CLIENT ACCESS AGREEMENT
DESCRIPTION OF SERVICE
The Oppenheimer & Co. Inc. Client Access website is an information service from Oppenheimer & Co. Inc. ("Oppenheimer"), which consists of electronic delivery of account information, other information relating to a Client’s investments and research. By completing the registration process, selecting the "I agree" on-screen button and using Oppenheimer Client Access, you are indicating that you understand and agree to be bound by all the terms of this Client Access Agreement.
MODIFICATIONS, SUSPENSIONS OR DISCONTINUANCE OF SERVICE
Oppenheimer may, in its sole and absolute discretion, modify or discontinue any portion, feature or content of the Client Access service at any time, with or without notice to clients. Likewise, Oppenheimer may at any time, with or without notice to clients, restrict the use and accessibility of the service, as well as limit the duration and amount of use made of the service. Oppenheimer may also temporarily or permanently suspend or revoke your rights to use the service based on our belief that your use of the service violates the terms of this Agreement or for any other conduct that it determines to be harmful to other clients, Oppenheimer’s content providers, to the Client Access service or to the interests of Oppenheimer.
PROTECTING YOUR PASSWORD AND USER ID
Your system identification ("User Name") and password are used in place of your signature and will be relied upon by Oppenheimer in the same manner and for the same purposes as it would rely upon your signature.
You are personally responsible for all uses of the Client Access service made using your User Name and password, whether or not the use is made by you or someone else using your User Name. You are responsible for protecting and securing your User Name and password from unauthorized use and disclosure. In the event that you become aware of or believe there has been any breach of security, such as the theft or unauthorized use of your User Name, password or any account information stored in the Client Access service, you must notify your Financial Advisor at Oppenheimer immediately.
You agree to indemnify and hold harmless Oppenheimer, its employees, officers, directors and agents, from and against any and all claims, losses, costs or expenses imposed on, incurred by, asserted as a result of or relating to any noncompliance by you with the terms and conditions of this Client Access Agreement.
Use of this service involves the electronic transmission of personal financial information, and use of the Client Access service is deemed consent to such transmission of information. Oppenheimer supports 128-bit browser encryption.
Encryption is the process for scrambling data as it passes between Oppenheimer and your computer. The larger the number of bits the more difficult it is for an unauthorized person to unscramble your personal financial information. Since Oppenheimer follows reasonable security procedures for verifying the identity of a user, we will not be liable for losses sustained as a result of unauthorized access.
COPYRIGHTS AND LIMITATIONS ON USE
The information available through the Client Access service is the property of Oppenheimer, its affiliated companies or its licensors, and is protected by copyright, trademark and other applicable law. Any trademarks, logos or service marks displayed as part of this service are registered property of Oppenheimer or others, and nothing at this site shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any image, trademark, logo or service mark at this site. Information received through the Client Access service may be utilized for your personal, non-commercial use only, and you agree not to reproduce, download, retransmit, disseminate, sell, distribute, publish, broadcast or circulate such information to anyone, without the express written consent of Oppenheimer. No act of reproducing, downloading, retransmitting, disseminating, selling, distributing, publishing or broadcasting such information will transfer title to any software or material at this site to you. Further, anything that you transmit to this site through the Client Access service or otherwise, becomes the property of Oppenheimer, may be used by Oppenheimer for any lawful purpose, and is further subject to disclosure as deemed appropriate by Oppenheimer, including to any legal or regulatory authority to which Oppenheimer is subject. Oppenheimer reserves all rights with respect to copyright, trademark, service mark and other proprietary ownership rights of all material at this site, whether or not part of the Client Access service, and will enforce such rights to the full extent of the law.
While Oppenheimer uses reasonable efforts to obtain information from reliable sources, it makes no representations or warranties as to the accuracy, reliability or completeness of the information provided through the service, and there may be delays, omissions or inaccuracies in such information. Opinions and any other contents at this site are subject to change without notice. Oppenheimer is not utilizing this service or site to provide investment or other advice to you or any other party, and no information or material received through the service or at this site is to be relied upon for the purpose of making or communicating investment or other decisions, nor should it be used or construed as an offer to sell or a solicitation of an offer to buy any security, instrument or other investment product. No representation or warranty is being made with regard to suitability or potential value of any particular investment or information source.
Actual prices can be obtained only on a real-time, expressly agreed upon basis. Any indicative valuations in materials provided through the service or at this site are provided for information purposes only and may differ substantially from an actual value. Past performance is not an indication of future results.
BOOKS AND RECORDS
You acknowledge that any account information provided through the Client Access service is not the official record of your Oppenheimer account(s) and is subject to change, errors and omissions, unless you are being notified of your Oppenheimer Account Documents through electronic delivery. Your transaction confirmations and periodic account statements constitute the official record of your account(s). Further, both the front and reverse sides of every confirmation and statement sent to you contain important disclosures which you are responsible for reading and are incorporated herein by reference. Any discrepancies must be reported to your Financial Advisor immediately. Further, the information provided through this service should not be used for tax reporting purposes.
GLOBAL DEALING RESTRICTIONS
Information and materials provided through the service or otherwise at this site may not be appropriate for use in all locations, nor may every transaction, security, instrument or other investment product or service discussed be available or appropriate for sale or use in all jurisdictions or by all investors or counterparties. Clients who access this site do so on their own initiative and are responsible for compliance with applicable local laws and regulations. Users of this service and site may not necessarily be able to deal directly with all entities that post materials at this site. No software in use at this site may be downloaded or otherwise exported in contravention of US Department of Treasury or US Department of Commerce regulations, other applicable rules or regulation, or to a resident of or location in any nation to which the US or UK has embargoed goods.
DISCLAIMER OF WARRANTIES AND WAIVER OF LIABILITIES
OPPENHEIMER & CO. INC., ITS AFFILIATES, AGENTS AND LICENSORS, MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BY WAY OF EXAMPLE AND NOT LIMITATION, ANY WARRANTY OF ACCURACY, COMPLETENESS, CURRENTNESS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE FULL EXTENT PERMITTED BY LAW. FURTHER, OPPENHEIMER & CO. INC. ASSUMES NO RESPONSIBILITY FOR AND MAKES NO WARRANTIES THAT FUNCTIONS CONTAINED IN THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR SERVER THAT DELIVERS THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
OPPENHEIMER & CO. INC., ITS AFFILIATES, AGENTS OR LICENSORS, SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES, LOSSES OR INJURY CAUSED, IN WHOLE OR IN PART, IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THE CLIENT ACCESS SERVICE OR ANY INFORMATION PROVIDED THROUGH THE SERVICE, ANY VIRUSES THAT MAY INFECT, OR ANY REPAIRS OR CORRECTIONS THAT MUST BE PERFORMED ON YOUR COMPUTER, OTHER PROPERTY OR OTHERWISE ON ACCOUNT OF YOUR ACCESSING OR USE OF THE SERVICE OR THIS SITE.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL OPPENHEIMER & CO. INC., ITS AFFILIATES, AGENTS OR LICENSORS, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SIMILAR DAMAGES THAT RESULT FROM YOUR ACCESS OR USE OF THE SERVICE OR SITE, ANY DECISION MADE OR NOT MADE OR ACTION TAKEN OR NOT TAKEN BY YOU IN RELIANCE ON THE SERVICE OR ANY INFORMATION PROVIDED THROUGH THE SERVICE, EVEN IF OPPENHEIMER & CO. INC. OR AN AUTHORIZED OPPENHEIMER & CO. INC. REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY OF OPPENHEIMER, ITS AFFILIATES, AGENTS AND LICENSORS, FOR ANY AND ALL DAMAGES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE), ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICE OR SITE, EXCEED THE AMOUNT, IF ANY, PAID BY YOU FOR SUCH USE.
This Client Access Agreement shall continue until terminated by Oppenheimer or until you notify Oppenheimer in writing of your decision to terminate the service.
This Client Access service is personal to you, and you may not assign your rights or obligations under this Client Access Agreement or otherwise to anyone, without the prior written consent of Oppenheimer. This Client Access Agreement shall be binding on you, your executors, personal representatives, heirs, successors, and permitted assigns, as the case may be, and shall inure to the benefit of Oppenheimer & Co. Inc., its successors and assigns.
From time to time Oppenheimer may amend this agreement and the terms of service. In such cases Oppenheimer will provide you with notice either in writing or by posting to Oppenheimer’s website. Your use of Client Access after such notification of change shall be deemed to be acknowledgment of such changes and your agreement to be bound by such changes.
APPLICABLE LAW; OTHER AGREEMENTS
This Client Access Agreement, the rights and obligations of both parties, and all the actions contemplated hereunder, shall be governed by and construed in accordance with the laws of the United States of America and the State of New York, as if the Client Access Agreement was a contract wholly entered into and wholly performed within the State of New York, and without giving effect to the principles of conflicts of law or a choice of law analysis.
This CLIENT ACCESS AGREEMENT is in addition to (and not a replacement for or modification of) any other agreement(s) you may have with Oppenheimer & Co. Inc.