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Opco360 External Accounts Terms & Conditions

This Financial Data Aggregator End User Agreement (this “Agreement”) is entered into by and between Oppenheimer & Co. Inc. and its affiliates ("Oppenheimer", “we”, “our” or “us”) and the client (“you”) for the purpose of establishing the terms and conditions governing your access to external financial accounts through Oppenheimer’s Client Access or mobile applications (the “Service”). The terms of this Agreement are in addition to any other agreements and disclosures applicable to your account with Oppenheimer. The Service is provided for your convenience and informational purposes only. By directing us to provide your access to external financial accounts and by clicking “I agree to the terms and conditions” below, you are agreeing to the terms and conditions in this Agreement and providing your informed consent.

  1. The Service. The Service is connected by Oppenheimer’s service provider Yodlee, Inc. (“Yodlee” or “Service Provider”). The terms of this Service are in addition to any other agreements and disclosures applicable to you account(s) with Oppenheimer. When you request data from a source, such as another financial services provider with whom you have an account(s), connected to the Service, Yodlee collects that data and provides it to Oppenheimer. Yodlee acts on Oppenheimer’s behalf in this process, which means in order to provide the Service, we share your data with Yodlee as a service provider. For more information on how Yodlee collects, uses, stores, and handles your data please see Yodlee’s FastLink Terms of Service. By using the Service, you are granting a license to Oppenheimer and its service provider, Yodlee, to access and use any information, data, passwords, materials or other content (collectively, “Content”) you provide through or to the Service for purposes of providing the Service. More specifically, Oppenheimer and Yodlee may use, access, store, handle, share, retain or dispose of such Content to provide the Service to you. By submitting Content, you automatically agree, or if applicable, warrant that the owner of such Content has expressly agreed, that without any particular time limit, and without the payment of any fees, Oppenheimer and Yodlee may use the Content for the purposes set out above. As between Oppenheimer and Yodlee, Oppenheimer owns your confidential account information. Further you hereby consent to Oppenheimer’s use, collection, storage, handling and sharing of the Content as necessary to provide the Service, which shall be conducted in accordance with Oppenheimer’s Privacy Notice, available at Privacy Policy. Oppenheimer’s Privacy Policy, as amended from time to time, is hereby incorporated into this Agreement.
  2. Provide Accurate Information. You agree to provide true, accurate, current and complete information about you and your accounts maintained at other financial institutions and you agree not to misrepresent your identity or your account information. You agree to keep your personal and account information up to date and accurate.
  3. Third Party Accounts. By using the Service, you authorize Oppenheimer and Service Provider to access third party sites designated by you, on your behalf, to retrieve information requested by you, and to register accounts with us as requested by you. For all purposes hereof, you hereby grant Oppenheimer and Service Provider a limited power of attorney, and you hereby appoint Oppenheimer and Service Provider as your true and lawful attorney-in-fact and agent, with full power of substitution and resubstitution, for you and in your name, place and stead, in any and all capacities, to access third party internet sites, servers or documents, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN OPPENHEIMER OR SERVICE PROVIDER ACCESSES AND RETRIEVES INFORMATION FROM THIRD PARTY SITES, OPPENHEIMER AND SERVICE PROVIDER ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY. You agree that third party account providers shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by you. You understand and agree that the Service is not endorsed or sponsored by any third-party account providers accessible through the Service.
  4. Disclosures. Oppenheimer expressly disclaims any responsibility for the accuracy or completeness of information about assets held at your external financial accounts. Unless we otherwise agree in writing, we have no responsibility for the valuation, safekeeping, monitoring, or management of assets held at other institutions or locations external to and without affiliation to Oppenheimer and for which we have no fiduciary or other custodial responsibility. Values presented through the Service should not be relied on as accurate or complete as they may be subject to different reporting methods, delays, market conditions, estimated valuations, rounding or other disruptions. This information is not a substitute for any official account statement, nor does it represent an official accounting of the holdings, balances or transactions made in the identified accounts. For questions or information regarding official statements for assets held at other financial organizations, you should directly contact the appropriate representatives at the third party financial organization. As a reminder, individuals should review and maintain all original account documentation. This information is not intended, nor should it be relied upon, as investment advice, guidance or a recommendation to purchase, hold or sell any investment or strategy for any accounts or assets listed. The information presented does not guarantee future results.
  5. Proprietary Rights. You are permitted to use content delivered to you through the Service only in accordance with the terms of this Agreement. You may not copy, reproduce, distribute, or create derivative works from this content. Further, you agree not to reverse engineer or reverse compile any of the Service technology, including but not limited to, any Java applets associated with the Service.
  6. DISCLAIMERS OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. OPPENHEIMER AND SERVICE PROVIDER EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. OPPENHEIMER AND SERVICE PROVIDER MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS 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 ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OPPENHEIMER OR SERVICE PROVIDER THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. YOU PROVIDE LOG-IN CREDENTIALS (“CREDENTIALS”) TO YOUR ACCOUNTS AT YOUR OWN RISK. BY USING THE SERVICE, YOU AGREE THAT OPPENHEIMER, THE DATA SOURCES THAT MAINTAIN YOUR ACCOUNTS, AND ANY THIRD PARTIES THAT INTERACT WITH YOUR CREDENTIALS OR ACCOUNT DATA IN CONNECTION WITH THE SERVICE ARE NOT LIABLE FOR ANY LOSS, THEFT, COMPROMISE, OR MISUSE WHATSOEVER IN CONNECTION WITH THE SERVICE (INCLUDING NEGLIGENCE), EXCEPT TO THE EXTENT SUCH LIABILITY CANNOT BE LIMITED UNDER APPLICABLE LAW.
  7. LIMITATION OF LIABILITY. YOU AGREE THAT NEITHER OPPENHEIMER NOR YODLEE NOR ANY OF THEIR RESPECTIVE AFFILIATES, ACCOUNT PROVIDERS OR ANY OF THEIR RESPECTIVE AFFILIATES WILL BE LIABLE FOR ANY 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 OPPENHEIMER OR YODLEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR ANY OTHER MATTER RELATING TO THE SERVICE, INCLUDING BUT NOT LIMITED TO (i) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES, (ii) ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE INSTANT VERIFICATION SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR 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 DAMAGES; OR (vi) ANY OTHER MATTER RELATING TO THE SERVICE. EXCEPT FOR PDFS OF OFFICIAL ACCOUNT DOCUMENTS OPPENHEIMER RETRIEVES ON YOUR BEHALF AND PROVIDE TO YOU WITHOUT ALTERATION, NO DATA PROVIDED BY THE SERVICE IS AN OFFICIAL RECORD OF ANY OF YOUR ACCOUNTS.
  8. INDEMNIFICATION. You agree to indemnify and hold harmless Oppenheimer and Yodlee and their affiliates from any and all third-party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorney’s fees) caused by or arising from your use of the Service, your violation of this Agreement or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone. You agree that Yodlee are third party beneficiaries of the above provisions, with all rights to enforce such provisions as if Yodlee were a party to this Agreement.
  9. ENTIRE UNDERSTANDING AND CONFLICTS. This Agreement contains the entire understanding between you and Oppenheimer concerning the subject matter of this Agreement and supersedes any and all prior agreements between the parties concerning the subject matter herein. In the event of a conflict between this Agreement and any other agreements regarding the Service with Oppenheimer, the provisions of this Agreement shall prevail with respect to the subject matter herein.
  10. AMENDMENT. Oppenheimer may amend this Agreement at any time, with or without notice, and such amended or updated Agreement shall automatically apply and be posted on our website at: https://www.oppenheimer.com/legal/data-in-terms. If changes are material, we will provide notice. Continued use of the Service means you accept the updated Agreements.
  11. TERMINATION. You may stop using the Service at any time. We may suspend or terminate access to the Service if necessary to:
  • Protect security
  • Comply with law
  • Prevent misuse.
  1. GOVERNING LAW. This Agreement shall be governed by, and construed in accordance with, the laws of the State of New York.
  2. WAIVER OF JURY TRIAL. THE PARTIES TO THIS AGREEMENT AGREE THAT EACH (A) IRREVOCABLY SUBMITS TO THE JURISDICTION OF ANY STATE OR FEDERAL COURT SITTING IN THE BOROUGH OF MANHATTAN, CITY OF NEW YORK, FOR PURPOSES OF ANY SUIT, ACTION OR OTHER PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT, (B) WAIVES AND AGREES NOT TO ASSERT IN ANY SUCH PROCEEDING A CLAIM THAT IT IS NOT PERSONALLY SUBJECT TO THE JURISDICTION OF THE COURT REFERRED TO ABOVE, THAT THE SUIT OR ACTION WAS BROUGHT IN AN INCONVENIENT FORUM OR THAT THE VENUE OF THE SUIT OR ACTION IS IMPROPER, AND (C) WAIVES ITS RIGHT TO A TRIAL BY JURY. 

By clicking “I agree to the terms and conditions”, you instruct Oppenheimer to provide your access to external financial accounts through Oppenheimer’s Client Access or mobile applications. In providing this instruction and consent, you also acknowledge the risks and limitations described above and that you have read this Agreement in its entirety.