENERAL
(a) Notices to you may be made via either electronic mail or regular mail.
(b) The Service may also provide notices of changes to the ONLINE INVESTING TERMS
AND CONDITIONS or other matters by displaying notices or links to notices to you
generally on the Service.
(c) The ONLINE INVESTING TERMS AND CONDITIONS and the relationship between you and
Credence Global Bank Invest shall be governed by the laws of the State of New York without regard to
its conflict of law provisions.
(d) You and Credence Global Bank Invest agree to submit to the personal and exclusive jurisdiction
of
the courts located within the State of New York.
(e) The failure of Credence Global Bank Invest to exercise or enforce any right or provision of the
ONLINE INVESTING TERMS AND CONDITIONS shall not constitute a waiver of such right or
provision.
(f) The ONLINE INVESTING TERMS AND CONDITIONS constitute the entire agreement
between you and Credence Global Bank Invest and govern your use of the Service, superseding any
prior
agreements between you and Credence Global Bank Invest (including, but not limited to, any prior
versions of the ONLINE INVESTING TERMS AND CONDITIONS). You also may be subject to
additional terms and conditions that may apply when you use affiliate or other Credence Global Bank
Invest services, third-party content or third-party software.
(g) If any provision of the ONLINE INVESTING TERMS AND CONDITIONS or incorporated
documents is found by a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give effect to the parties'
intentions as reflected in the provision, and the other provisions of the ONLINE
INVESTING TERMS AND CONDITIONS remain in full force and effect.
(h) You agree that regardless of any statute or law to the contrary, any claim or
cause of action arising out of or related to use of the Service or the ONLINE
INVESTING TERMS AND CONDITIONS must be filed within one (1) year after such claim or
cause of action arose or be forever barred. The section titles in the ONLINE
INVESTING TERMS AND CONDITIONS are for convenience only and have no legal or
contractual effect.
14. LINKS
The Service and/or the Content Providers may provide, or third parties may provide,
links to other Internet sites or resources. Because Credence Global Bank Invest does not have any
control over such sites and resources, you acknowledge and agree that Credence Global Bank Invest is
not responsible for the availability of such external sites or resources and does
not endorse and is not responsible or liable for any Content, advertising, products,
or other materials on or available from such sites or resources. You further
acknowledge and agree that Credence Global Bank Invest shall not be responsible or liable, directly
or indirectly, for any damage or loss caused or alleged to be caused by, or in
connection with use of or reliance on, any such Content, goods or services available
on or through any such site or resource.
SPECIAL NOTICE: THE LINKED SITES MAY CONTAIN CONTENT AND GRAPHICS THAT CONTAIN
EXPLICIT MATERIAL UNSUITABLE FOR MINORS, OR MAY OTHERWISE BE OFFENSIVE. IF YOU ENTER
THESE LINKED SITES, YOU ASSERT THAT YOU ARE OF LEGAL ADULT AGE IN YOUR JURISDICTION
TO VIEW SUCH MATERIALS AND THE VIEWING, READING, AND/OR DOWNLOADING OF CONTENT FROM
THESE LINKED SITES DOES NOT VIOLATE THE COMMUNITY STANDARDS OF YOUR LOCALITY, CITY,
TOWN, COUNTY, STATE, PROVINCE, COUNTRY OR OTHER COMMUNITY TO WHICH YOU BELONG,
AND/OR FROM WHICH YOU ACCESS THESE LINKED SITES.
Framing of the Web Personal Site is prohibited.
15. MODIFICATIONS TO SERVICE
Credence Global Bank Invest reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Service (or any part thereof) with or
without notice. You agree that Credence Global Bank Invest shall not be liable to you or to any
third
party for any modification, suspension or discontinuance of the Service.
16. VIOLATIONS
Please report any violations of the ONLINE INVESTING TERMS AND CONDITIONS to Credence Global Bank
Invest by sending an e-mail to support@Invest.credenceinc.org.
17. REVISIONS
Credence Global Bank Invest may at any time revise the ONLINE INVESTING TERMS AND CONDITIONS by
updating this document. You agree to be bound by subsequent revisions and agree to
review the ONLINE INVESTING TERMS AND CONDITIONS periodically for changes. The most
updated version of this document will always be available for your review under the
Terms & Conditions link that appears on the Credence Global Bank Invest website.
©Credence Global Bank.
06/21/2019- ONLINE INVESTING TERMS AND CONDITIONS – V10