Bank of America's BofA Financing and Clearing Customer Portal - Terms And Conditions Of Use and Privacy Statement
- PRESENTATION OF BCP BY BANK OF AMERICA
- OTHER AGREEMENTS WITH BANK OF AMERICA
- DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
- ENTITLED ACCESS; SECURITY PROCEDURES; YOUR OBLIGATIONS WITH RESPECT TO INSTRUCTIONS
- RESERVATION OF RIGHTS
- IMPORTANT TRADEMARK INFORMATION
- USE OF CALCULATORS AND RELATED TOOLS
- ONLINE POST TRADE INFORMATION
- TRADE AWAY ENTRY FACILITY
- COMMUNICATIONS WITH BANK OF AMERICA
- MACHINE READABLE DOWNLOADS
- GOVERNING LAW
- SEVERABILITY; HEADINGS; USAGE
- PRIVACY STATEMENT
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PRESENTATION OF "BCP" BY BANK OF AMERICA
The operator of BCP is BofA Securities, Inc. (“BofAS”) a broker-dealer registered in the United States of America ("U.S."). However, BCP operates as a portal and may contain information and offerings presented by affiliates of BofAS located or authorized to do business elsewhere.
All of the information on BCP is directed at, and is intended for distribution to and use by, corporate, institutional, professional and other qualified investors in jurisdictions where such distribution and use is permitted. The information on BCP is not directed at or intended for distribution to or use by any person or entity in any jurisdiction or country where: (a) its distribution or use would be contrary to law or regulation; or (b) there is no Bank of America affiliate authorized to distribute such information.
You hereby represent and warrant that you are authorized, to accept this agreement on behalf of your employer, and that in doing so you are acting within the scope of your duties.
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OTHER AGREEMENTS WITH BANK OF AMERICA
To the extent that you have a contractual relationship with a Bank of America entity and such relationship extends to any security, futures contract, options contract or other financial instrument or any other good, product or service available through or referenced on BCP (each a "Product" and collectively, "Products"), the communications made hereby with respect to such Products covered by such agreement are and shall be deemed made, as the context may require, by such entity.
The terms of any Product is governed by applicable documents establishing such terms. In the event of any inconsistency between the information on BCP regarding a particular Product and the terms specified in, or determined pursuant to, the documents establishing the terms of issue or contract, the terms so specified or determined shall prevail.
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DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
The information on BCP is provided "AS IS". Although the information on BCP is obtained or compiled from sources Bank of America believes to be reliable, BANK OF AMERICA CANNOT AND DOES NOT GUARANTEE OR MAKE ANY REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, AS TO: (A) THE VALIDITY, SEQUENCE, TIMELINESS, COMPLETENESS OR CONTINUED AVAILABILITY OF ANY INFORMATION OR DATA MADE AVAILABLE ON OR THROUGH BCP; OR (B) THE PERFORMANCE, SETTINGS, FEATURES, COMPATIBILITY, LACK OF CONFLICT, FUNCTIONALITY OR CONTINUED AVAILABILITY OF ANY SOFTWARE MADE AVAILABLE ON OR THROUGH BCP, AND EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW OR REGULATIONS, ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
You understand and agree that Bank of America utilizes a variety of electronic systems and networks, including the Internet, to transport data. Transmission of data on any electronic system or network may be subject to: delay; interruption; interference; blackout; failure; systems or service unavailability or failure; hardware or software malfunction or failure; encryption failure; interception by third parties; unauthorized access; theft; modification; or inaccuracy (collectively, "Failure Events"). You agree that neither Bank of America nor any third party working with Bank of America to provide software, information, products or services hereunder shall be responsible for any expense, loss, liability, damage or cost (including costs of investigation and legal fees) of any kind whatsoever (collectively, "Damages"), even if Bank of America or such third party had been advised of the possibility thereof, arising from: (a) any Failure Event, whether or not the circumstances giving rise to such event may have been within the control of Bank of America or any such third party; or (b) any other event or occurrence beyond the control of Bank of America or any such third party, including force majeure. In no event will Bank of America or any third party working with Bank of America to provide software, information, products or services hereunder be liable to you for any special, indirect, consequential or incidental Damages, even if Bank of America or any such third party has been advised of the possibility thereof.
You may need to load certain third party software onto your access device in order to utilize certain functionality within BCP. In certain instances, for convenience, BCP may provide links to the Web sites where such software may be available. Bank of America can not assure the performance, settings, features, compatibility, lack of conflict, functionality or continued availability of any such software. If you wish to download any such software, please follow the directions on the third party Web site where such software is available as well as your Firm's software download policies. We strongly urge that you perform such download in consultation with your system administrator or IT service person. Bank of America shall not be liable for any Damages arising out of your downloading or using any such software.
SYSTEM RESPONSE TIMES MAY VARY DUE TO MARKET CONDITIONS, SYSTEM PERFORMANCE, ACCESS DEVICE LOCATION OR OTHER FACTORS. The farther your access device is located from BCP servers, the slower your response time may be. In the event of system delay or failure, you are responsible for contacting Bank of America by alternative means, such as telephone, facsimile or telex.
The information available on or through BCP is subject to change without notice. Bank of America expressly disclaims any obligation to keep the information available on or through BCP up to date, free of errors or viruses or to maintain uninterrupted access. Bank of America may stop producing or updating any part of BCP without notice.
Each time you wish to end a session on BCP, you should use the "Logout" command, close all open BCP Web browser windows and close your Web browser.
IN NO EVENT WILL BANK OF AMERICA BE LIABLE FOR ANY DECISION, ACTION OR INACTION MADE OR TAKEN BY YOU IN RELIANCE ON ANY INFORMATION OR DATA ON BCP.
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ENTITLED ACCESS; SECURITY PROCEDURES; YOUR OBLIGATIONS WITH RESPECT TO INSTRUCTIONS
BofAS, acting in the capacity of operator of BCP, and at the request of one or more of its operating units, affiliates, direct and indirect subsidiaries or related companies, may grant access to certain portions of BCP exclusively on an entitlement basis ("Entitled Access"). If BofAS provides you with Entitled Access, BofAS will issue to you, or direct that you be issued, one or more User Ids, passwords, Digital Certificates, access codes, tokens or other identification or security device (collectively " Security Procedures ") as means to authenticate your identity. You agree to abide by and use whatever Security Procedures and requirements BofAS deems necessary and appropriate.
You are the only person authorized to use your Security Procedures in order to access BCP, and you shall be responsible at all times for exercising security controls over all Security Procedures entrusted to you. You are expected to control access to, and monitor use of, any and all hardware and software which are part of, or used in connection with, the Security Procedures, including changing passwords as necessary. You agree to refrain from disseminating any and all Security Procedures. Where possible, we recommend that you password protect your Security Procedures. You also agree not to use any information or applications that you have not been authorized to use. Bank of America shall not be liable for any Damages arising from any unauthorized use of your access device or from the installation on your access device of any software not approved by Bank of America. If your access device is lost or stolen, or if your security becomes otherwise compromised, please contact BCP Client Services Team immediately.
You are responsible for any and all forms of interaction by electronic means through BCP associated with your Security Procedures ("Instruction"), and such Instructions shall be conclusive, final and binding on your part. Instructions shall be subject to applicable federal, state, national and local laws, the regulations of all applicable federal, state, national, local and self-regulatory agencies or authorities, including, but not limited to, the various exchanges and the constitution, rules and customs of the exchange or contract market (and its clearing house, if any) to which an Instruction may relate (collectively, "Applicable Law").
Bank of America is entitled to rely upon the assumption that all Instructions from a user authorized to access BCP on behalf of a Firm (" Authorized User ") will originate from the country (including state, province or other jurisdiction) that we have associated with such user on our records.
By designating an Authorized User, a Firm represents and warrants that each Instruction is and will be: (a) appropriate in view of such Firm's sophistication, security controls and financial status; (b) in compliance with all Applicable Law; and (c) conducted in accordance with the Firm's applicable governance requirements, and all applicable internal policies or procedures.
Each Firm agrees to designate one or more persons to be responsible for notifying Bank of America immediately: (a) if the level of Entitled Access granted or available to an Authorized User is not appropriate; or (b) of any changes in Authorized Users or the permissible level of Entitled Access for any Authorized User. No modification or termination of Entitled Access to the Firm or an Authorized User shall invalidate, retract or supersede any Instruction entered into before such modification or termination becomes effective. You agree to hold Bank of America, its directors, officers, employees, agents and consultants (collectively, "Other Persons") harmless and to indemnify Bank of America and all Other Persons against any Damages arising from any Instruction, whether authorized or unauthorized by you. The obligations under this paragraph shall be in addition to, and not a limitation of, any and all obligations arising under Applicable Law and any and all agreements you may have with Bank of America.
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RESERVATION OF RIGHTS
All content and information contained within BCP or delivered to you in connection with your use of BCP (including all text, data, graphics, audio, video, icons, software code and trade secrets, as well as the overall organization, design, look, feel and appearance of BCP) (collectively, "BCP Content") is protected, whether or not marked with a notice, under applicable patent, copyright, trademark and other proprietary (including intellectual property) rights, including, U.S. and international copyright laws, both as individual works and as a compilation. Bank of America does not waive any of its proprietary rights in BCP or in any BCP Content, including copyrights, trademarks and other intellectual property rights. The availability of any BCP Content shall not under any circumstance constitute a transfer of any copyrights, trademarks or other intellectual property rights of Bank of America or any of its licensor's to any BCP user or any third party.
You may not sell, publish, reproduce, distribute, re-transmit, sublicense, assign, time-share, lease, convey, copy, translate, convert to another programming language, decompile, disassemble, modify or change (by use of an html "frame" or otherwise), including postings to newsgroups, mail lists or electronic bulletin boards, any portion of BCP or any BCP Content without the prior written consent of Bank of America. You may, however, without conveying any broader rights than the rights you are conveyed hereunder, on an occasional and irregular basis, disseminate an insubstantial portion of the information from BCP and you may display, store and print data, statistics, views, recommendations, reports, account information or other information received through or in connection with your use of BCP, in each case without charge, provided that, in each case, such information is only for your internal business use, is subject to applicable law and regulations, is transmitted to a limited number of individuals within your organization or firm and includes all copyright and other proprietary rights notices in the same form in which the notices appear on BCP, with original source attribution, accompanied with the phrase "Used with permission from Bank of America." You shall not remove or obscure any copyright or other notices or legends contained in any information, content or software downloaded from BCP.
BCP is delivered by means of software and electronic access products or services made available to you by Bank of America and various unaffiliated vendors. By accepting and using such software and electronic access products or services, you agree to the non-exclusive, non-transferable software licenses and service agreements to use, for your internal business purposes only, such software and electronic access services. In certain cases, software licenses and service agreements may appear on screen when you install or sign on to specific applications or download software in order to access specific functionality. Bank of America bears no responsibility or liability for your use of any third party vendor's software, products, services or equipment.
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IMPORTANT TRADEMARK INFORMATION
Click here to review important information regarding Bank of America and non-Bank of America trademarks that are displayed within BCP. Such information is incorporated herein by reference and made a part hereof.
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USE OF CALCULATORS AND RELATED TOOLS
BCP may contain calculators or similar analytical tools (each a "Calculator," collectively "Calculators") to facilitate your consideration of hypothetical scenarios. The use of Calculators is entirely at your discretion, under your control and at your own risk. Calculators are not intended to replace your own internal business processes for evaluating proposed transactions. Calculators may not reflect analytical models or assumptions actually used by Bank of America or other market participants, and may not be representative of internal valuations employed, or trading decisions made, by Bank of America for its own purposes. Therefore, calculations may not represent fair market values for any instruments. There is no assurance that hypothetical results will be equal to actual performance under any market conditions. Bank of America makes no representation or warranty regarding Calculators, or the appropriateness of calculations obtained by you. Bank of America will not be responsible or liable for any Damages that arise from your use of, or reliance on, a Calculator.
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ONLINE POST TRADE INFORMATION
BCP allows authorized users to view online data, including trade history and account allocations, relating to accounts maintained by Bank of America. In Balances, prices reflect their value as of prior day’s close of business. Account values reflect settled and unsettled transactions except for Margin Balance, Payout Balance, and Settled Cash Balance. In Holdings, prices reflect their value as of prior day’s close of business. Account values reflect settled and unsettled transactions. All transactions cleared and settled by BofA Securities, Inc. All account data shown is provided as a convenience and for your information, but is not the official notice or record of a customer's account activity with Bank of America. Your account notices and account statements remain the official form of notice or record. Transactions, balances, and positions with a Saturday process date are preliminary results of weekend option activity and will be updated as part of the next business day's reports. Bank of America does not guarantee delivery of notices or statements through BCP, or the completeness of the information provided therein. Therefore, any and all account data provided through BCP is subject to adjustment and correction, and should not be relied upon for taking any action without prior confirmation of its accuracy with your Bank of America representative. Bank of America will not be responsible or liable for any Damage that could result from your taking any action without confirming the accuracy of the account data provided via BCP.
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TRADE AWAY ENTRY FACILITY
Data provided by you in this application will be forwarded to your Introducing Firm for purposes of identifying and processing transactions executed by you away from Bank of America. Use of such data in this application is subject to it being consistent with information relating to trade execution and settlements provided by you to your Introducing Firm through this application or otherwise. Please contact your Introducing Firm if you have any questions concerning its processing of the information presented herein.
Account data is provided through this application as a convenience and for your information but is not the official record of the account activity with Bank of America. The Bank of America account statement remains such official record and all account data provided through this application is subject to adjustment and correction; therefore, it should not be relied upon for taking any action. Information displayed in this application will be updated immediately following each user action. Account statements detailing your trade activity through this application will be mailed to you monthly. Bank of America will not be responsible or liable for any damages that could result from your taking any action without confirming the accuracy of the account data provided through this application.
In utilizing this application, Bank of America has an expectation that such activities shall be carried out by you and your employees, agents or representatives in a manner consistent with your duties to your clients and regulatory requirements.
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COMMUNICATIONS WITH BANK OF AMERICA
Electronic communications or messaging functionality is provided to you through BCP only as a convenience and to enhance communications between you and Bank of America. Because of the current limitations on such communications (such as reliability of delivery, timeliness, security, etc.), you agree that you will use your judgment in utilizing these methods of communication with Bank of America and will not request, authorize or effect any transactions, to send fund transfer instructions or account information or for any other communications that require more formal written authorization in accordance with applicable law or Bank of America policies. Any such requests, orders, or instructions that you send in contravention of the foregoing may not be accepted or processed by Bank of America, and Bank of America will not be responsible for any Damages arising from your requests, orders or instructions not being so accepted or processed.
You acknowledge and agree that Bank of America, in its sole discretion, may monitor and tape record any and all telephone conversations from or to you concerning BCP and that such monitoring and recording may be done in the regular course of business. Electronic communications and Instructions transmitted by you onto or via BCP, including e-mail, instant messages, SMS messages and clickstream information will be: (a) recorded and archived in accordance with applicable laws and regulations and Bank of America policies; and (b) available for review by Bank of America managers and compliance personnel as well as by regulatory examiners. You agree to hold harmless and to indemnify Bank of America and all Other Persons against any Damages arising from the unauthorized use or misappropriation of any and all information that you so transmit.
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MACHINE READABLE DOWNLOADS
BCP may allow you to download on-screen information or reports in machine-readable formats, including Adobe® Portable Document Format (PDF), Microsoft ® Excel or CSV. Such downloads may comprise the results of product database searches, indicative pricing information or summary information about your accounts with Bank of America. All downloadable information is provided for your information and convenience, and it is neither an offer to buy or sell at any particular price nor an official statement or record of your account activity with Bank of America. While the information offered in downloadable formats is believed to be accurate when posted, Bank of America does not assume responsibility for the accuracy, completeness or timeliness of such information at any particular time. Indicative pricing information is not suitable for trading and should not be relied on for marking to market product holdings. In all cases, your account statement remains the official record of your account activity with Bank of America. You must not rely upon downloaded data without first confirming its accuracy and completeness with your designated Bank of America representative. Bank of America will not be responsible for any Damages arising from your reliance on any downloaded data provided through BCP.
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All areas of BCP which are required to be provided to you by a U.S. registered broker-dealer are deemed to be provided to you by BofAS or another Bank of America U.S. registered broker-dealer. All transactions executed through BCP, which are required to be transacted through a U.S. registered broker-dealer will be transacted through BofAS or another Bank of America U.S. registered broker-dealer. BofAS is a broker-dealer registered in all 50 states as well as in the District of Columbia, Guam, Puerto Rico and the Virgin Islands, and is a member of the New York Stock Exchange, Inc., the National Association of Securities Dealers, Inc. and the Securities Investor Protection Corporation (SIPC).
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SEVERABILITY; HEADINGS; USAGE
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To view our Online Privacy Statement, which is incorporated herein by reference, click here.
If you do not wish to have your personal information processed for any or all of such purposes, you should not use BCP.