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.
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.
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.
The information you provide when you register must be correct
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;
- Understand how you and other registrants use the website and web e-mail.
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.
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 via 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.
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.
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.
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.
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.
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.
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.
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.
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.
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 & Conditions
AllianceBernstein L.P. (“AB”) is pleased to offer you the Secure Share Services ("Secure Share"). Secure Share is a document transmission platform, which allows you to send and receive documents related to account management, including but not limited to account forms and agreements, financial statements and legal documents, (collectively, the "Documents"), and to share Documents with, or receive Documents from, your Financial Advisor and AB support team ("FA").
This Agreement contains a pre-dispute arbitration clause, below, under which you agree to arbitrate any disputes with us. By checking the "I agree" button, you acknowledge having viewed these Terms, including the pre-dispute arbitration clause, and you agree to be bound by its terms.
The Documents you upload to Secure Share, and the contents of those Documents, will be accessible by your FA and certain other authorized employees of AB. For more information about how AB may use and share Documents uploaded to Secure Share, please see the section entitled "Agreement to Only Upload Documents Appropriate for Secure Share" and "Privacy and Security" below. All Documents you upload to Secure Share shall be available to you in Secure Share for up to thirty (30) days, after which point such Documents will be retained by us in accordance with our records retention policies and procedures, even in instances where you delete the Documents or else terminate your Secure Share access
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. 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 your FA.
You are solely responsible for maintaining the confidentiality of any user identifications, passwords, authentication codes or other security devices or procedures (collectively, "Passwords") issued to you or that you select and that are used to access Secure Share. You may not share your Passwords with any third party without our written approval. Upon request, you shall provide us with a list of persons authorized to use your Passwords, and you shall promptly advise us of any changes in such authorized persons. You agree not to alter, delete, disable or otherwise circumvent any Password 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 Passwords at any time. You agree to notify us immediately upon learning or suspecting that any unauthorized party has obtained your Password.
Agreement to Only Upload Documents Appropriate for Secure Share
You must only upload Documents to Secure Share over which you have ownership, permission, or license. Each time you upload a Document, you certify to AB that such upload is legal and compliant with applicable local, state, national and foreign laws and regulations. You also agree to not use the Secure Share to: (a) transmit, post or disseminate non-account related Documents with personal information of you or individuals you are not related to or that are not joint owners or beneficiaries of your AB accounts, including medical information; (b) transmit, post or disseminate Documents containing content that is unlawful, harassing, libelous, abusive, defamatory, obscene, vulgar, hateful, harmful, abusive or otherwise objectionable; (c) transmit or otherwise make available content that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity; or (d) transfer into the AB environment material that contains harmful or deleterious computer code, files or programs, or that contains software viruses.
AB reserves the right to periodically monitor all Documents you upload to Secure Share and share with us and your FA and shall have the ability to delete from Secure Share, or request removal from our records, any uploaded and shared Document. AB also reserves the right to delete any shared Document if we determine, in our discretion, that it is inappropriate for Secure Share and/or is being used for any of the above-referenced prohibited uses. Your FA and AB will have the ability to delete from Secure Share, or request removal from our records, certain shared Documents, when appropriate, although nothing in these Terms obligates us to do so. A failure to delete from Secure Share, or request removal from our records, does not signify acceptance of your Documents.
Uploading a Document to Secure Share does not obligate the FA to, or guarantee that the FA or AB will, review or take any action with respect to such Document. AB and your FA will not be liable for any omission or failure to act upon the contents of any Document. Review of Documents by AB does not constitute an acknowledgment by AB of any of the content of such Documents. You understand and agree that if you upload a copy of any Trust Agreement, neither AB nor your FA has any obligation to review, comply with or take any action with respect to the terms of any such Trust Agreement.
Privacy and Security
U.S. Use Only and Export Control Statement
The Secure Share is intended for use only in the United States of America, as other countries may have laws that apply to the privacy and security of documents and with which AB does not warrant the Secure Share complies. Additionally, any use of the Secure Share to transfer, export or otherwise disseminate Documents, directly or indirectly, to proscribed or embargoed countries or their nationals, or that could be used for nuclear activities, chemical biological weapons, or missile projects is prohibited. You are obligated to comply with all U.S. export laws, with respect to use of Secure Share.
Termination of Secure Share Access
In the event your relationship with AB terminates, your access to Secure Share will be terminated concurrently with your bernstein Online access.
Amendment of the Terms
You agree that AB may amend, delete, supplement, modify or rescind any and all provisions of these Terms (“Amendment”), in whole or in part, at any time, including, without limitation, to impose charges for use of Secure Share, or a portion thereof, by providing you with prior written notice of such Amendment. If you continue to maintain and use your Secure Share account with us after receipt of such notice you will be deemed to have accepted such Amendment.
Disclaimer of AB Responsibility
You expressly agree that your use of Secure Share shall be at your sole risk and you assume any and all risks incidental to and arising out of the use thereof. AB has no obligation to monitor Secure Share or the Documents, or to retain the content of any user session, but reserves the right to monitor, review, retain or disclose information as may be necessary in accordance with applicable AB policies and procedures or to satisfy any applicable legal or regulatory requirement.
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.
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.
The Secure Share service is provided on an “as is” and “as available” basis, with all faults. AB makes no representation, warranty, or guaranty that it will make any Secure Share services available. Additionally, AB makes no representation, warranty, or guaranty as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of the Secure Share services or any content. AB does not warrant that the Secure Share services will (a) be uninterrupted, error-free, secure, or free of viruses or other harmful components or that Secure Share can operate in combination with any other hardware, software or systems and (b) meet your requirements or expectations. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including without limitation any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed by AB to the maximum extent permitted by applicable law. The Secure Share services may be subject to limitations, delays or other problems which are inherent in the use of the internet and electronic communications. AB cannot and does not guarantee continuous, uninterrupted or secure access to Secure Share and is not liable for any interruptions to your access of Secure Share. AB will not be responsible for any loss or damage that could result from interception by third parties of any information or services made available to you via Secure Share. Neither AB, nor any of its affiliates, directors, officers or employees, nor any third party vendor, 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 Secure Share, or resulting from the act or omission of any other party involved in making Secure Share available to you, or from any other cause relating to your access to, inability to access, or use of Secure Share, whether or not the circumstances giving rise to such cause may have been within the control of AB or of any vendor providing software or services.
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If any one or more of the provisions of these Terms are for any reason held to be invalid, illegal or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms will be unimpaired and will remain in full force and effect, and the invalid, illegal or unenforceable provision will be replaced by a valid, legal and enforceable provision that comes closest to the intent of the parties underlying the invalid, illegal or unenforceable provision.
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(a) All parties are giving up the right to sue one another 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.
(b) Arbitration awards are generally final and binding; a party’s ability to have a court reverse or modify an arbitration award is very limited.
(c) The ability of the parties to obtain documents, witness statements and other discovery is generally more limited in arbitration than in court proceedings.
(d) The arbitrators do not have to explain the reason(s) for their award.
(e) The panel of arbitrators will typically include a minority of arbitrators who were or are affiliated with the securities industry.
(f) 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.
(g) The rules of the arbitration forum in which the claim is filed, and any amendments thereto, shall be incorporated into these Terms.
You agree to submit any issues or disputes arising out of or relating to Secure Share to arbitration before the Financial Industry Regulatory Authority (“FINRA”) in accordance with the rules then in effect of FINRA or, if FINRA arbitration is not available, then to JAMS in accordance with its rules for securities arbitration then in effect.
We are also required to inform you of the following regarding class actions: No person shall bring a putative or certified class action to arbitration nor seek to enforce any pre-dispute 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) the class certification is denied; (ii) the class is decertified; or (iii) the customer is excluded from the class by the court. Such forbearance to enforce an agreement to arbitrate shall not constitute a waiver of any rights under these Terms except to the extent stated herein.
The statute of limitations applicable to any claim, whether brought in arbitration or in a court of competent jurisdiction, shall be that which would be applied by the courts in the state in which you reside or if you do not reside in the United States, the statute of limitations shall be that which would be applied by the courts in the state where the AB office servicing your account is located.
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For Bernstein Global Wealth Management Clients
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Materials of Sanford C. Bernstein & Co., LLC ("SCB")
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