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Welcome to InsightSM wealth
information management service ("Insight Service") made
available to you from Private Client Resources LLC ("PCR,"
"We," or "Us") either as a Customer or client through your financial advisor or family office.
These Terms and Conditions of Use Statement are part of the Customer Service Agreement and the
PCR Household Authorization Form ("Authorization
Form"), which lists all the accounts and assets you
wish us to include in your personalized reports generated
through the Insight Service ("Insight Reports").
By signing the Customer Service Agreement or the Authorization Form, you expressly
agree to be bound by these Terms and Conditions of Use. Also contained in the
Authorization Form is a copy of our Privacy Notice, as required by federal statute.
Please read this Privacy Notice carefully, for it further explains how we use your
personal financial data.
1.
Insight Service.
A.
The Insight Service is an end-to-end information service that publishes your
consolidated wealth information via an encrypted website. The Insight
Service consolidates information from your custodians, and other third party
sources like pricing services. We input some of your information manually;
we also use a variety of technologies to import your information from these
third parties.
B.
WE ARE NOT YOUR FINANCIAL OR INVESTMENT ADVISORS. We
never evaluate the suitability or potential value of any particular
investment or information source. The information and content provided
by the Insight Service, including the Insight Reports, is for information
purposes only and should not be construed as advice, an offer to sell,
a solicitation to buy or a recommendation of any security or other investment
by PCR.
C.
Accuracy. Where possible, we independently check your positions as shown
in the Insight Report against broker's position statements. However,
we do not make any independent effort to verify the accuracy or completeness
of information obtained from third parties. Therefore, the consolidated
financial picture provided to you in the Insight Report may not necessarily
be accurate and is merely our opinion based on such third party information.
PCR is solely an information company and does not assume any liability for
the timeliness, accuracy or comprehensiveness of the Insight Reports.
D.
Access, Passwords. You are responsible
for providing all hardware, software, telephone or other communications
equipment and or service to connect to the Internet and access the Insight
Service, and are responsible for all Internet access charges, telephone
charges or other fees incurred in connecting to the Internet and accessing
the Insight Service. Upon completion of the Authorization Form and payment
of the applicable fees, we will issue you a password and a personal
identification number ("PIN") which will enable you to access the Insight Service.
While we guard your financial information carefully, we assume no liability if
your information, password or PIN number go astray and are used in an unauthorized way.
E.
Service Availability, Timeliness. We strive to operate the Insight Service continuously,
twenty-four hours a day, seven days a week. The Authorization Form specifies how we update
each account. However, like any internet-based system, the operation of the Insight Service
is inherently subject to interruptions, delays, data losses resulting from software operation,
equipment and connection failures, traffic loading variations, and other circumstances beyond
our control. These problems may result in loss of data, personalization settings,
an inability to access the Service, and delayed or failed delivery of the Insight
Reports or updating process, for which PCR assumes no liability.
F.
Right to Change. We reserve the right to modify, change or cease
providing access to the Insight Service or any of the content or third party
sites available through the Insight Service at any time and upon prior notice from us.
G.
Cancellation. You may cancel your enrollment in the Insight Service at any time
by contacting us. We may cancel your enrollment in the Insight Service at anytime
with prior notice.
2.
Your Use of the Insight Service.
A.
Privacy and Security. All of your information will be maintained confidential and
secure as set forth more in detail in our Privacy Policy. Please guard your PIN and
password. You are responsible for maintaining the confidentiality of your PIN, password
and other log-in information, and are responsible for all uses of your account, whether
or not actually or expressly authorized by you.
B.
Proprietary Rights. You acknowledge and agree that we own all rights
to this website and all Insight Report formats. You are only permitted to use
the content of the Insight Report and the Insight Service as displayed on our
website as expressly authorized in this Terms and Conditions of Use. You may
not copy, reproduce, distribute, or create derivative works from this content
except for personal use. Furthermore, you agree not to reverse engineer or
reverse compile any of our technology, including but not limited to, any Java
applets associated with the Insight Service.
3.
Rights You Grant to Us.
A.
Content You Provide. Subject to our Privacy Policy, you agree to allow
us (i) to use the information you provide to us, which may include, but not
be limited to, financial data, investment account data, passwords, usernames,
personal identification codes, general log-in information, (collectively, "Content")
for the purpose of providing the Insight Service to you, and (ii) to obtain your
Content and any other information which we deem necessary from certain third-parties
listed in the Authorization Form. Any data registered in the system becomes part
of the permanent record being developed by PCR. You understand that we may modify,
aggregate or create new material using such Content in order to provide the Insight
Service to you. As part of the Insight Service, PCR may combine portions of your
Content with other data provided by clients of other customers and publish the
aggregates of such information; provided that no specific advisor or client will
be identifiable in any such publications. One of the features of the Insight
Service allows you and our other clients to "look up" the actual daily or monthly
values of hedge funds and mutual funds generated by the Insight Service using
the information obtained from different clients of PCR without identifying the
names of such clients.
4.
Other Important Legal Matters.
A.
Disclaimer of Warranties. You expressly understand and agree that your use of
the Insight Service and all information, products and other content (including
that of third parties) included in or accessible from the Insight Service is at
your sole risk. The Insight Service is provided on an "as is" and "as available"
basis. We expressly disclaim all warranties of any kind, whether express or implied,
including, but not limited to, the implied warranties of merchantability, fitness
for a particular purpose, and non-infringement.
We make no warranty that: (I) the Insight Service will meet your requirements;
(ii) the Insight Service will be interrupted, timely, secure, or error-free; (iii)
the results that may be obtained from the use of the Insight Service will be accurate
or reliable; (iv) the quality of any products, resources, information, or other material
purchased or obtained by you through the Insight Service will meet your expectations;
and, (v) any errors in technology will be corrected.)
Any material downloaded or otherwise obtained through the use of the Insight Service i
s done at your own discretion and risk and you are solely responsible for any damage
to your computer system or loss of data that results from the download of any such
material. No information whether oral or written, obtained by you from us or through
or from the Insight Service will create any warranty not expressly stated in these terms.
Some jurisdictions do not allow the exclusion of certain warranties. Accordingly,
some of the above limitations may not apply to you.
To the extent that any part of this section is not consistent with any other part
of these Terms and Conditions of Use, then this section will control.
B.
Limitation of Liability. You agree that neither we nor any of our affiliates,
account providers or any of their affiliates, will be liable for any harms, including,
but not limited to, direct, indirect, incidental, special, consequential or exemplary
damages, including, but not limited to, damages from trading losses, loss of profits,
goodwill, use, data or other intangible losses, even if we have been advised of the
possibility of such damages, resulting from: (i) the use or the inability to use the
Insight Service; (ii) the cost of getting substitute goods and resources resulting
from any products, data, information or resources purchased or obtained or messages
received or transactions entered into, through or from the Service; (iii) unauthorized
access to or alteration of your transmission data; (iv) statements or conduct of anyone
on the Service; (v) the use, inability to use, unauthorized use, performance or
non-performance of any third party account provider site, even if the provider has
been advised previously of the possibility of such damage; or, (vi) any other matter
relating to the Insight Service.
C.
Indemnification. You agree to protect and fully indemnify us and
our service providers from any and all third party claims, liability, damages,
expenses and costs (including, but not limited to, reasonable attorneys fees)
caused by or arising from your use of the Insight Service, your violation of the
Terms and Conditions of Use or your infringement, or infringement by any other
user of your account, of any intellectual property or other right of anyone.
D.
Copyright and Trademarks. All graphics, information and content,
including any software programs available on or through this website
(the "Copyrights") are the property of PCR. All trademarks, logos and service marks,
including, but not limited to, the service marks Insight and PCR (the "Marks") are
the property of PCR. You are prohibited from modifying, copying, distributing,
transmitting, displaying, publishing, selling, licensing, creating derivative works
or using any of the Copyrights or Marks for commercial or public purposes
E.
Links. The Insight Service website may contain links to other website as
controlled by third parties, which are provided as a convenience to you. We have
selected such third-party websites on the basis that they may be of interest to you,
but we do not screen, approve, review or otherwise endorse any content or information
contained in those websites. You agree that we are not responsible for the content of
such third-party websites, including the accuracy or availability of information provided
by those sites, and that we do not make any representations or warranties regarding
those sites.
F.
Other. If any provision of these Terms and Conditions of Use Statement
is held to be unenforceable, then such provision shall be construed, as nearly as
possible, to reflect the intentions of the parties with the other provisions
remaining in full force and effect. The laws of the State of Delaware govern the
interpretation and performance of this agreement, except with respect to conflicts
of laws. You agree to submit all such disputes to binding arbitration under the
Commercial Arbitration Rules of the American Arbitration Association
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