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Harris Total Look® Terms and Conditions

Welcome to Harris Total Look service ("Service") brought to you by Harris Trust and Savings Bank and its affiliates ("Harris"). The Service is provided to Harris by Yodlee, Inc. ("Yodlee"). Harris and Yodlee are independent businesses. In these Terms, Harris and Yodlee are referred to together as "We", "Our", or "Us". Today, Harris provides this Service through Yodlee; however, in the future Harris may provide this Service through other partners or internally. We are glad that you have decided to join Our Service. Before you begin setting up your account and using Our Service, please take a moment to review these Terms of Use ("Terms"). These Terms are an agreement between you and Harris. It is important that you understand both the benefits the Service provides as well as the limitations.

 
1.

Acceptance of Terms.

 

By clicking the Accept button on the Harris Total Look Registration page, you agree to these Terms and acknowledge that you have received and reviewed a copy of the Harris Privacy Policy (refer to section 2.E). If you do not agree to all of these Terms, click the Decline button on the Harris Total Look Registration page. If you do not accept these Terms in their entirety, you will not be entitled to use the Harris Total Look service. These Terms may be updated from time to time. Upon any change, Harris will notify you by electronic mail or by a link to the new or different Terms. If you continue to use Harris Total Look thereafter, your continued use of the Service constitutes acceptance of the changes and an agreement to be bound by this agreement, as amended. If you do not agree to the changes, you agree to discontinue your use of the Harris Total Look services. You can review the most current version of these Terms at any time at:
http://www4.harrisbank.com/spopup/0,4468,129778_4759346,00.html

Also, when linking to third party sites through Harris Total Look (refer to section 2.B), you will be subject to the terms, including the privacy policy, posted by those third party sites rather than those for this Service, except to the extent that you aggregate information from that third party site to Harris Total Look.

If the accounts you are requesting Us to aggregate are accounts held in joint ownership, you represent that you have notified the joint owner, or you have the authority to share Harris Account or Account Information you now provide and you also agree that such Harris Account or Account Information is also subject to these terms and conditions.

Individuals under the age of thirteen are not permitted to register for the Harris Total Look Service. If you are under the age of thriteen do not register for the Harris Total Look Service. Any attempt to register by an individual under thrirteen for the Harris Total Look Service will be invalid.

 
2.

Benefits of Joining.

 
A.

Description of the Service. The Service We are providing is an information management service that allows users to consolidate and manage selected information on the Web. You can consolidate both Harris online services ("Harris Account Information") and those of other service providers ("Account Information"). The Service allows users to view and maintain information stored at various web sites. After registering for the Service, you will provide Us information about the accounts you wish to aggregate. Each day the Service obtains your Account Information from third party sites and your Harris Account Information, based on the information you have previously provided to Us. This information is then available for you to view and allows you to link and automatically sign on to sites you have aggregated. This Service is presently provided free of charge but We reserve the right to charge for this service in the future upon notification to you.

 
B.

Third Party Information, Content, Products and Services. Other than the Harris Account Information, all other information available through the Service is provided by third parties. We do not review the content of any third party sites to determine the appropriateness of the content of these sites. This includes, but is not limited to, the validity, legality, copyright compliance, or decency of the content contained in these sites. You acknowledge that We do not pre-screen content, and agree that We and any designees will have the right (but not the obligation) in Our or their sole discretion to refuse, edit, move or remove any of the sites that are available via the Service. We are not responsible for the products, services, and accuracy of information at third party sites or viewed through Our Service.

Any third party information about securities and other investments available through the Service reflect independent opinions and are not recommendations of Harris or Yodlee. The information and content provided through the Service is for information purposes only. It should not be construed as an offer to sell, a solicitation to buy, or a recommendation for any security or other investment by Harris or Yodlee. You acknowledge that you must perform your own evaluation of any investment based on your investment objectives, financial resources, and risk tolerance. Harris will not utilize third party information provided through Harris Total Look for the purpose of determining the suitability of any security transactions between you and Harris. In addition, this Account Information will not be used to update investment suitability information that Harris currently has on file for you.

Brokerage products and services are NOT FDIC INSURED - NOT GUARANTEED BY ANY BANK - MAY LOSE VALUE. Access to affiliated and other brokerage sites are subject to the terms and conditions of agreements with the specific entity. Information displayed on the Yodlee site are not consistent with the requirements of U.S. securities regulations are not a substitute for confirmations and statements required by SEC, FINRA and MSRB rules.

If you visit the web sites of third parties by linking from Harris Total Look, you are subject to the terms of those sites.

 
C.

Service Limitations. We will endeavor to make your experience with Harris Total Look a productive one. However, We cannot always foresee or anticipate technical or other difficulties. These difficulties may result in loss of data, personalization settings, or other service interruptions. For these reasons, you agree that the Harris Total Look service is provided "AS-IS", without warranties of any kind. Harris cannot assume responsibility for the timeliness, deletion, mis-delivery, or failure to store any user data, communications, or personalization settings.

 
D.

Service Changes and Discontinuation. Harris reserves the right to change or discontinue, temporarily or permanently, the Service at any time without notice. You agree that Harris will not be liable to you or any third party for any modification or discontinuance of the Service.

 
E.

Privacy Policy. Harris is committed to maintaining the privacy and security of the Account Information that you will aggregate through the Service. Harris' commitment to privacy is reflected in our Harris Privacy Policy, which is incorporated by reference and made a part of this agreement with you.

Our additional commitments for the Harris Total Look service are that We will treat your Account Information as follows:

Harris will not share Account Information with non-affiliated third parties without your authorization, except to furnish you the Service or as required or permitted by law. We may share Account Information with Harris affiliates unless you instruct Us not to share certain information. Refer to the Harris Privacy Policy for more information, including how you can limit the sharing of certain information with our Harris affiliates.

Harris will use the Account Information to furnish and support the Service, and may use such data to allow Harris to offer you relevant products and services, relationship management services, or other financial planning tools.

Harris may use aggregated, non-personal statistical data derived from your use of the Service for analysis purposes in order to improve Harris' services or products. Yodlee may only use your Account Information and Harris Account Information to furnish and support the Service.

Yodlee may use aggregated, non-personal statistical data derived from your use of this service for analysis purposes and may share such data with third parties.

This privacy policy does not apply to other third party sites you aggregate through Harris Total Look. You should read the privacy policies of all the companies from which you will instruct Us to aggregate information. In the event of a change to the Harris Privacy Policy, we will notify you. (Refer to section 6.E)

 
F.

Cancellation. You may cancel your Harris Total Look service at any time by :

  • Accessing your Harris Total Look account
  • Selecting the “Customize” option within Harris Total Look
  • Selecting the “Cancel Harris Total Look Account” option
  • Confirming your cancellation request by clicking the “Confirm” button
Please note that the cancellation of your account is an irreversible process. Upon confirmation of your request, your Harris Total Look account will be cancelled and all data (including, but not limited to, aggregated accounts, account data, account information, and configuration including bills and transactions) on the Service will be deleted.

Please keep in mind that extended periods of inactivity may also result in your account being canceled.

 
3.

Your Use of this Service.

 

For the benefit and security of Our users, and to comply with applicable laws, We have a few mandatory guidelines. Any conduct that violates these guidelines is grounds for termination of your use of this Service. For this reason, We ask that you carefully read and follow them.

 
A.

Provide Accurate Information. You agree to provide true, accurate, current, and complete information about yourself and your accounts maintained at other web sites for which you set up this Service. You agree not to misrepresent your identity or your Account Information. Accurate records enable Us to provide the Services to you. You agree to keep your registration and Account Information up to date and accurate.

 
B.

Guard Your Secure Information (ID, Password and/or PIN). You will choose an ID and Password when registering. This becomes your Secure Information for the Service. You are fully responsible for all activities that occur using your Secure Information and other login information, including, but not limited to, trades submitted for execution and funds transfers on the Harris site or on any third party site. You may not use anyone else's Secure Information and other login information at any time. Please notify Harris immediately of any unauthorized use of your Secure Information or account or any other breach of security. Should you notice this activity, please change your Secure Information and notify Harris of this breach. Harris will not be liable for any loss that you may incur as a result of someone else using your Secure Information or account, either with or without your knowledge. (Refer to 4.B)

User Name and Password Privacy. Harris and Yodlee employees do not have access to your third party site usernames and passwords. Furthermore, no Harris or Yodlee employee can view or retrieve your Harris Total Look password.

 
C.

Obey the Law. You agree not to use the Service for illegal purposes or for the transmission of material that is unlawful, harassing, libelous (untrue and damaging to others), invasive of another's privacy, abusive, threatening, or obscene, or that infringes the rights of others.

 
D.

Restrictions on Commercial Use or Resale. Your right to use the Service is personal to you; therefore, you agree not to resell or make any commercial use of the Service.

 
E.

Proprietary Rights. You acknowledge and agree that We own all rights to this Website and the content We display on the site. You are only permitted to use Our content as expressly authorized by the Service. You may not copy, reproduce, distribute, or create derivative works from Our content. Further, you agree not to reverse engineer or reverse compile any of Our technology, including, but not limited to, any Java applets associated with this Service.

 
4.

Rights You Grant to Us.

 
A.

Information You Provide. Subject to the Privacy Policy (see Section 2.E above), you are licensing to Us any information, data, passwords, materials, or other information (collectively, "Information") you provide through or to Us and the Service. We may modify, display, distribute, and create new material using such Information but only to provide the Services to you. By submitting Information, you automatically agree or promise that the owner of such Information has expressly agreed that, without any particular time limit, and without the payment of any fees, We may use the Information for the purposes set forth above.

 
B.

User Name and Password Privacy. Harris and Yodlee employees do not have access to your third party site usernames and passwords. Furthermore, no Harris or Yodlee employee can view or retrieve your Harris Total Look password. Should you forget your password, you will need to re-register as a new user, unless you have enabled the automated password reset feature. The automated password reset feature prompts you with a series of questions, which when answered correctly, causes the Service to email your password to the email address you provided when you registered for the Service.

 
5.

Third Party Accounts.

 

By using the Service, you authorize Us to access third party sites designated by you, on your behalf, to retrieve Information requested by you. You hereby authorize and permit Us to use Information submitted by you to the Service (such as account passwords and users names) to accomplish the foregoing and to configure the Service so that it is compatible with the third party sites for which you submit your Information. For all purposes hereof, you hereby grant Us a limited power of attorney, and you hereby appoint Us as your true and lawful attorney-in-fact and agent, with full power of substitution and re-substitution, for you and in your name, place and stead, in any and all capacities, to access third party sites, 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 YODLEE IS ACCESSING AND RETRIEVING INFORMATION FROM THIRD PARTY SITES, YODLEE IS ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY.

You acknowledge and agree that Yodlee may not maintain the same level of security against unauthorized access to your Account Information as the third party sites from which you authorize Yodlee to retrieve Information on your behalf.

 
6.

Other Important Legal Matters.

 
A.

DISCLAIMER 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. WE 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.

WE 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, AND (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 YODLEE OR THROUGH OR FROM THE 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, THEN THIS SECTION WILL CONTROL.

 
B.

Third Party Products and Services. We remind you to be cautious when browsing on the Internet and to use good judgment and discretion when making purchases, obtaining information, or transmitting information. From the Service, users may visit or be directed to sites containing information or material that may be offensive or inappropriate to some people. We make no effort to review the content of these sites, nor are We responsible for the validity, legality, copyright compliance, or decency of the content contained in these sites. In addition, We do not endorse or control the content of any other user and are not responsible or liable for any content, even though it could be unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable, or that it infringes or may infringe upon the intellectual property or other rights of another. You acknowledge that We do not pre-screen content, but that We will have the right (but not the obligation) in Our sole discretion to refuse, edit, move or remove any content that is available via the Service.

 
C.

LIMITATION OF LIABILITY. YOU AGREE THAT NEITHER HARRIS NOR ANY OF ITS AFFILIATES, YODLEE NOR ANY OF ITS AFFILIATES, ACCOUNT PROVIDERS OR ANY OF THEIR AFFILIATES WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR 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 SERVICE; (ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE 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.

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.

 
D.

Indemnification. You agree to protect and fully indemnify and compensate Harris and its affiliates, Yodlee and its affiliates and 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 Services, your violation of the Terms or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.

 
E.

Other. This agreement cannot be changed or any of Our rights waived unless We agree in writing. If you continue using the Service following receipt of notice of any changes proposed by Us you will be deemed to have accepted the change. This agreement is personal to you and you may not assign it to anyone. All notices to you shall be in writing and shall be made either via e-mail or conventional mail, at Our discretion. We may broadcast notices or messages through the Service to inform you of changes to the Terms, the Service, the Privacy Policy, or other matters of importance; such broadcasts shall constitute notice to you. All notices to Us must be made in writing at our address below. If any provision of these Terms 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 Illinois govern the interpretation and performance of this agreement.

 
Harris Total Look Attn: Technical Support PO Box 94034 Palatine, IL 60094-4032