My Portfolio Service (Not available through Mobile Banking Apps or Mobile Web)
A. Relationship to Other Agreements
You may use My Portfolio to access services offered by Bank of America, its affiliates, or third parties not affiliated with Bank of America. You agree that when you use these services, you will be subject to any terms and conditions established by those third parties, including Bank of America, its affiliates or unaffiliated service providers, and that this Agreement does not amend any of those terms and conditions. You agree that only the third parties are responsible for such services, and if you have any problems with these third parties, you should contact them directly. Any service offered by Bank of America or any of its affiliates will display the name of the Bank or the affiliate and the Bank of America logo on the webpage.
B. Description of My Portfolio
My Portfolio is a personal information management service that allows you to better manage your information by consolidating it in one place. My Portfolio uses proprietary technology to allow you to retrieve, view, and maintain information you have available at various web sites you designate, but all within one convenient service. All of the accounts linked to your Access ID through Online Banking from Bank of America are automatically added to My Portfolio.
You may add information about accounts accessible at other web sites that you maintain at other institutions, including Merrill Lynch, Pierce, Fenner & Smith Incorporated. When you use My Portfolio to access a third party web site you designate, you agree to the following: 1)You authorized Bank of America and its providers to access the third party web sites and accounts you designate to retrieve account information on your behalf, and you appoint us as your agent for this limited purpose. In addition, you hereby grant Bank of America and its providers as your true and lawful attorney-in-fact, 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 web sites, retrieve account information, and use your information, for the purpose of accessing your accounts and operating My Portfolio, with 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. 2)You represent that you are a legal owner of the accounts at third party web sites which you include in My Portfolio and that you have the authority to (i) designate us as your agent, (ii) use My Portfolio and (iii) give us your passwords, usernames, and all other information you provide. 3)YOU AGREE AND ACKNOWLEDGE THAT WHEN WE ACCESS AND RETRIEVE INFORMATION FROM THE THIRD PARTY WEB SITE, WE ACT AS YOUR AGENTS, AND NOT THE AGENTS OR ON BEHALF OF THE THIRD PARTY. 4)My Portfolio does not have the capability to initiate transactions affecting your financial accounts or provide notices or instructions affecting such financial accounts. When you access a third party web site through My Portfolio, you open a new browser window to directly connect you to the third party web site and submit information you have designated to allow further access to that site. Transactions and inquiries you initiate at such a site are not made through My Portfolio, and we have no responsibility for such transactions. You are responsible for all fees charged by the third party in connection with such transactions and accounts, and you agree to comply with the terms and conditions of those accounts. If you have a dispute or question about any transaction on such site, you agree to direct these to the account provider. 5)Third party web sites shall be entitled to rely on the above authorizations, agency and power of attorney granted by you. 6)My Portfolio is not sponsored or endorsed by any providers of the third party accounts you access through My Portfolio, except for affiliates of Bank of America. 7)Balances shown on My Portfolio reflect the most recent refresh and may not be accurate if a refresh was not successfully completed or the information obtained during the refresh from the third party is otherwise not accurate or current. Data and information is provided for informational purposes only, and is not intended for trading or transactional purposes. You agree that we are not liable for any errors or delays in the content, or for any actions taken in reliance thereon. The services which you may be able to access through My Portfolio are services of the listed institutions. My Portfolio provides links to selected institutions for your convenience only. We do not endorse or recommend the services of any institution. The third party institution you select is solely responsible for its services to you. We are not liable for any damages or costs of any type arising out of or in any way connected with your use of the services of the institution. 8)You may also add information into My Portfolio for accounts not available at other web sites or which are not linked to My Portfolio. In such case, you are solely responsible for the accuracy of such information.
C. Description of Real Estate Center
You may use the Real Estate Center feature in My Portfolio to add a home value estimate to the profile of your assets and net worth. You may opt to have your home value estimate automatically generated and updated. By electing to automatically update your home value estimate you agree to receive a computer-generated estimate of the worth of the property provided by SmartZip Analytics, Inc., a third-party online real estate service, and you authorize Bank of America and its service providers to access SmartZip Analytics, Inc. and retrieve estimates on your behalf. You agree that this estimate is not an appraisal and should not be used as a substitute for an appraisal, and that the actual value of the property may vary. SmartZip Analytics, Inc. is not affiliated with Bank of America N.A. or any of its affiliates. Bank of America and its service providers provide access to SmartZip Analytics, Inc. and estimates for your convenience only and do not endorse or recommend SmartZip Analytics, Inc., the estimate or any other services provided by SmartZip Analytics, Inc. and you agree that neither Bank of America nor its service providers are responsible for the accuracy of the estimates or other information provided by SmartZip Analytics, Inc. or liable for any damages or costs of any type arising out of or in any way connected with your use of the estimate or other services provided by SmartZip Analytics, Inc. You agree that you will use the SmartZip Analytics, Inc. services only for your personal use. If you elect to include the estimate in your net worth summary, you acknowledge and agree that the net worth summary is calculated based on information provided by you or third parties at your direction and that Bank of America makes no representation as to the accuracy of the net worth summary. Data and information provided in the Real Estate Center feature is for informational purposes only, and is not intended for transactional purposes. You agree that we are not liable for any errors or delays in the content, or for any actions taken in reliance thereon.
D. Provide Accurate Information
You represent and agree that all information you provide to us in connection with My Portfolio is accurate, current and complete, and that you have the right to provide such information to us for the purpose of operating My Portfolio. You agree to not misrepresent your identity or your account information. You agree to keep your account information up to date and accurate.
E. Proprietary Rights
You are permitted to use content delivered to you through My Portfolio only on My Portfolio. 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 My Portfolio technology, including but not limited to, any Java applets associated with My Portfolio.
F. User Conduct
You agree not to use My Portfolio or the content or information delivered through My Portfolio in any way that would: (a) infringe any third-party copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy; (b) be fraudulent or involve the sale of counterfeit or stolen items, including but not limited to use of My Portfolio to impersonate another person or entity; (c) violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (d) be false, misleading or inaccurate; (e) create liability for Bank of America or its affiliates or cause us to lose (in whole or in part) the services of our third-party provider; (f) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (g) may potentially be perceived as being obscene or pornographic or contain child pornography, or racially, ethnically, or otherwise objectionable; (h) interfere with or disrupt computer networks connected to My Portfolio; (i) interfere with or disrupt the use of My Portfolio by any other user; (j) access the information and content manually by request and not programmatically by macro or other automated means; or (k) use My Portfolio in such a manner as to gain unauthorized entry or access to the computer systems.
G. Restriction on Commercial Use or Resale
You agree not to resell or make any commercial use of the services in My Portfolio.
H. Your Indemnification of the Bank
Notwithstanding the language in Section 5 of this Online Banking Services Agreement, when you use My Portfolio, unless caused by our intentional misconduct or gross negligence, you agree to protect and fully compensate Bank of America and our service providers and 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 My Portfolio, 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.
I. My Portfolio Service Limitations
We want to make your use of My Portfolio easy and productive, but we cannot always foresee or anticipate technical or other difficulties. These difficulties may result in loss of data, personalization settings or other My Portfolio interruptions. Notwithstanding the language in Section 5 of this Online Banking Services Agreement, with respect to My Portfolio, we do not assume responsibility for the timeliness, deletion, mis-delivery or failure to store any user data, communications or personalization settings.
J. Third Party Products and My Portfolio
You agree to exercise caution when browsing on the internet and to use good judgment and discretion when obtaining or transmitting information or making purchases. From My Portfolio you may access or be directed to sites containing information or material that may be offensive or inappropriate to some people. We do not endorse and make no effort to review the content of these sites, nor are we responsible for their validity, legality, copyright compliance, or decency of the content contained in these sites. We retain the right (not the obligation) at our sole discretion to prevent access to any site from My Portfolio.
K. Privacy and My Portfolio
Bank of America has a commitment to keeping information about you secure and confidential. Our U.S. Consumer Privacy Notice clearly states our promise to carefully manage information about you and your relationship with our family of companies.
Through the My Portfolio service, you are able to aggregate information about your accounts from sources other than Bank of America or its affiliates so that you may view them in one online location. Bank of America will use this information to help optimize your personal use of this service, and to understand what product or service offers may be most beneficial to you. This information is provided all the protections outlined in our U.S. Consumer Privacy Notice.
In addition to these protections, you may at any time choose to limit our use of information aggregated on My Portfolio from other institutions and accounts. You can select this option by going to the Set Your Privacy Preferences page on our Privacy and Security website at www.bankofamerica.com.
For more information on our U.S. Consumer Privacy Notice, you can visit our Privacy and Security website at www.bankofamerica.com/privacy.
L. Changes or Cancellation
Notwithstanding the language in Section 4 and 5 of this Online Banking Services Agreement, you may cancel your participation in My Portfolio by calling us at 800.432.1000. We reserve the right to change or cancel My Portfolio at any time without notice. We may also suspend your access to My Portfolio at anytime without notice and for any reason, including but not limited to your non-use of My Portfolio. You agree that we will not be liable to you or any third party for any modification or discontinuance of My Portfolio.
M. Third Party Beneficiary
You agree that our providers may rely upon your authorization and grant of a limited power of attorney, the disclaimer of warranties, and the limitation of liability in My Portfolio Sections 10.B and 10.H, respectively, above, and such providers are, for the purposes of those sections, third party beneficiaries to this agreement, with the power to enforce those provisions as applicable.