By using this site, you signify your assent to the following terms and conditions of use without limitation or qualification. The terms and conditions set forth below are applicable to your visit to and use of AllianceBernstein's website, including but not limited to any discussion boards, public forums and/or blogs contained therein. Any additional terms or conditions that are posted on specific areas of this site are deemed to be incorporated into these terms. If you do not agree to these terms, do not use this site. Please read these conditions carefully before using this site.
The information provided on AllianceBernstein's site is provided "AS IS" and without warranties of any kind either expressed or implied. To the fullest extent permissible pursuant to applicable law, AllianceBernstein disclaims all warranties, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. AllianceBernstein does not warrant, either expressly or impliedly, the accuracy or completeness of the information, text, graphics, links or other items contained on this site and AllianceBernstein expressly disclaims all liability for errors and omissions in these materials and for the use or interpretation by others of information contained on the site.
AllianceBernstein will not be responsible for any loss or damage that could result from interception by third parties of any information made available to you via this site. Neither AllianceBernstein, nor any of its affiliates, directors, officers or employees, nor any third party vendor retained by AllianceBernstein will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of this site, or resulting from the act or omission of any other party involved in making this site or the data contained therein available to you, or from any other cause relating to your access to, inability to access, or use of the site or these materials, whether or not the circumstances giving rise to such cause may have been within the control of AllianceBernstein or of any vendor providing software or support services for this site.
In no event will AllianceBernstein, its affiliates or any such parties be liable to you for any direct, special, indirect, consequential, incidental damages or any other damages of any kind even if AllianceBernstein or any other party have been advised of the possibility thereof.
Nothing contained in AllianceBernstein's site constitutes investment advice. Neither the information, nor any opinion contained in this site constitutes a solicitation, recommendations or offer by AllianceBernstein or its affiliates to buy or sell any securities, futures, options or other financial instruments, nor shall any such security be offered or sold to any person in any jurisdiction in which such offer, solicitation, purchase, or sale would be unlawful under the securities laws of such jurisdiction.
Decisions based on information contained on AllianceBernstein's site are the sole responsibility of the visitor, and in exchange for using AllianceBernstein's site, the visitor agrees to hold AllianceBernstein harmless against any claims for damages arising from any decisions that the visitor makes based on such information.
Notwithstanding these provisions, you are not entitled to access the site if doing so would involve a breach of law by you or us in any country. It is your responsibility to be aware of the relevant laws and regulations.
At any time, AllianceBernstein may revise these terms and conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the updated terms.
Parts of this website are accessible to all users and other parts of the site are restricted to AllianceBernstein retail or institutional clients and consultants who register on the website. These Terms of Use apply to all users.
Terms:
This site is proprietary
We are not liable to you
This site does not provide advice
We use anonymous "cookies" to collect usage information
Our website e-mail employs personal "cookies"
Your registration information must be correct
Do not share your username or password
Registration verifies your identity
We may deny access to the site
Misuse
Communicating with us
AllianceBernstein Blog
Following links from our site
This site is governed by New York State law
Each provision is separately enforceable
Ownership of Other Materials
Integration and Severability
Annual Privacy Notice
Export Controls
Online Instructions
Wealth Hub Terms & Conditions
Secure Share Terms & Conditions
Additional conditions for:
US users
UK users
Japanese users
Canadian users
Australian and New Zealand users
Hong Kong users
Singapore users
Korean users
Taiwan users
Our Terms and Conditions:
This website is proprietary and you may not copy anything on it
This website is owned and operated by AllianceBernstein. Except as otherwise permitted by AllianceBernstein, no materials from this site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. You may download material displayed on this site only provided you also retain all copyright and other proprietary notices contained on the materials. You may not distribute, modify, transmit, reuse, repost, or use the content of this site for public or commercial purposes, including the text, images, audio and video without AllianceBernstein's written permission. Modification or use of the materials for any other purpose violates AllianceBernstein's intellectual property rights.
The registered and unregistered trademarks, logos and service marks (collectively, the "Trademarks") displayed on the site, including the AllianceBernstein logo, are trademarks of AllianceBernstein L.P., its licensors or third parties, except as explicitly noted.
AllianceBernstein neither warrants nor represents that your use of materials displayed on this site will not infringe the rights of third parties not owned by or affiliated with AllianceBernstein. Nothing contained on the website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark displayed on this website without the written permission of AllianceBernstein or the owner of the trademark.
Images displayed on this website are either the property of or used with permission by AllianceBernstein. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. If you download any information from this site, you agree that you will not copy it or remove or obscure any copyright or other notices or legends contained in any such information.
You are hereby advised that AllianceBernstein L.P. will aggressively enforce its intellectual property rights, including pursuing all remedies available under civil and criminal law.
We are not liable to you
The information on this site is provided for informational purposes only. While AllianceBernstein seeks to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. AllianceBernstein does not represent that the material on this website is accurate current or complete and it should not be relied upon as such. We reserve the right to make changes, deletions and corrections at any time without notice.
To the fullest extent permissible pursuant to applicable law, AllianceBernstein disclaims all warranties, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. AllianceBernstein does not warrant, either expressly or implicitly, the accuracy or completeness of the information, text, graphics, links or other items on this site and AllianceBernstein expressly disclaims all liability for errors and omissions in these materials and for the use or interpretation by others of information on the site. AllianceBernstein will not be responsible for any loss or damage that could result from interception by third parties of any information made available via this site.
Neither AllianceBernstein, nor any of its affiliates, directors, officers or employees, nor any third-party vendor retained by AllianceBernstein will be liable or have any responsibility of any kind for any loss or damage incurred in the event of any failure or interruption of this site, or resulting from the act or omission of any other party involved in making this site or the data contained therein, or from any other cause relating to access to, inability to access, or use of the site or these materials, whether or not the circumstances giving rise to such cause may have been within the control of AllianceBernstein or of any vendor providing software or support services for this site.
This site does not provide any investment or tax advice or recommendation
Nothing on this website constitutes investment advice. Neither the information, nor any opinion contained in this site constitutes a solicitation or offer by AllianceBernstein or its affiliates to buy or sell any securities, futures, options or other financial instruments, nor shall any such security be offered or sold to any person in any jurisdiction in which such offer, solicitation, purchase or sale would be unlawful under the securities laws of such jurisdiction.
This website also does not constitute, and should not be considered to be, tax advice. Depending on each country and local jurisdiction, tax rules are complicated and their impact on a particular individual may differ depending on the individual's specific circumstances. Investors should consult with their legal or tax advisor regarding their specific situations.
Decisions based on information on this website are the sole responsibility of the visitor, and in exchange for using this website, the visitor agrees to hold AllianceBernstein harmless against any claims for damages arising from any decisions that the visitor makes based on such information.
We use anonymous "cookies" to collect general usage information
The website places an anonymous "cookie"-a small computer file-on your computer while you are using the website. These cookies allow us to understand how many individuals visit the site, how frequently they return and what information they view most often.
These cookies do not reveal your identity to us or provide us with personally identifiable information about your use of the site. You can delete the cookie from your computer by clicking the "Log Out" button in the navigation bar when you leave the site.
Our website e-mail employs personal "cookies" to collect personal information
Website e-mail messages sent by AllianceBernstein include an encrypted file containing your contact information. If you choose to visit the site by clicking on a link in the e-mail, the site places a personal cookie on your computer, allowing us to collect personally identifiable information about your use of the site.
We use this information to understand how our website and website e-mail are used, including the number, frequency and duration of your visits to each page as well as your path of navigation. This information is held in an AllianceBernstein database, which is accessible only to employees of AllianceBernstein. Information about individual user traffic is held for up to six months and is not shared with any third parties. Please refer to our Privacy Policy, which explains how the information you provide is used and protected.
If you are already registered on the site, this cookie will allow you to bypass these Terms of Use and see privileged information, when available, without entering your username and password. You can delete the cookie from your computer by clicking the "Log Out" button in the navigation bar when you leave the site.
The information you provide when you register must be correct
Registration allows a visitor to bypass these Terms of Use when returning to the website. It also enables AllianceBernstein clients and institutional investment-industry consultants to access privileged information on the site, including portfolio strategy reports and information specific to their account, if this is available.
If you choose to register to use the site, you agree (a) to provide true, accurate, current and complete information about yourself when prompted by our registration form or any other form we ask you to complete at any time, and (b) to maintain and update promptly any personal information on the site so as to keep it true, accurate, current and complete.
Do not share your username and password
If you register, no one other than you is authorized to use your username or password. You must keep your username and password confidential and take all reasonable precautions to prevent unauthorized use thereof. If you suspect anyone else has used or is using your username or password, you must notify us immediately.
Registration verifies your identity and allows us to collect personal information
When you register for the website and when you are logged in, a personal cookie is placed on your personal computer. The cookie contains an encrypted version of your login information, which allows the site to identify you. These cookies allow us to:
- Verify your identity for access to privileged information;
- Confirm that you have accepted these Terms of Use; and
- Understand how you and other registrants use the website and web e-mail.
The cookie collects personally identifiable information about how you use the website and website e-mail, including number, frequency and duration of your visits to each page as well as your path of navigation. This information is held in an AllianceBernstein database, which is accessible only to employees of AllianceBernstein. Information about individual user traffic is held for up to six months and is not shared with any third parties. Please refer to our Privacy Policy, which explains the information you provide us is used and protected.
Retaining the cookie on your personal computer after leaving the site allows you to bypass these Terms of Use and access privileged information, when available, without logging back in. You can delete the cookie from your computer by clicking the "Log Out" button in the navigation bar when you leave the site. When you return, you will be asked to re-enter your username and password, and a new cookie will be established on your PC.
We may deny access to the site
AllianceBernstein reserves the right to terminate your access to the site at will and without notice, in whole or in part at any time. In the event of a termination, AllianceBernstein shall have no liability to you and no refund for any pre-paid amounts will be given.
Misuse
You must not misuse the site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the site, or to restricted areas of the site, the server on which the site is stored or any server, computer or database connected to the site. You must not attack our site via a denial-of-service or distributed denial-of-service attack or take any action with similar effect.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the site or to your downloading of any material posted on it, or on any website linked to it.
Communicating with us through the site
E-mail submitted to this site should be considered neither secure nor confidential. AllianceBernstein makes no representation whatsoever concerning the security or confidentiality of your e-mail messages and specifically makes no representation that any e-mail message submitted through this site will be received by AllianceBernstein.
Any communications or material you transmit to this website by electronic mail or otherwise, including data, questions, comments or suggestions, will be treated as nonconfidential and nonproprietary and will become the property of AllianceBernstein or its affiliates. Such communications or material shall be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, AllianceBernstein is free to use any ideas, concepts, know-how or techniques contained in any communication you send to this website for any purpose whatsoever, including, but not limited to, developing and marketing products using such information.
AllianceBernstein Blog
The information contained on the AllianceBernstein Blog may be provided by parties unrelated to AllianceBernstein and the opinions expressed are not necessarily those of AllianceBernstein. AllianceBernstein neither warrants nor represents that the content of this blog is accurate or reliable.
Users of this blog are solely responsible for their interactions with, and information provided to, other users. AllianceBernstein is not involved in, a party to, or responsible for any communications, interactions or transactions, regardless of medium conveyed, between you and any user of this site, or any disputes arising therefrom. AllianceBernstein will not be liable for any damages arising from your reliance on the content of this blog, or the use or misuse, by any third party, of personal confidential information that you voluntarily disclose on this blog.
We are not responsible when you follow a link from our site
Should you leave this site via a link contained herein, and view content that is not provided by AllianceBernstein, you do so at your own risk. The content to which you link will not have been developed, checked for accuracy or otherwise reviewed by AllianceBernstein. AllianceBernstein is not responsible for damages or losses caused by any delays, defects or omissions that may exist in the services, information or other content provided in such sites, whether actual, alleged, consequential or punitive. AllianceBernstein makes no guarantees or representations as to, and shall have no liability for, any electronic content delivered by any third party, including, without limitation, the accuracy, subject matter, quality or timeliness of any electronic content.
This site is governed by New York State law
This website is controlled and operated by AllianceBernstein from its offices within the State of New York, United States of America. AllianceBernstein makes no representation that materials on the site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the materials on this site in violation of US export laws and regulations.
The laws of the State of New York govern these terms and conditions. If you take legal action relating to these terms and conditions, you agree to file such action only in the New York State Supreme Court, or the United States District Court for the Southern District of New York, and you consent and submit to the personal jurisdiction of those courts for the purpose of litigating any such action.
Ownership of Other Materials
Adobe®, Acrobat®, Acrobat® Reader, and the Acrobat logo are trademarks of Adobe Systems Incorporated. Microsoft® and Internet Explorer are trademarks of Microsoft Corporation. Morningstar® is a trademark of Morningstar, Inc. Netscape Navigator® is a trademark of Netscape Communications. Standard & Poor's®, S&P®, Standard & Poor's 500, S&P 500®, are trademarks of The McGraw-Hill Companies, Inc.
Integration and Severability
If any provision of these terms is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these terms and will not affect the validity and enforceability of the remaining provisions. The preceding terms and conditions of use represent the entire agreement between AllianceBernstein and the user relating to the subject matter herein.
Annual Privacy Notice
At AllianceBernstein, protecting the privacy and confidentiality of our clients' personal information is a priority. We understand that you have entrusted us with your private financial information, and we do everything possible to maintain that trust. The following sets forth details of our approach to ensuring the confidentiality of your personal information.
- We never sell client lists or information about our clients (or former clients) to anyone.
- In the normal course of business we collect information about our clients from the following sources: (1) account documentation, including applications or other forms (which may include information such as the client's name, address, social security number, assets, and income) and (2) information about our clients' transactions with us (such as account balances and account activity).
- We have strict policies and procedures to safeguard personal information about our clients (or former clients) which include (1) restricting access and (2) maintaining physical, electronic, and procedural safeguards that comply with federal standards for protecting such information.
To be able to serve our clients and to provide financial products efficiently and accurately, it is sometimes necessary to share information with companies that perform administrative services for us or on our behalf. These companies are required to use this information only for the services for which we hired them, and are not permitted to use or share this information for any other purpose.
Export Controls
Software downloaded from or accessed through this site is further subject to the United States Export Controls. No software from this site may be downloaded or exported (i) into (or to a national or resident of) any country to which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Order. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Performance Warning
Past performance is not necessarily a guide to future returns and no representation or warranty, express or implied, is made regarding future performance. The value of investments and any return from them can go down as well as up. You may not get back the amount originally invested. Some investments discussed on this site may have a high level of volatility. High-volatility investments may experience sudden and large falls in their value, causing losses when that investment is realized. Those losses may equal your original investment. Indeed, in the case of some investments, the potential losses may exceed the amount of initial investment and, in such circumstances you may be required to pay more money to support those losses.
Income yields from investments may fluctuate and, in consequence, initial capital paid to make the investment may be used as part of that income yield. Some investments may not be readily realizable and it may be difficult to sell or realize those investments. Similarly, it may prove difficult for you to obtain reliable information about the value or risks to which such an investment is exposed.
Each provision of these Terms of Use is separately enforceable
If any provision of these terms is deemed unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these terms and will not affect the validity and enforceability of the remaining provisions. The preceding terms and conditions of use represent the entire agreement between AllianceBernstein and the user relating to the subject matter herein.
Online Instructions
I agree to the use of Bernstein's website and/or the Bernstein online software application that has been downloaded onto my mobile device, if applicable (the “Bernstein App”), to provide eligible online instructions and elections relating to my Bernstein accounts, and I hereby consent to electronic delivery of all notices, disclosures, and communications included in or delivered electronically along with those online instructions or elections (“account communications”). I understand that I will not receive printed versions of the account communications by mail. However, I may request printed copies of any account communications that Bernstein is required by law to send to me for no additional charge. I agree that my request for printed copies will not affect the validity of any account communication that was previously delivered electronically.
This consent is effective immediately and is valid until revoked by me. I can revoke my consent at any time by contacting my Bernstein Advisor. I understand that if I do not wish to consent to these terms and conditions to provide online instructions and elections for a specific instance or going forward, I can inform my Bernstein Advisor that I would like to provide printed account instructions and elections. Regardless of whether I have consented to these terms and conditions, Bernstein will continue to ask me to provide verbal or written consent (as determined by Bernstein) for account instructions and elections that are not eligible for this electronic consent.
I agree to promptly inform Bernstein of changes to my e-mail address by contacting my Bernstein Advisor. I have Internet access and an e-mail address to receive account communications electronically. If I wish to retain copies of any account communications that are made available electronically through the Bernstein website, I understand that I would need a printer or other device, or the ability to download documents, to print or save copies of any such documents. I understand that there may be costs associated with my use of Bernstein's website or the Bernstein App to access account communications (such as Internet access fees, phone charges, printing costs, etc.) for which I am responsible.
I agree to be bound by any affirmance, assent, or agreement entered into electronically by me (or any person using my access codes), including this consent to receive eligible account communications from Bernstein solely through electronic delivery. Any agreement, instruction, election, or disclosure that I (or any person using my access codes or the Bernstein App) accept or enter into electronically will be deemed to be the legal equivalent of my handwritten signature. I further agree that I will not contest the legally binding nature, validity, or enforceability of any such agreement, instruction, election or disclosure based on the use of an electronic signature.
Wealth Hub Terms & Conditions
Your use of the Aggregation Services through Bernstein.com or the Bernstein Mobile App is governed by the following terms and conditions (the “Terms”) which supplement and are in addition to other terms and conditions and agreements to which you have agreed to or entered into with Bernstein, including but not limited to the terms and conditions governing your use of Bernstein.com and/or the Bernstein Mobile App. If there are any conflicts between the other agreements and these Terms with respect to the Aggregation Services, these Terms shall govern. Before you can use the Aggregation Services, you must review and accept these Terms.
AllianceBernstein L.P. (“Bernstein”, “us” or “we”) has entered into an agreement with Quovo, a third party aggregation services provider (the “Service Provider”), to facilitate provision of the Aggregation Services. In order to use the Aggregation Services, you will be required to accept the Service Provider’s terms and conditions, and authorize the Service Provider to access third-party sites, your external accounts and external account information designated by you, on your behalf, to retrieve such information requested by you through the Aggregation Services and to appoint the Services Provider as your agent for this limited purpose.
You hereby represent to us that you are an owner of, a legal signer for, and/or are legally authorized to access each external account and have the authority to designate the Service Provider as your agent and to share your passwords, user names and all other information you provide. You are responsible for all charges associated with third-party sites and agree to comply with the terms of those third-party sites. You agree that we are entitled to rely on the authorizations granted by you to the Service Provider. You agree that we do not assume any responsibility for, and that we shall incur no liability with respect to, the acts, omissions or determinations of any provider of such third-party site.
You understand and agree that due to the nature of the Internet, we cannot always foresee or anticipate technical or other difficulties that might arise regarding the Aggregation Services. These difficulties may result in loss of data, lost personalization settings or other service interruptions. We cannot assume responsibility for the timeliness, deletion, loss, mis-delivery or failure to store any user data, communications or personalization settings.
You acknowledge that your external account information is not updated by us and that we do not guarantee its accuracy, completeness or timeliness. You acknowledge that such information may be more up-to-date when obtained directly from the relevant third-party site.
Your external account information is provided via the Aggregation Services for informational purposes only. We are not liable for any errors or delays in the content provided by the Service Provider, or for any actions taken in reliance thereon. The trading and transactional services that you may access at third-party sites through the links on the Aggregation Services, if any, are services of the providers of such third-party sites. The Aggregation Services may provide links to third-party sites for your convenience and viewing only. We do not endorse or recommend the services of any third-party site. The provider of the third-party site is solely responsible for its services to you, the user. We are not liable for any damages or costs of any type arising out of or in any way connected with your use of any external account information and/or the services of any third-party site accessed by you through links on the Aggregation Services.
You are responsible for maintaining the confidentiality of your password, user name, or other means that give you access to the Aggregation Services (together, your “Password”). You are fully responsible for all activities that occur using your Password. You agree to notify us immediately of any unauthorized use of your Password or any other threatened or actual breach of security. We will not be liable for any loss that you may incur as a result of someone else using your Password, either with or without your knowledge or consent.
YOU AGREE THAT NEITHER WE (INCLUDING OUR AFFILIATES, SUBSIDIARIES, LICENSORS, AND SUPPLIERS) NOR OUR SERVICE PROVIDERS OR ANY OF THEIR AFFILIATES, ACCOUNT PROVIDERS OR ANY OF THEIR AFFILIATES, WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF WE OR OUR SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR ARISING IN ANY WAY OUT OF: (I) THE USE OR THE INABILITY TO USE THE AGGREGATION SERVICES; (II) THE COST OF GETTING SUBSTITUTE SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANYONE ON THE AGGREGATION SERVICES; (V) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD-PARTY SITE, EVEN IF THE PROVIDER OF SUCH THIRD-PARTY SITE HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES; (VI) ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE AGGREGATION SERVICES; (VII) THE FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF THE AGGREGATION SERVICES, EVEN IF WE, INCLUDING OUR AFFILIATES, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES; OR (VIII) ANY OTHER MATTER RELATING TO THE AGGREGATION SERVICES.
HYPERLINKS TO OTHER INTERNET RESOURCES ARE AT YOUR OWN RISK. THE PRODUCTS, SERVICES, INFORMATION, AND/OR MATERIALS OBTAINED THROUGH THE AGGREGATION SERVICES ARE PROVIDED AND SERVICED BY, AND SUBJECT TO THE TERMS, CONDITIONS AND/OR WARRANTIES, IF ANY, OFFERED BY THE RESPECTIVE THIRD-PARTY PROVIDER OF SUCH PRODUCTS, SERVICES, INFORMATION AND/OR MATERIALS. WE, INCLUDING OUR AFFILIATES, MAKE NO REPRESENTATION WITH RESPECT TO, AND SHALL NOT BE HELD LIABLE OR ACCOUNTABLE FOR, THE CONFORMITY OF THIRD-PARTY PRODUCTS, SERVICES, INFORMATION AND/OR MATERIALS TO SUCH TERMS, CONDITIONS AND WARRANTIES.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
We reserve the right to change or discontinue, temporarily or permanently, the Aggregation Services at any time without notice to you. In order to maintain the security and integrity of the Aggregation Services we may also suspend your access to such services at any time without notice. In addition, we may discontinue the provision of such services to you for any reason.
SECURE SHARE TERMS AND CONDITIONS
Effective Date: October 22, 2026 | Supersedes all prior versions
1. Parties; Scope; Definitions
AllianceBernstein L.P. (“AB”), an investment adviser registered with the U.S. Securities and Exchange Commission (the “SEC”), is pleased to offer you the Secure Share Services ("Secure Share"). Secure Share is a document transmission platform that allows you to send and receive account-related or prospective relationship documents, including account forms and agreements, financial statements, identification records, and other documents relating to an existing or prospective relationship (collectively, the "Documents"), and to share Documents with, or receive Documents from, an AB financial advisor, AB support personnel, or other authorized AB personnel (collectively, "AB Personnel").
Your use of Secure Share is governed by these terms and conditions ("Terms"). The words "we," "us," "our," or “AB” refer to AllianceBernstein L.P., which is the only AB entity that is a party to these Terms. AB’s affiliates, and their respective directors, officers, employees, agents, and service providers, are not parties to these Terms, but are intended third-party beneficiaries of the disclaimer, limitation-of-liability, indemnification, and arbitration provisions of these Terms. The words "you," "your," and "yours" refer to any person accessing or using Secure Share, whether as a client, prospect, family member, professional contact, representative, or other third party.
AB financial advisors are also registered representatives of an AB affiliate that is a broker-dealer registered with the SEC and a member of the Financial Industry Regulatory Authority (“FINRA”) and the Securities Investor Protection Corporation (“SIPC”). Access to or use of Secure Share does not change the nature of your relationship with AB or with any AB affiliate. Information about the services AB provides, and the differences between advisory and brokerage relationships, is available in AB’s Form ADV Part 2A and Form CRS.
To the extent applicable to you, these Terms supplement other terms, conditions, notices, and agreements governing your relationship or interactions with AB, including the Terms of Use (“Website Terms”) governing Bernstein.com (My Bernstein Online) and the My Bernstein Mobile App terms (“Mobile Terms”). To the extent applicable, the indemnification, disclaimer of warranties, and limitation-of-liability provisions in the Website Terms and Mobile Terms also apply to your use of Secure Share. If these Terms conflict with the Website Terms or Mobile Terms with respect to Secure Share, these Terms control. If these Terms conflict with an advisory agreement, brokerage account agreement, or other agreement signed by you and AB or an AB affiliate, that signed agreement controls.
This Agreement contains a predispute arbitration clause in Section 20 (“Arbitration”), at paragraphs 20.1 through 20.9. By checking the “I Agree” button, you acknowledge that you have been given an opportunity to review these Terms, including the arbitration disclosures and clause, and agree to be bound by them to the maximum extent permitted by applicable law.
2. Your Responsibilities
Documents you upload to Secure Share, and the information contained in them, may be accessible to AB Personnel and to AB affiliates and service providers authorized to support Secure Share or the relevant existing or prospective relationship. For more information about how AB may use and share Documents, please see Section 7 (“Agreement to Only Upload Documents Appropriate for Secure Share”) and Section 8 (“Privacy, Data Security, and Incident Notification”) below. All Documents you upload to Secure Share will be available to you in Secure Share for up to thirty (30) days. Access may expire earlier, including upon expiration or revocation of a Secure Share link. After that period, AB will retain Documents and related records in accordance with applicable law, including Rule 204-2 under the Investment Advisers Act of 1940 and, where applicable to an AB affiliate, Rule 17a-4 under the Securities Exchange Act of 1934, and AB’s records-retention policies and procedures, including in instances where you delete a Document or your Secure Share access terminates.
You have sole responsibility for all of the Documents that you upload to Secure Share and your use of Secure Share services. You also have sole responsibility to ensure that the Documents are appropriate. You agree to comply with all applicable laws, rules and regulations in connection with your use of Secure Share.
Secure Share is not an archival service. Do not alter, delete or destroy original copies of your Documents. Except in the case of AB’s gross negligence, willful misconduct, or fraud, AB shall not be responsible or liable for the deletion, correction, alteration, destruction, damage, loss or failure to store any Documents. To the extent Documents are copyrighted, you are responsible for obtaining any licenses regarding such materials prior to sharing such Documents with anyone, including AB Personnel.
You are responsible for maintaining the confidentiality of any user identifications, passwords, authentication codes, one-time access links, or other security devices or procedures (collectively, “Credentials”) issued to you or that you select and that are used to access Secure Share. You should not share your Credentials, and should not forward a Secure Share access link to any person who is not authorized to receive the applicable Documents. If you access Secure Share on behalf of an entity, you shall maintain, and provide to us upon request, a list of the individuals you have authorized to use your Credentials, and you shall promptly advise us of any changes to that list. You agree not to alter, delete, disable or otherwise circumvent any Credential or permit or assist any other party to do so in a manner not authorized by us. We reserve the right to suspend your access to Secure Share and change (or require you to change) your Credentials at any time. You agree to notify us promptly upon learning or suspecting that any unauthorized party has obtained your Credentials.
3. Device, Network, and Security Responsibilities
3.1 You are responsible for maintaining the security of each device, network, email account, telephone number, and system used to receive a Secure Share link or authentication code or to access Secure Share. You must use reasonable security measures, including current security updates and malware protection where appropriate, and must not access Secure Share through a device, network, or account you know or reasonably suspect is compromised. Except in the case of AB’s gross negligence, willful misconduct, or fraud, and except to the extent liability cannot be excluded under applicable law, AB is not responsible for access or disclosure resulting from your failure to safeguard your devices, networks, accounts, links, Credentials, or authentication methods. Nothing in this paragraph limits AB’s obligations under Regulation S-P or applicable state data breach notification laws.
3.2 You must promptly notify AB if you know or suspect that a Secure Share link, Credential, authentication code, email account, device, or Document has been lost, misdirected, compromised, accessed without authorization, or otherwise misused. Notice under this paragraph must be provided to your AB Personnel or through the security or fraud-reporting contact identified on Bernstein.com or in another communication provided by AB, and is effective when actually received by AB. While notification does not itself obligate AB to recover a Document, reverse an action, or prevent disclosure, AB will initiate its incident-response procedures where required and may suspend access or take other protective measures in its discretion. Nothing in this paragraph limits any obligation AB has to provide notice under paragraph 8.4.
3.3 Submission, receipt, review, or retention of Documents through Secure Share does not create an AB account or establish a client, advisory, brokerage, fiduciary, agency, or other relationship; constitute acceptance of you as a client; constitute investment, legal, tax, or other advice; obligate AB to open an account, enter into a transaction, provide any service, or take any action; or guarantee that AB or AB Personnel will review or act upon any Document. This paragraph addresses only whether a new relationship is created through Secure Share. It does not limit, modify, or disclaim any duty AB owes to its existing advisory clients under the Investment Advisers Act of 1940, or any obligation of an AB affiliate to its existing customers under Regulation Best Interest or the rules of FINRA.
4. No Duty to Review; No Account Instructions; No Legal Notice
4.1 Secure Share is provided solely as a means of transmitting and receiving Documents and is not intended to serve as a means of providing instructions, legal notices, service requests, or other communications requiring action by AB. AB has no duty to monitor, review, evaluate, verify, interpret, escalate, respond to, or act upon any Document uploaded, transmitted, or made available through Secure Share, and Documents may not be reviewed immediately or reviewed at all. Nothing in this Section limits AB’s supervisory, review, surveillance, retention, or recordkeeping obligations under applicable law, including Rules 204-2 and 206(4)-7 under the Investment Advisers Act of 1940, or the obligations of any AB affiliate under the rules of any self-regulatory organization.
4.2 Secure Share may be used to transmit a completed form or Document that AB has requested. Successful upload indicates only that the Document was transmitted to the Secure Share platform. It does not establish that the Document was routed to or reviewed by the appropriate AB Personnel, accepted as complete or valid, approved for processing, or constitute legal or regulatory notice to AB.
4.3 Secure Share should not be used as the means of communicating a time-sensitive or standalone instruction, including transaction or trading instructions, distribution requests, beneficiary designations or changes, changes to standing instructions, notices of death or incapacity, claims, or any communication subject to a deadline or requiring timely action by AB. Please communicate those instructions through the channels identified in your account or advisory documentation or by contacting your AB Personnel directly.
Nothing in this Section relieves AB or any AB affiliate of any obligation under applicable law or the rules of any self-regulatory organization with respect to a complaint, notice, or other communication actually received. If you wish to submit a complaint, please direct it to the contact identified in your account or advisory documentation, or to your AB Personnel, so that it is recorded and handled in accordance with AB’s policies.
4.4 AB reserves the right, but assumes no obligation, to monitor, review, reject, remove, retain, or delete any Document uploaded to Secure Share, or to request removal of such Document from its records, in its sole discretion, subject in each case to AB’s recordkeeping, retention, supervisory, and legal hold obligations under applicable law. AB’s review, retention, deletion, failure to review, or failure to delete any Document shall not constitute acknowledgment, acceptance, approval, verification, receipt, or agreement to act upon any Document or information contained therein.
4.5 A Document will be accepted for processing only when AB expressly confirms acceptance through an authorized communication channel and completes any required review, verification, authentication, approval, or other processing procedures. An automated upload confirmation establishes only technical transmission to Secure Share and does not constitute acceptance, approval, or confirmation that AB will act by any particular time. AB may require a Document or instruction transmitted through Secure Share to be resubmitted through another method or accompanied by additional documentation before acting upon it.
5. Electronic Signatures and Electronic Records
5.1 The presence of an electronic signature, certificate, authentication record, or other electronic execution evidence does not require AB to accept or rely on a Document. AB may, in its sole discretion and to the extent permitted by law, reject a Document, require original or additional documentation, require re-execution, or independently verify any signature, identity, authority, consent, or information before accepting or acting on a Document.
5.2 Electronic acceptance, signatures, and attribution. You agree that your acceptance of these Terms may be evidenced electronically. To the extent permitted by applicable law, electronic signatures and records may have the same legal effect as manually executed signatures and paper records. Use of your Credentials in connection with transmission of a Document may be considered evidence that the Document is attributable to you, but AB may require additional verification and will consider notices of suspected compromise and other relevant circumstances. Nothing in these Terms constitutes consent to electronic delivery of any record for which AB requires or obtains a separate electronic-delivery consent.
5.3 Electronic delivery of records. Where AB delivers a record to you through Secure Share that applicable law requires be provided in writing, that delivery is made in reliance on a separate electronic delivery consent you have given AB, and not on these Terms.
6. Identity, Authority, and Capacity
Access to Secure Share or successful completion of an authentication step does not establish that AB has verified your identity, legal capacity, authority, representative status, ownership interest, or authorization to act for another person or entity. AB may require separate verification and supporting documentation at any time. You represent that all identity, capacity, authority, and contact information you provide is accurate, complete, and current, and that you are authorized to access, receive, and submit the applicable Documents. You further represent that you are at least 18 years of age, unless AB has expressly authorized your access. Documents concerning a minor must be transmitted by an authorized adult or through another method designated by AB.
7. Agreement to Only Upload Documents Appropriate for Secure Share
You may upload only Documents that you own or for which you have all necessary rights, authority, permissions, consents, and licenses. Each time you upload a Document, you represent, warrant, and certify to AB that the upload, disclosure, transfer, storage, processing, and contemplated use of the Document by AB are lawful and comply with all applicable local, state, federal, national, foreign, privacy, data-protection, confidentiality, professional-secrecy, banking-secrecy, recordkeeping, intellectual-property, sanctions, and export-control requirements, as well as any contractual duties binding upon you.
If a Document contains personal information or other information concerning any third party, including a family member, beneficiary, employee, client, customer, business associate, or professional contact, you represent and warrant that you have provided all required notices and possess a valid legal basis and all necessary authority, permissions, and consents to disclose that information to AB and to permit AB and its service providers to collect, use, process, transfer, store, retain, review, and disclose it as described in these Terms and applicable privacy notices. You remain responsible for responding to and resolving any claim by a third party arising from your submission of that information.
You agree not to use Secure Share to: (a) transmit Documents unrelated to the purpose for which AB provided access; (b) transmit information that you are prohibited from disclosing or transferring to AB or outside the country in which the information was collected; (c) transmit sensitive or special-category personal information, including medical or health information, biometric or genetic data, precise geolocation data, or information revealing racial or ethnic origin, religious beliefs, or sexual orientation, unless specifically requested by AB and permitted by applicable law; (d) transmit government-issued identification or personal information concerning another person unless you have authority to do so; (e) transmit information subject to state-secrecy, professional-secrecy, banking-secrecy, localization, blocking, export-control, sanctions, or similar restrictions that prohibit or limit disclosure, access, storage, or processing by AB; (f) transmit unlawful, harassing, libelous, abusive, defamatory, obscene, vulgar, hateful, harmful, or otherwise objectionable content; (g) infringe intellectual-property, privacy, publicity, confidentiality, or other rights; or (h) introduce malicious code, viruses, corrupted files, or other harmful material.
8. Privacy, Data Security, and Incident Notification
8.1 Privacy notices. AB’s privacy notice and security information applicable to Secure Share are available at https://www.alliancebernstein.com/corporate/en/footer-disclosure/privacy-policy.html and are incorporated into these Terms by reference. If you have received a separate privacy notice with your account or investment documentation, that notice applies to you and controls over the general notice. A paper copy of any applicable notice will be provided at no charge upon request, by contacting AB at the address in paragraph 21.1. You acknowledge that you have been given an opportunity to review the applicable privacy notices before using Secure Share.
8.2 Except as provided in paragraph 8.1, AB’s handling of your personal information is governed by AB’s general privacy policy and by applicable state privacy law, which may give you rights to access, correct, delete, or limit the use of your personal information. AB’s general privacy policy explains how to exercise those rights, and California residents may also refer to AB’s CCPA notice at https://www.alliancebernstein.com/corporate/en/footer-disclosure/privacy-policy/ccpa.html.
8.3 No agency. Except to the extent expressly agreed by AB in writing or otherwise required by applicable law, nothing in these Terms appoints AB as your agent, fiduciary, custodian, or data processor with respect to Documents you upload. AB may collect, use, process, review, disclose, transfer, store, and retain Documents and related information in accordance with applicable law, these Terms, applicable privacy notices, and AB policies and procedures. Disclosure of nonpublic personal information to nonaffiliated third parties is governed by AB’s Regulation S-P privacy notice and applicable law, and is not authorized by the license granted in Section 17.
8.4 Security incidents and notification. AB maintains an incident-response program designed to detect, respond to, and recover from unauthorized access to or use of customer information, as required by applicable law. AB will investigate suspected incidents and provide any notice required by Regulation S-P or applicable state or other law, within the applicable period and subject to any exception, delay, or other condition permitted by law. Nothing in these Terms limits or modifies those obligations.
9. International Users; Cross-Border Data Transfers; Export Controls
Secure Share is operated and maintained from the United States. AB may, in its sole discretion, permit access from outside the United States. Documents and related information may be accessed, processed, transferred, stored, and retained in the United States and in other jurisdictions where AB, its affiliates, or its service providers operate, which may have data-protection and governmental-access laws that differ from those of your country. Where consent is a valid legal basis under applicable law, you consent to those transfers; where it is not, AB may rely on another lawful transfer mechanism.
You are responsible for determining whether your use of Secure Share and your transfer of Documents comply with laws applicable to you, including privacy, data-protection, secrecy, data-localization, blocking, export-control, sanctions, and cross-border transfer requirements. You must not use Secure Share where doing so is prohibited or requires an authorization, notice, or consent that has not been obtained. Access to Secure Share does not represent that AB or any affiliate is licensed, registered, or authorized to offer any product or service in your jurisdiction.
AB may suspend, restrict, or terminate your access at any time, with or without notice, including when a link or session expires, the purpose for access has concluded, your relationship or prospective relationship with AB ends, or AB determines that continued access presents legal, regulatory, security, privacy, sanctions, operational, or reputational risk. Expiration or termination does not affect AB’s right or obligation to retain Documents in accordance with applicable law and AB record-retention policies.
Permitting access from outside the United States does not constitute solicitation of business, an offer of securities or services, the provision of investment advice, the establishment of a place of business, or consent to regulatory jurisdiction in your jurisdiction. No offer or solicitation is made where it would be unlawful or where AB is not authorized.
You may not use Secure Share to transfer, export, re-export, or otherwise make available Documents, technology, or information in violation of applicable sanctions, embargoes, trade restrictions, export-control laws, data-security requirements, national-security requirements, or cross-border data-transfer restrictions. You represent that you are not subject to applicable sanctions or located in a jurisdiction where use of Secure Share is prohibited. AB may screen, block, reject, disclose, or report activity, and may suspend or terminate access, where AB reasonably believes doing so is necessary to comply with law or policy. AB may act without prior notice to you and may be prohibited by law from disclosing that a report has been made. AB may also restrict access, transfer, disclosure, or processing where reasonably necessary to comply with applicable data-security, national-security, sanctions, export-control, or cross-border data-transfer requirements.
10. Amendment of the Terms
AB may amend these Terms from time to time by posting, presenting, or otherwise providing the revised Terms through Secure Share or another appropriate communication channel. Revised Terms will apply prospectively from the effective date stated in the notice or revised Terms. Where required by applicable law or where AB determines that a change is material, AB may require you to affirmatively accept the revised Terms before continuing to use Secure Share. Notwithstanding the foregoing, no amendment to Section 20 (Arbitration) will apply to any dispute of which AB had notice before the amendment’s effective date, and AB will provide at least thirty (30) days’ advance notice of any amendment to Section 20, during which you may decline the amendment by discontinuing use of Secure Share.
11. Assumption of Risk
You expressly agree that your use of Secure Share is at your own risk and that you assume the risks arising from its use, except for risks and liabilities arising from AB’s gross negligence, willful misconduct, or fraud, and except to the extent such risks or liabilities cannot be allocated or excluded under applicable law.
12. Records, Audit Logs, Investigations, and Legal Process
AB may create, preserve, retain, review, use, disclose, and produce Documents and associated metadata, access records, authentication records, audit logs, transmission records, communications, and other Secure Share information in accordance with applicable law, regulation, legal process, governmental or regulatory request, examination, investigation, litigation hold, discovery obligation, and AB’s applicable records-retention, information-governance, security, and legal-hold policies, including for the establishment, exercise, or defense of legal rights. Deleting a Document from your view or allowing a link or session to expire does not require AB to delete related records from its systems or records.
In addition, AB is not responsible for retaining your Documents in Secure Share nor does AB warrant and/or represent that uploading any Document into Secure Share relieves you of the requirements and/or need to retain original versions of the Documents. As such, we strongly recommend maintaining copies (paper and digital) of all Documents for your future reference. Do not upload to Secure Share your only copy of a Document and/or delete or destroy all other copies of your Document after uploading to Secure Share.
13. Force Majeure
You agree that we are not liable for any loss caused directly or indirectly by government restrictions, exchange or market rulings, suspension of trading, war, civil disturbances, terrorism, strikes, natural calamities, acts or omissions of exchanges, specialists, markets, clearance organizations or information providers, delays in mails, delays or inaccuracies in the transmission of orders or information, laws, exchange or self-regulatory organization, rules or actions, or other conditions beyond AB's control.
14. Disclaimer of Warranties
The Secure Share service is provided on an “as is” and “as available” basis. AB does not warrant that Secure Share will be available, uninterrupted, timely, secure, error-free, free of viruses or other harmful components, compatible with any other hardware, software, or system, or that it will meet your requirements or expectations. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are disclaimed to the maximum extent permitted by applicable law. Secure Share is subject to limitations and delays inherent in the internet and electronic communications, and AB is not liable for any interruption of access, for interception by third parties of information transmitted through Secure Share, or for the act or omission of any other party involved in making Secure Share available to you. Nothing in this Section disclaims any warranty or excludes any liability that may not lawfully be disclaimed or excluded, or limits any right or remedy available to you under the federal securities laws.
15. Limitation of Liability
The limitations on liability in these Terms include, but are not limited to, the transmission of any viruses which may infect a user’s equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure.
Notwithstanding any other provision of these Terms, nothing in these Terms excludes or limits the liability of AB for: (a) gross negligence, willful misconduct, recklessness, bad faith, or fraud; (b) any liability that may not lawfully be excluded or limited; or (c) any right or remedy available to you under the federal securities laws or applicable state securities law. Nothing in these Terms constitutes a waiver by AB of compliance with any provision of the Investment Advisers Act of 1940 or the rules thereunder.
16. Indemnification
To the maximum extent permitted by applicable law, you agree to indemnify and hold harmless AB, its affiliates, and their respective directors, officers, employees, agents, and service providers from third-party claims, losses, damages, and reasonable costs and expenses, including reasonable attorneys’ fees, arising out of or relating to: (a) any Document you upload or transmit; (b) your lack of authority or legal right to access, receive, disclose, or transmit a Document or information; (c) your violation of these Terms or applicable law; or (d) your misuse of Secure Share. This provision does not apply to the extent a claim arises from AB’s own negligence, gross negligence, willful misconduct, fraud, or breach of these Terms; does not require indemnification where it may not lawfully be required; and does not limit any claim, defense, remedy, or award available under applicable FINRA rules, the federal securities laws, or other non-waivable law. Nothing in this Section requires an advisory client of AB to indemnify AB in respect of any claim arising out of the advisory relationship.
17. Usage and Proprietary Rights
You retain all right, title, and interest in and to your Documents, and AB claims no ownership interest in them. You grant AB a nonexclusive, worldwide, royalty-free license (sublicensable solely to AB’s affiliates and service providers acting on AB’s behalf) to access, reproduce, transmit, process, store, retain, and disclose Documents as reasonably necessary to operate and support Secure Share, support the relevant existing or prospective relationship, comply with applicable law and regulation, and establish, exercise, or defend legal rights. This license does not authorize any disclosure of nonpublic personal information that is not permitted by Regulation S-P and AB’s privacy notices. This license survives expiration or termination of your access to the extent necessary for those purposes. AB retains exclusive control over Secure Share and may change, suspend, restrict, or discontinue all or any portion of Secure Share at any time, subject to applicable law. You may not attempt to compromise, test, or circumvent any security feature of Secure Share, or facilitate unauthorized access to it. Nothing in these Terms prohibits you from retaining, reviewing, or disclosing these Terms or from making disclosures protected or required by applicable law.
18. Regulatory Status; Non-Waiver of Rights; Communications with Regulators
18.1 Non-waiver of rights under the securities laws. Nothing in these Terms waives, limits, or modifies any right or remedy you may have under the Investment Advisers Act of 1940, the Securities Act of 1933, the Securities Exchange Act of 1934, the Investment Company Act of 1940, the rules and regulations thereunder, or any applicable state securities law, and nothing in these Terms constitutes a waiver by AB of compliance with any provision of those laws. Federal and state securities laws impose liabilities in certain circumstances on persons who act in good faith, and nothing in these Terms constitutes a waiver or limitation of any rights you may have under those laws.
18.2 Fiduciary duties preserved. Nothing in these Terms is intended to, or shall, limit or modify any fiduciary duty AB owes to its advisory clients under the Investment Advisers Act of 1940, or any obligation of an AB affiliate under Regulation Best Interest (17 C.F.R. § 240.15l-1) or the rules of FINRA.
18.3 Communications with regulators. Nothing in these Terms limits or interferes with your right to report possible violations of law or regulation to, file a charge or complaint with, communicate with, or participate in any investigation or proceeding conducted by the SEC, FINRA, or any other governmental agency or self-regulatory organization, or to receive an award for information provided to any such body. You do not need AB’s prior authorization to do so, and you are not required to notify AB that you have done so. This paragraph applies notwithstanding any other provision of these Terms.
19. Governing Law; Severability
To the maximum extent permitted by applicable law, these Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict-of-laws principles. Nothing in this section limits any non-waivable protection under applicable law, including any non-waivable protection under the securities or consumer protection laws of the state in which you reside.
If any provision of these Terms is determined to be invalid, illegal, or unenforceable in any jurisdiction or as applied to any person or claim, that provision shall be enforced to the maximum extent permitted and modified only to the minimum extent necessary to make it enforceable. The remaining provisions shall remain in full force and effect, and the determination shall not affect the validity or enforceability of that provision in another jurisdiction or application.
20. Arbitration
20.1 This agreement contains a predispute arbitration clause. By signing an arbitration agreement the parties agree as follows:
(1) All parties to this agreement are giving up the right to sue each other in court, including the right to a trial by jury, except as provided by the rules of the arbitration forum in which a claim is filed.
(2) Arbitration awards are generally final and binding; a party’s ability to have a court reverse or modify an arbitration award is very limited.
(3) The ability of the parties to obtain documents, witness statements and other discovery is generally more limited in arbitration than in court proceedings.
(4) The arbitrators do not have to explain the reason(s) for their award unless, in an eligible case, a joint request for an explained decision has been submitted by all parties to the panel at least 20 days prior to the first scheduled hearing date.
(5) The panel of arbitrators may include a minority of arbitrators who were or are affiliated with the securities industry.
(6) The rules of some arbitration forums may impose time limits for bringing a claim in arbitration. In some cases, a claim that is ineligible for arbitration may be brought in court.
(7) The rules of the arbitration forum in which the claim is filed, and any amendments thereto, shall be incorporated into this agreement.
20.2 Forum. Any dispute, claim, or controversy arising out of or relating to Secure Share or these Terms that is required or permitted to be arbitrated before FINRA under the FINRA Code of Arbitration Procedure (including because the dispute is with AB Personnel or an AB affiliate who is a FINRA member or a person associated with a FINRA member) shall be submitted to arbitration before FINRA in accordance with that Code. Any other such dispute, claim, or controversy shall be submitted to arbitration before JAMS in accordance with the JAMS Comprehensive Arbitration Rules and Procedures or, where you are a consumer, the JAMS Consumer Arbitration Minimum Standards then in effect. If FINRA declines or lacks jurisdiction over a dispute, or FINRA arbitration is otherwise unavailable, that dispute shall be submitted to JAMS on the same basis.
Nothing in these Terms limits your right, as a customer of a FINRA member, to require that member or its associated persons to arbitrate before FINRA under FINRA Rule 12200. The disclosures in paragraphs (1) through (7) above describe arbitration before FINRA; where a dispute is submitted to JAMS, the rules of JAMS govern and may differ in the respects those disclosures describe.
20.3 Costs and hearing location. Where you are a consumer, AB will pay all arbitration filing, administrative, and arbitrator fees in excess of the amount you would have paid to file the claim in the state or federal court of general jurisdiction for the place where you reside, and will pay those fees within the time required by the applicable forum rules and applicable law, including Sections 1281.97 through 1281.99 of the California Code of Civil Procedure where those provisions apply. The location of any FINRA arbitration will be determined in accordance with the FINRA Code of Arbitration Procedure. For a consumer arbitration administered by JAMS, any in-person hearing will be held at a reasonably convenient location near the consumer’s residence or at another location agreed upon by the parties, subject to applicable JAMS rules and applicable law.
20.4 Small claims. Either party may bring an individual claim in a small claims court of competent jurisdiction in lieu of arbitration, so long as the claim remains in that court and is brought on an individual basis.
20.5 Sexual assault and sexual harassment claims. Consistent with the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, 9 U.S.C. §§ 401–402, you may elect not to arbitrate any dispute that constitutes a sexual assault dispute or a sexual harassment dispute as defined in that Act, and no provision of these Terms will be enforced to require arbitration of such a dispute over your objection.
20.6 Delivery and copy of this agreement. AB will make a copy of these Terms available to you at the time of acceptance or within thirty (30) days thereafter. Where required by FINRA Rule 2268, AB will obtain or retain an acknowledgment of your receipt of the agreement. Upon your later request, AB will provide a copy of any predispute arbitration clause or agreement executed between you and AB that AB maintains, or will inform you that AB does not maintain a copy, within ten (10) business days after receiving your request or within any other period required by applicable FINRA rules. Requests should be sent to the address in paragraph 21.1.
20.7 Class actions. No person shall bring a putative or certified class action to arbitration, nor seek to enforce any predispute arbitration agreement against any person who has initiated in court a putative class action or who is a member of a putative class who has not opted out of the class with respect to any claims encompassed by the putative class action, until: (i) class certification is denied; (ii) the class is decertified; or (iii) the person is excluded from the class by the court. Such forbearance shall not constitute a waiver of any rights under these Terms except to the extent stated herein.
20.8 Non-limitation; severability. Nothing in these Terms limits or contradicts the rules of an applicable self-regulatory organization; limits the ability of a party to file any claim in arbitration or any claim permitted to be filed in court under applicable forum rules; limits the ability of arbitrators to make any award; or waives any non-waivable right or remedy. If arbitration may not lawfully be required for a particular user, dispute, or claim, that dispute or claim shall be resolved in a court of competent jurisdiction, and all other arbitrable disputes and claims shall remain subject to arbitration. The invalidity or unenforceability of any arbitration provision shall not affect the enforceability of the remaining provisions of these Terms.
20.9 Survival. This Section 20 survives termination or expiration of your access to Secure Share and of these Terms.
21. General Provisions
21.1 Notices. Notices to AB under these Terms must be sent to: AllianceBernstein L.P., Attn: Legal and Compliance Department, 501 Commerce Street, Nashville, TN 37203. Notices to you may be given at the email address or other electronic contact information you have provided to AB, or by posting through Secure Share.
21.2 Assignment. AB may assign these Terms, in whole or in part, to an affiliate or successor in connection with a merger, reorganization, transfer, or sale of the relevant business, subject to applicable law. Nothing in this provision modifies any consent requirement applicable to a separate investment advisory agreement. You may not assign these Terms or any rights under them without AB’s prior written consent.
21.3 Survival. Sections 7, 8, 11 through 20, and this Section 21 survive termination or expiration of your access to Secure Share, together with any other provision that by its nature should survive.
21.4 Accessibility. AB is committed to making Secure Share accessible. If you have difficulty accessing Secure Share or any Document because of a disability, please contact AB at the address in paragraph 21.1 and AB will work with you to provide the information in an accessible format.
21.5 Headings. Headings and section numbers are for convenience of reference only and do not affect the interpretation of these Terms.
21.6 Entire agreement. These Terms, together with the documents they incorporate by reference and the agreements identified in Section 1, constitute the entire agreement between you and AB with respect to Secure Share and supersede all prior understandings with respect to Secure Share.
Additional Terms:
For US Users
Certain information provided through this site has been filed with the United States Securities and Exchange Commission ("SEC") (such materials being referred to as "SEC Materials"). AllianceBernstein L.P. and AllianceBernstein Holding L.P. do not assume any duty of disclosure beyond that which is imposed by law, and expressly disclaim any duty to update any information set forth in the SEC Materials. The SEC Materials should be read in conjunction with AllianceBernstein L.P.'s and AllianceBernstein Holding L.P.'s periodic reports filed with the SEC, including the disclosures therein of certain factors which may affect AllianceBernstein L.P. Holding's future performance. Individual statements appearing in the SEC Materials are intended to be read in conjunction with and in the context of the complete SEC Materials in which they appear, rather than as stand-alone statements.
Certain statements included in both the SEC Materials and other public disclosures of AllianceBernstein L.P. and AllianceBernstein Holdings L.P. contained on this site are "forward-looking statements" within the meaning of the Private Securities Litigation Reform Act of 1995. Such forward-looking statements are subject to risks, uncertainties and other factors which could cause actual results to differ materially from future results expressed or implied by such forward-looking statements. The most significant of such factors include, but are not limited to, the following: the performance of financial markets, the investment performance of AllianceBernstein's sponsored investment products and separately managed accounts, general economic conditions, future acquisitions, competitive conditions, and government regulations, including changes in tax rates. AllianceBernstein L.P. and AllianceBernstein Holdings L.P. caution readers to carefully consider such factors. Further, such forward-looking statements speak only as of the date on which such statements are made; AllianceBernstein L.P. and AllianceBernstein Holdings L.P. undertake no obligation to update any forward-looking statements to reflect events or circumstances after the date of such statements.
When appropriate, certain research reports on this website are filed with the Financial Industry Regulatory Authority ("FINRA") for evaluation. To obtain copies of these evaluations (i.e., Review Letters), please send your request to: AllianceBernstein L.P., c/o Legal and Compliance Department, 1345 Avenue of the Americas, New York, NY 10105, USA.
For Bernstein Global Wealth Management Clients
Applicable Law
Your use and access of this site shall be governed by New York law, without giving effect to its conflict of law principles. You hereby agree that any legal action arising out of or relating to this site shall be brought only in the federal or state courts in the State of New York. You hereby agree that jurisdiction and venue are proper in such courts. This site is not intended for distribution to or use by any person in any jurisdiction or country where such distribution or use would be contrary to local law or regulation. Account information (other than materials from Sanford C. Bernstein Co., LLC - "SCB")
Account information (other than materials from Sanford C. Bernstein Co., LLC - "SCB") provided on this site does not purport to represent any of the disclosure documents that must be delivered to you pursuant to various rules and regulations governing the securities industry. You should continue to review carefully and rely upon the account and transactional information found in your account statements, SCB brokerage statements, SCB confirmations and other brokerage information provided to you either through the mail or this site and keep copies for future reference. Account performance, for managed assets only, is presented here before management fees but after transaction charges, except for accounts on an all-inclusive fee basis. Unmanaged assets are incorporated in reported account values. Online account information may differ from data disclosed in SCB brokerage statements for a variety of reasons. For example, SCB brokerage statements post transactions as of settlement date while the online data are shown as of trade date; online data accrue interest on fixed-income instruments whereas the mailed brokerage statements do not.
Materials of Sanford C. Bernstein & Co., LLC ("SCB")
Brokerage statements (including attached notices), trade confirmations, mutual-fund prospectuses, annual and semi-annual financial statements and other material designated as generated or provided by SCB (collectively "SCB Material") are being made available to you through this site by AllianceBernstein as a service to SCB. All matters and disclosures relevant to the SCB Material are included therein. By accessing the SCB Material, you accept that you have accessed and read all disclosures contained therein. AllianceBernstein has not and will not independently verify any of the information provided by SCB and therefore is not responsible for any inaccuracies or omissions in such information. Accordingly, AllianceBernstein and its affiliates (other than SCB) cannot warrant the accuracy of completeness of any SCB Material and shall have no liability in connection with such SCB Material. Past performance does not guarantee future results.
Annual Privacy Notice - This notice is being sent on behalf of Bernstein Global Wealth Management, a unit of AllianceBernstein L.P., and Sanford C. Bernstein Co., LLC. If you have any questions regarding the above policy, please call your Bernstein Advisor. Also please read our Privacy Policy for additional information
For UK Users
This site is issued into the United Kingdom by AllianceBernstein Limited, which is authorised and regulated by the Financial Conduct Authority and registered in the FCA Register (at http://www.fca.gov.uk/register/) at its registered office, 50 Berkeley Street, London W1J 8HA and is registered for value-added tax under VAT number 577714012.
Jurisdiction: If you are accessing this site from outside of the UK, your local legislation/regulation may not permit AllianceBernstein to offer products or services to you in your own country. You should check with your professional adviser as to whether such products are available in the country of your residence. The products and services referred to in this site are not offered to any person or entity in any jurisdiction where the advertisement, offer or sale of such products and services is restricted or prohibited by law or regulation or where any AllianceBernstein office or company would be subject to any registration or licensing requirement.
Governing Law: This site and its terms and conditions are governed by and shall be construed in accordance with English law and are subject to the exclusive jurisdiction of the English courts.
Complaints: If you have a complaint regarding this site or any service provided in the UK by AllianceBernstein, you can inform us of your complaint in writing, by phone, e-mail or in person. You should write to Chief Compliance Officer at:
60 London Wall
London
EC2M 5SJ
Tel. 020 7470 0100
Or via e-mail:
London_Compliance@alliancebernstein.com
To help us fully investigate and resolve your complaint as quickly as possible please provide the following information:
Your name and address
Your account number
A daytime telephone number where we can contact you
A clear description of your concern or complaint
Details of what you would like us to do to put right your concern or complaint
Copies of any relevant documents you may have
Users in Japan
Institutional Users
The information in this website is provided by AllianceBernstein Japan Ltd. ("ABJ"). ABJ is a registered investment advisor (registration number: Kanto Financial Bureau Chief no. 848) with approval to conduct the discretionary investment advisory business (approval number: Financial Reconstruction Committee no. 22). It is also a member of Japan Securities Investment Advisers Association (membership no. 011-00848).
Retail Users
This document has been provided by AllianceBernstein Investments, Inc. Tokyo Branch , a Type 1 financial instruments firm (registration number: Kanto Local Financial Bureau - "Financial Instruments Firm" #205). It is also a member of Japanese Securities Dealer Association.
Investment strategies and products of AllianceBernstein Japan Ltd. include investments in financial instruments whose prices fluctuate. Portfolio performance is affected by the fluctuation of prices of such financial instruments. Additionally, because AllianceBernstein Japan Ltd. enters into such transactions mentioned above with financial instruments firms, investment performance is affected by the change in their businesses and/or financial conditions.
The risk such as depreciation of assets belongs to clients. Therefore, there is no guarantee of principal and/or return. Types and natures of risks involved vary depending on the types of assets, investment restrictions, markets and countries that each investment account and/or ITM fund adopts. Because the amount of fees, (i.e. investment management fees, subscription fees, CDSCs and the other fees), and the sum of such amounts are different, it is not possible to indicate the amount of fees beforehand. Please read prospectuses or documents to be furnished prior to the conclusion of contracts carefully before making any decision.
Users in Canada
AllianceBernstein L.P. does not provide investment advice or deal in securities in Canada. The information on this website is provided by AllianceBernstein Canada, Inc. or Sanford C. Bernstein Co., LLC.
Users in Australia
Information on this website has been issued by AllianceBernstein Australia Limited (ABN 53 095 022 718 and AFSL 230698). Information contained in this website is intended only for persons that qualify as “wholesale clients”, as defined in the Corporations Act 2001 (Cth of Australia), and should not be construed as advice.
Users in New Zealand
The information on this website is issued by AllianceBernstein New Zealand Limited (AK 980088). Information contained in this website is intended for institutional investors only, and should not be construed as investment advice.
For Users in Hong Kong
AllianceBernstein L.P. does not provide investment advice or portfolio-management services or deal in securities in Hong Kong. The information on this website has been provided by AllianceBernstein Hong Kong Limited (聯博香港有限公司), an entity which is licensed by the Securities and Futures Commission of Hong Kong under the Securities and Futures Ordinance (Cap. 571) of Hong Kong (”SFO”) to carry out Types 1 (dealing in securities), 4 (advising on securities), 5 (advising on futures contracts) and 9 (asset management) regulated activities. The issuer of these articles is AllianceBernstein Hong Kong Limited (聯博香港有限公司). These articles have not been reviewed by the Securities and Futures Commission.
Investment involves risks. There is no guarantee that any forecasts or opinions in this material will be realized. Information should not be construed as investment advice.
AllianceBernstein® and the AB logo are registered trademarks and service marks used by permission of the owner, AllianceBernstein L.P.
For Users in Singapore
The information on this website has been issued by AllianceBernstein (Singapore) Limited. (Company Registration No. 199703364C). AllianceBernstein (Singapore) Limited is a holder of a capital markets services license issued by the Monetary Authority of Singapore to conduct regulated activities in fund management and dealing in securities.
Investment involves risks. There is no guarantee that any forecasts or opinions in this material will be realized. Information should not be construed as investment advice.
AllianceBernstein® and the AB logo are registered trademarks and service marks used by permission of the owner, AllianceBernstein L.P.
For Users in Korea
The information in this website is provided by Alliance Bernstein Limited (ABL). ABL is a licensed cross-border discretionary investment-management company registered with the Financial Supervisory Commission of Korea (FSC registration number: 05-02-184) permitted to conduct discretionary investment-management services to qualified investors of Korea.
In Korea, this site is directed only at "qualified investors" (as defined under the Indirect Investment Asset Management Business Act (the "AMBA"), which includes financial institutions and certain pension funds. Further, please note that under the Foreign Exchange Transaction Regulations (the "FETR"), certain institutional investors including banks, securities companies, insurance companies and asset-management companies are permitted to invest in foreign securities directly. Before proceeding with your investment decision, you should ensure that you comply with the AMBA, the FETR, and other applicable laws and regulations in Korea.
For Users in Taiwan
AllianceBernstein L.P. does not provide investment advice or portfolio-management services or deal in securities in Taiwan. The products/services illustrated here may not be available to Taiwan residents. Before proceeding with your investment decision, please consult your investment advisor.