RAYMOND JAMES CLIENT ACCESS TERMS AND CONDITIONS
This TERMS AND CONDITIONS AGREEMENT (the "Agreement") sets forth the terms and conditions under which Raymond James Financial, Inc. or its affiliate(s) (collectively, "Raymond James"), agree(s) to provide You (as defined below) with access to certain electronic services through Raymond James, including access to account information, investment research, online funds transfer services, electronic delivery of documents (as You may elect) and other services Raymond James may make available either alone or in conjunction with other parties through Raymond James Client Access (collectively, the "Services").
By using Raymond James Client Access and its services, You agree that these terms and conditions supplement Your existing Client Agreement(s) with Raymond James. You may access Raymond James Client Access through a personal computer, laptop, phone, tablet, or other internet enabled access device (collectively, “Access Device”), and the terms described herein shall apply to all such Access Devices. Certain features and views within Raymond James Client Access are Access Device dependent, may vary across different Access Devices, and certain limitations and restrictions may apply to certain types of Access Devices. The following terms and conditions govern Your Use of Raymond James Client Access:
- Parties. As used herein, the term "You" and "Your" shall mean You, individually, and each other party on whose behalf You may use the Services at any time. All references to "We", "Us" or "Our" shall refer to Raymond James. Client Access is operated by Raymond James & Associates, Inc. which is a U.S. registered broker-dealer. The Services are provided by Raymond James or Third Party Providers (as defined below). Services are not intended to be provided to and may not be used by any party in any jurisdiction where the provision or use thereof would be contrary to all applicable law, rules or regulations ("Applicable Law").
- Responsibility for Use of Passwords. You are solely responsible for maintaining the confidentiality of any user identifications, passwords, authentication codes or other security devices or procedures (collectively, "Passwords") issued to You or to persons within Your organization. Certain Access Devices may store Passwords and you remain responsible in the event such stored Password is used by an unauthorized individual using the Access Device, including (without limitation) if such Access Device is lost, stolen, or publically accessible by third persons. You may, at any time and for any reason (ex. your Access Device is lost or stolen), contact Us for password assistance. You may not share Your Passwords with any third party. You agree not to alter, delete, disable or otherwise circumvent any Password or permit or assist any other party to do so in a manner not authorized by Us. We reserve the right to suspend Your access to the Services and change (or require You to change) Your Passwords at any time. You are responsible for all transmissions, instructions, information, processes, click stream data or other communications ("Communications") attributable to Your Passwords, whether entered by You, Your authorized persons or by any other person, and any agreement or consent communicated from such access or Communications shall be deemed to be Your duly signed writing that is sufficient to bind You. You shall notify Us immediately upon learning or suspecting that any unauthorized party has obtained Your log-in identification or Password. You shall maintain adequate internal procedures and controls over Your use of the Services.
- Additional Terms. You may be asked to execute supplementary agreements or make certain account related elections, in paper or electronic form, before You are permitted to access or use certain features or functionality of the Services (each, a "Supplemental Agreement"). You authorize Us to rely upon "checks" or "clicks" in designated locations that are attributable to Your Password as Your intent to make such an election and Your consent to the terms of any such Supplemental Agreements. You have agreed to and/or may be asked to agree to account agreements and other documentation between You and Us governing the provision to You of products and services other than the Services (each, an "Account Agreement"). This Agreement is in addition to any Account Agreement and is not intended to supersede or modify any such Account Agreement, except for those terms that are in respect to your election to receive electronic delivery as described herein. You also agree to review any disclosures, terms of use and disclaimers presented on the Services, which are incorporated herein by reference, and that Your use of the Services is subject to such terms.
- Change to Terms and Conditions. We may add, delete or otherwise modify any portion of this Agreement (including the Supplemental Agreements and disclosures and disclaimers) in whole or in part at any time, including without limitation to impose charges for use of the Services or a portion thereof. You should review the most current version of this Agreement by clicking the Terms and Conditions of Use located at the bottom of the page. We shall provide at least thirty (30) days prior notice (or less if the change is required, in Our reasonable opinion, to comply with any changes in any applicable laws, rules or regulations) to You, in an e-mail or otherwise, of any such change, and Your continued use of the Services shall indicate your acceptance.
- Market Information. We may make available to You through Client Access a broad range of financial information that We obtain from Our affiliates, agents, vendors or partners ("Third Party Providers"). This includes financial market data, quotes, news, analyst opinions and research reports. Collectively, We refer to this as "Market Information." Raymond James does not endorse or approve the Market Information, and We make it available to You only as a service and convenience. Raymond James and Our Third Party Providers do not: (i) guarantee the accuracy, timeliness, completeness or correct sequencing of the Market Information; nor (ii) warrant any results from Your use or reliance on the Market Information. Market Information may quickly become unreliable for various reasons including, for example, changes in market conditions or economic circumstances. Neither Raymond James nor the Third Party Providers are obligated to update any information or opinions contained in any Market Information, and We may discontinue offering Market Information at any time without notice. You agree that neither Raymond James nor the Third Party Providers will be liable in any way for the termination, interruption, delay or inaccuracy of any Market Information. You will not redistribute or facilitate the redistribution of Market Information, nor will You provide access to Market Information to anyone who is not authorized by Raymond James to receive Market Information. If You are a securities broker, dealer, banker or investment advisor, You agree not to use the Market Information provided by Raymond James for any purpose related to Your business.
- Usage and Proprietary Rights. We grant You, for the term of this Agreement, a personal, limited, non-exclusive, revocable, non-transferable and non-sublicenseable license to use the Services subject to the terms hereof. You have no ownership rights in the Services, which are owned by Us or Our licensors, and are protected under copyright, trademark and other intellectual property laws and other Applicable Law. You receive no copyright or any other intellectual property right in or to the Services, except as provided above. You may use the Services only for Your internal business purposes. You agree that We may provide certain portions of the Services under license from third parties, and You agree to comply with any additional restrictions on Your usage that We may communicate to You from time to time, or that are otherwise the subject of an agreement between You and such licensors. We retain exclusive control over the Services, and reserve the right, at any time and in Our sole discretion, without prior notice to You, to: (i) change, suspend or discontinue all or a portion of the Services; (ii) impose limits on, restrict or terminate Your access to all or a portion of the Services; or (iii) terminate Your license. You agree that We may monitor Your use of the Services. Each party will treat the existence and terms of this Agreement as confidential, and You further agree that any information relating to the content or operation of the Services is confidential and proprietary to Us, and that You will refrain from disclosing such information to any third party.
- Costs and Fees. You are solely responsible for all costs and fees associated with Your use of the Services, including without limitation acquiring, installing, maintaining and supporting any hardware, software, and/or internet service plan or data subscription necessary to access and use the Services. You agree that the requirements for such operating environment may change without prior notice.
- Representations and Warranties. You represent and warrant, each time You use the Services, that: (i) You have the power and authority (including under any applicable investment restrictions or guidelines and on behalf of any party for whom You are using the Services) to enter into and perform Your obligations under this Agreement and this Agreement is Your legal, valid, binding and enforceable obligation; (ii) by clicking or checking "I Affirm" in the Client Access page You acknowledge that You intended to sign and You have signed this Agreement and are bound by its terms; (iii) by using or accessing the Services, You have agreed to be bound by the terms of this Agreement; (iv) You shall only use the Services in accordance with this Agreement, any applicable Account Agreement, any applicable Supplemental Agreement and Applicable Law; (v) if You are accessing the Services on behalf of another party, You assume all fiduciary, regulatory and other requirements and duties that may apply to Your relationship to such party; (vi) if applicable, You are a "qualified institutional buyer", as defined in Rule 144A under the Securities Act, or an "accredited investor", as defined in Rule 501 of Regulation D under the Securities Act; and (vii) You shall not introduce, nor permit any person to introduce into the Services, any code, malicious or hidden mechanisms that would impair the operation of the Services or of Our computers or other devices or software, or would permit other users access to the Services, nor shall You use the Services to gain unauthorized access to any computer system.
- DISCLAIMER OF WARRANTIES. ALTHOUGH RAYMOND JAMES TRIES TO PROVIDE ACCURATE AND TIMELY INFORMATION THROUGH Client Access, THERE MAY BE INADVERTENT TECHNICAL OR FACTUAL INACCURACIES AND TYPOGRAPHICAL ERRORS. RAYMOND JAMES RESERVES THE RIGHT TO MAKE CHANGES AND CORRECTIONS AT ANYTIME, WITHOUT NOTICE. THE SERVICES ARE PROVIDED BY US "AS IS", AND NEITHER WE NOR ANY THIRD PARTY THAT CONTRIBUTES IN ANY MANNER TO THE SERVICES MAKES ANY REPRESENTATION OR WARRANTY WHATSOEVER, INCLUDING WARRANTIES: (I) WITH RESPECT TO THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE SERVICES; OR (II) THAT THE SERVICES SHALL BE UNINTERRUPTED OR ERROR FREE. FURTHER, WE AND ANY THIRD PARTY THAT CONTRIBUTES IN ANY MANNER TO THE SERVICES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE RELATING TO THE SERVICES. ANY HYPERLINK TO ANOTHER SITE IS NOT AND DOES NOT IMPLY AN ENDORSEMENT, INVESTIGATION, VERIFICATION OR MONITORING BY US OF ANY INFORMATION ON THAT SITE. YOU ASSUME THE ENTIRE RISK TO THE USE OF THE SERVICES.
- LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL RAYMOND JAMES FINANCIAL, INC. OR ITS AFFILIATES, SUBSIDIARIES OR CONTROLLING ENTITIES OR THEIR THIRD PARTY VENDORS, CONTRACTORS OR TECHNOLOGY OR CONTENT PROVIDERS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, OWNERS, AGENTS AND EMPLOYEES (THE "RAYMOND JAMES PARTIES") HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON FOR ANY COSTS, LIABILITIES OR DAMAGES OF ANY KIND, WHETHER DIRECT, INDIRECT, (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, TRADING LOSSES OR DAMAGES THAT RESULT FROM USE OR LOSS OF USE OF THE SERVICES, INCONVENIENCE OR DELAY), CONSEQUENTIAL OR PUNITIVE (TOGETHER, "COSTS"), ARISING OUT OF, OR IN CONNECTION WITH, THIS AGREEMENT OR THE PERFORMANCE OR BREACH OF THIS AGREEMENT, OR YOUR OR ANY OTHER PERSON'S USE OF, OR INABILITY TO USE, THE SERVICES. THESE LIMITATIONS SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON STATUTE OR ARISING IN CONTRACT, INDEMNITY, WARRANTY, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE), AND REGARDLESS OF WHETHER ANY RAYMOND JAMES PARTY KNOWS OR HAS REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY IS IN ADDITION TO ANY OTHER LIMITATION PROVIDED IN ANY APPLICABLE ACCOUNT AGREEMENT, SUPPLEMENTAL AGREEMENT OR ANY OTHER AGREEMENT.
- Your Indemnification Obligations. You agree to indemnify, defend and hold the Raymond James Parties harmless from and against any and all losses, liabilities, judgments, arbitration awards, settlements, expenses, damages and costs, including attorneys' fees and disbursements, as incurred by any of them arising in any manner out of or relating to: (i) Your use of, or inability to use, the Services; (ii) any breach or alleged breach by You of this Agreement; or (iii) Your election and use of (to the extent applicable) of electronic delivery of Prospectus(es) (as defined below), shareholder communications, and other account related documents. You shall cooperate with Us as fully as reasonably required in the defense of any third party claim subject to these indemnity provisions. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You. You shall not in any event settle any matter without Our prior written consent. This indemnity is in addition to any other indemnity provided in any applicable Account Agreement, Supplemental Agreement or any other agreements.
- Governing Law; Dispute Resolution. This Agreement will be governed by Florida law without giving effect to principles of conflict of law. The terms of Your Client Agreement and/or New Account Agreement, which provide for pre-dispute arbitration, will govern the resolution of any dispute or disagreement arising out of or related to this agreement. If You are a third-party accessing Client Access on behalf of a client, then You agree that the sole and exclusive remedy for the resolution of any dispute or disagreement regarding Your use of the Services shall be binding arbitration in accordance with the then-current rules of the Financial Industry Regulatory Authority.
- Third Party Beneficiaries. To the extent the Services contain data or information provided by Third Party Providers or are otherwise contributed to by Third Party Providers, such Third Party Providers shall be considered third party beneficiaries of this Agreement for purposes of Sections 8-11.
- Notice. Any notices or other communications required or permitted to be given or delivered under this Agreement by Us to You shall be: (i) provided through the Services, by e-mail, by facsimile (with confirmation of receipt) or in writing to the address provided by You, which You are solely responsible for updating as necessary; or (ii) in accordance with section 22 governing Your election (to the extent applicable) of the Documents (as defined below). Any notices or other communications under this Agreement by You to Us shall be provided in writing to Raymond James at its corporate headquarters in St. Petersburg, Florida, to the Attention of: General Counsel, or as otherwise specified in writing. Notices transmitted electronically (e-mail or fax or phone) shall be effective upon transmission, provided that such notice is properly addressed; all other notices shall be effective upon receipt.
- Assignment; Waiver. You may not assign, sublicense, delegate, subcontract or otherwise transfer Your rights, duties and obligations under this Agreement to a third party without Our express written consent. Any instrument purporting to make an assignment or other transfer in violation of this provision shall be null and void. Any forbearance or delay on the part of either party hereto in enforcing any provision of this Agreement or any of its rights hereunder shall not be construed as a waiver of such provision or of a right to enforce same for such occurrence or any future occurrence. Raymond James has the right to assign (in whole or in part) this Agreement to any corporate affiliate or Third Party Provider of Raymond James.
- Termination. You may terminate this Agreement, with or without cause, upon at least one day's written notice in non-electronic form to Us. Sections 5, 7 through 14, 17 and 19 shall survive the termination of this Agreement.
- Miscellaneous. This Agreement, together with any and all Supplemental Agreements and applicable Account Agreements, constitute the entire agreement between You and Us with respect to the Services. Any cause of action with respect to the Services must be commenced by You within one year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. The rights and remedies of the parties hereunder are cumulative and are in addition to, and not in lieu of, all rights and remedies available at law and in equity.
- Use of Information. Subject to Our Privacy Policy, You authorize Raymond James and any third party to whom Raymond James may delegate responsibilities, subject to adequate confidentiality and safeguard obligations, to use, disclose and otherwise process, Your personal information for the purposes of: improving Web site content, performance, security, administering and executing transactions; maintaining Our relationship; or as may be required or permitted by law or regulation. Personal information includes, without limitation, information collected through Client Access or in other communications with Raymond James, including telephone calls and e-mails, information about Your use of Our Websites and services and "cookie" information. In addition We use cookie information to recognize Your computer and Passwords when You return to Our site. Most Web browser software allows You to modify Your preferences to be notified when a cookie is set, or to reject all cookies. If You choose to reject Our cookies, some areas of Our Web sites may not function properly or may not be accessible.
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Online Funds Transfers. This Section 19 covers
Your participation in the online automated clearing house ("ACH") transfer service
and other electronic funds transfer services (collectively, the "Electronic Funds
Transfer Services") offered by Raymond James.
(a) Payment. Each time You initiate a transaction, You authorize Us to initiate an Electronic Funds Transfer Services in Your name to the financial account You specify and in the amount You request, in U.S. funds, payable to the financial institution indicated (as applicable). Transactions are restricted to Your available fund limits, or any other limitation placed upon the applicable account. We do not have any responsibility to review the merits, completeness or accuracy of Your requested electronic funds transfer.
(b) Dishonored Requests for ACH Payments. In the event that an electronic funds transfer results in any debit amount or additional fees payable resulting from (for example and without limitation) any transfers not honored by an external bank, then We have the right to charge the amount of any such transaction to Your Raymond James account or to collect the amount from You. If this happens, We may cancel Your right to participate in any Electronic Funds Transfer Services. Fund transfers and availability may not be immediate, and requires standard processing times that may vary.
(c) Raymond James' Liability. If, as a result of Our negligence, We fail to complete a transfer to or from Your Raymond James account on time (in accordance with the times prescribed herein, or in the Client Access system, or if no time is provided, then in a reasonable period of time) or in the correct amount, We will only be liable to You for Your direct loss. However, there are some exceptions, which include, but are not limited to:
- If, through no fault of Our own, You do not have enough money to complete the transfer;
- If completing the transfer would cause You to exceed Your available balance or credit limit on Your Raymond James account;
- If the funds in Your Raymond James account are subject to legal process, temporary hold, or any other encumbrance restricting the transaction;
- If the computer, terminal, network or system fails to function properly and You know about such failure before or while You attempt to make the transfer;
- If circumstances beyond Our control (such as the actions or inactions of a 3rd party, or a hurricane, fire or flood, etc.) prevent Us from making the transfer, despite reasonable precautions that We have taken; and
- Any other exceptions stated in any agreement We have with You.
(d) General Disclosure Statement. Any documentation provided to You which indicates that an electronic funds transfer was made shall be admissible as evidence of such transfer and shall constitute prima facie proof that such transfer was made. Once Your electronic funds transfer is in process from Your Raymond James Account, except as otherwise provided in this Agreement, You will be unable to stop payment of such transfer. We shall have no liability for notices or summaries of specific electronic funds transfers that may be sent to e-mail addresses (secured or unsecured) that You may provide to Us. Furthermore, it is Your responsibility to understand any tax consequences or impacts associated with requesting distributions from, or contributions to, a retirement account, and to ensure IRS deadlines (such as RMD or prior year contributions) are met.
- Not a Solicitation. You acknowledge that Client Access is for information purposes only and does not constitute an offer to sell or a solicitation of an offer to buy any security, which may be referenced in Client Access.
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Additional Conditions.
(a) Data. Data supplied by Raymond James Client Access is for informational purposes only. This information is not intended to replace the monthly account statements You receive unless you elect electronic delivery of certain Documents (defined below) as described in Section 22 below.
(b) Commitment to Privacy. Raymond James is committed to protecting confidentiality of the information furnished to Us by Our clients. Our Privacy Policy may be reviewed at any time.
(c) Viewing Raymond James Trust N.A. Accounts. When looking at accounts held by Raymond James Trust N.A., please be aware of the following:
- Positions and transactions are as of close of business the previous day. Any transactions posted to a trust account after close of business the previous day will not be reflected.
- Positions are posted as of settlement date, not trade date.
- Although accounts held by Raymond James Trust N.A. can be viewed in Client Access, certain services and features, such as the ability to suppress postal delivery of statements and trade confirmations, may be unavailable for these accounts.
At this time, statements for trust accounts are not available online. The Raymond James Trust N.A. Privacy Notice may be viewed here.
(d) Online Statements and Trade Confirmations. Account statements and trade confirmations are made available to You in electronic format for information purposes only and do not replace the hardcopies You receive at the account's address of record except when You elect to suppress postal delivery of such statements and trade confirmations as described in Section 22 below. For regulatory and compliance reasons, it is critical You provide Us with a valid e-mail address and inform Us if and when that address changes.
(e) Use of E-mail Addresses. We have adopted a number of policies and procedures intended to prevent unauthorized access to information within Your account. If We need to contact You about Your transactions or accounts or to provide information about Raymond James, Your e-mail address lets Us do that promptly. E-mail addresses will also be used by Client Access to notify account holders with change of password notifications, change of e-mail address notifications, notifications of availability of the Documents if You elect these options, and notifications of changes to the method of distribution for these documents. Your e-mail address may also be made available to Your financial advisor. Your financial advisor may use this address to contact You from time to time. Please alert Your financial advisor, in writing, if You do not wish Your financial advisor to contact You in this manner.
(f) Preserving the Security of Your Account. We take commercially reasonable precautions to protect and secure Your account and We believe We can minimize the likelihood of a third party gaining access to personal account information. We cannot, however, guarantee that un-authorized persons will be unable to access Your account. It should be noted that a successful hacker, by accessing an account, can learn who received checks from You, who sent You checks and where You used Your credit card(s), if that information appears on Your account.
(g) Hardware and Software Required to Use the Service. You have the responsibility for meeting the minimum hardware and software required to use the Service. A current list of the requirements can be found at this LINK. For assistance, please contact Client Access Support at 877-RJ-ACCESS (877-752-2237) or e-mail Us.
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Electronic Delivery of Documents.
This section 22 covers Your election (if and to the extent You have made such an election and such election is available) to receive electronic delivery of “Documents” including (without limitation) all current and future documents that can be electronically delivered and/or account related statements, trade confirmations, reports and proxy statements, Prospectuses (defined below), other client communications, shareholder communications and regulatory notices (collectively, the “Documents”). Prospectuses include those resulting from the purchase of an equity, debt or mutual fund product and/or other prospectuses as applicable ("Prospectuses). By selecting electronic delivery of the Documents, You will no longer receive such Documents by postal delivery when We can provide them electronically. Instead, You will be notified of the availability of the Documents at Your primary e-mail address and You will be provided with a link to the material which can be viewed online and printed on Your printer. You may elect electronic delivery of Documents by selecting the appropriate box(es) and radio button(s) on the Raymond James Client Access election screen. Once electronic delivery is elected, You will be sent an e-mail notification to confirm Your enrollment status and a printed notification will be mailed to the address of record confirming your elections. By electing the electronic delivery of Your Documents, You represent that You understand and agree to the following provisions:
(a) Revocation and Termination. You may revoke Your prior elections and resume postal delivery of Your Documents at any time by changing Your election on Client Access or by contacting Client Access support at 877-RJ-ACCESS (877-752-2237). Any change of election may not go into effect until the following business day and Tax Related Documentation may take longer. See section (k) for specific information.
(b) Delivery. You understand and agree that by electing electronic delivery, You terminate delivery of paper copies of the Documents (that can be delivered electronically) for all holdings in Your designated Account. You agree that electronic delivery of these Documents will be good delivery to You and be deemed received by You when posted online or sent to You in electronic format, whether You actually access or view any of the Documents. You understand that it is Your responsibility to promptly and carefully review the Documents made available to You electronically and to immediately notify Us of any errors. Certain Documents originate from issuing corporations, mutual funds and other parties and the content of those particular Documents is the responsibility of the issuing corporation, mutual fund or other third party; We are not responsible for the content of those particular Documents.
(c) Maintaining Access. You represent and warrant that You have and will continue to maintain access to Client Access. Furthermore, You represent that You have access to a suitable Access Device with an internet and/or data plan that supports, at Your cost, the ability to receive and view e-mail notices and Documents in HTML, PDF or other common format, to download PDF files using Adobe Acrobat Reader or other programs as We may advise or as may be required, and to save and (if you desire) print the Documents, and that You also have high level browser encryption, PDF file access, Internet, and e-mail access. If You no longer have the aforementioned access or abilities, You will immediately revoke Your prior election for electronic delivery of Documents on Client Access and resume postal delivery of Your Documents. Maintaining the access and abilities described herein is solely Your responsibility. Browser and Adobe Acrobat Reader versions necessary to view Client Access are listed on Client Access.
(d) Required Upgrades. You agree that should the method of electronic delivery change so as to require additional hardware, software, upgrades, plug-ins, security or other features that the system used by You will upgrade to the required standards, software applications or other feature(s). In the event You choose not to perform the required upgrades, You will immediately notify Us of Your election to resume postal delivery of Your Documents.
(e) Maintaining E-mail Access. You represent and warrant that You have and will continue to maintain the continuous ability to receive and access all e-mail notices sent to You at the e-mail address You provided to Raymond James. Maintaining Your email address in Client Access is solely Your responsibility. In the event You no longer have such access or if We are unable to deliver e-mails to Your e-mail address, We will resume postal delivery of Your Documents.
(f) Additional Paper Delivery. You understand and agree that even though You have requested and consented to electronic delivery of Documents, We, at Our sole discretion, may continue to deliver or cause to deliver any such Documents in paper form to Your mailing address of record or may resume postal delivery of Your Documents. If an electronic version of the Documents is not available or delivered through electronic delivery, You may receive printed non-electronic copy by postal delivery and an e-mail notice may not be made. Such paper copies will constitute Your record of such Documents. We will send or cause to be sent (to the extent possible) a paper copy of Documents previously delivered through electronic delivery at Your request. Please contact Your financial advisor for such copies. A fee may apply for such requests. A request for a paper copy will not terminate Your election for electronic delivery of Your Documents.
(g) Your Duty to Review. You understand and agree that it is Your responsibility to access and review the Documents upon receipt of an e-mail notice. All terms in the Documents are binding just as if they were delivered in paper form. Although the Documents may be available online for a period of time, You understand that they are delivered in a manner to allow You immediate access to download and print. You understand that You should download and print the Documents so that You may access or maintain them in Your personal records or in the event they are temporarily or otherwise unavailable online.
(h) Additional Risks. You understand that certain risks are associated with the transmission of confidential materials, e-mail notices, and other communications through the internet including but not limited to unauthorized access, systems outages, delays, disruptions in telecommunications services and the Internet. E-mail is not private or secure. The e-mail notice sent to You is an unencrypted, automatic alert. Although such e-mail notice is not intended to contain personally identifiable confidential financial information, it may contain, in its design, part or all of Your name or other identifier that could be seen or intercepted by others if delivered to Your business address or other computers or electronic devices not exclusively under Your control. You understand and agree that You will not respond to the e-mail notice by return e-mail, or use it to request information, service, paper copies or other items or to revoke consent. Raymond James will not be responsible to act upon requests made in that manner. Raymond James does not recommend the e-mailing of any private information as there is no reliable security or encryption method available.
(i) Shareholder and Other Client Communications. If You own shares or units in a security as of the record date for a particular shareholder distribution, and the shareholder materials to be distributed are available electronically, and to the extent you have elected to electronically receive such shareholder materials, You will receive an e-mail with links to the materials. These shareholder materials originate from the issuing corporations, mutual funds, and other third parties and the content of the shareholder materials is the responsibility of the issuing corporation, mutual fund or other third party; We are not responsible for such content. Some materials are not available in electronic format at this time. If the materials are not available in electronic format, You will receive the materials by mail at Your address of record.
(j) Proxy Voting Information. To the extent Your election to receive certain Documents electronically involves proxy voting information, the e-mail notification will include a link to the ProxyVote site and a unique control number that You will need in order to submit Your vote. To complete Your vote, You will also need Raymond James' personal identification number (PIN), which is 1962. If You receive more than one proxy to vote, each will contain a unique control number.
(k) Tax Related Documentation. Tax documentation provides important information You need to complete your tax returns. Much of the information We provide in tax documentation is also reported to the IRS, as required by law, including dividends, distributions, gains or losses, cost basis and adjusted cost, proceeds, interest income, miscellaneous income, original issue discounts and payments from qualified education programs. Tax documentation that may be delivered online pursuant to Your election includes IRS Composite Form (Forms 1099-B, -DIV, -INT, -MISC, -OID) and IRS Forms 1099–R, 1099-Q, 5498, and 1042-S, and any required correction of any such forms. In accordance with this section 22, We will provide electronic notice of the availability of Your tax documentation on or before the required IRS-designated due date. All other terms and procedures described in this section 22 regarding the electronic delivery of documents apply with respect to any tax related documentation, unless inconsistent with the IRS requirements described below.
Prior to making Your consent for electronic delivery of tax documents, We must provide you with the following disclosures as mandated by the IRS:
- Your tax documents will be furnished to You on paper at Your address of record if You do not consent to receive them electronically.
- Electronic delivery of Your tax documents will continue for every tax document furnished to You after the date of your consent for electronic delivery, until You revoke your consent for electronic delivery, or We terminate electronic delivery.
- If You desire to obtain a paper copy of any tax document after giving Your consent for electronic delivery, please contact your financial advisor or Client Access support at 877-RJ-ACCESS (877-752-2237). A request for a paper copy of a tax document will not revoke Your election for electronic delivery of Your tax documents.
- You may revoke Your election for electronic delivery of Your tax documents and resume postal delivery of Your tax documents at any time by changing Your election on Client Access, or by contacting Client Access support at 877-RJ-ACCESS (877-752-2237).
- Revocation of your election confirms your agreement that your tax forms will be mailed in paper to your address of record. The effective date may be up to two weeks after the date You notify us of the revocation.
- The revocation of Your election for electronic delivery does not apply to a tax document that was furnished to You electronically before the date Your revocation takes effect.
- We may terminate Your election for electronic delivery under the circumstances described in section 22(c) above, or if We should change the documents available for electronic delivery to You.
- You may update Your contact information on file with Raymond James for tax reporting purposes by contacting your financial advisor or Client Access support at 877-RJ-ACCESS (877-752-2237). We must inform You of any change in Our contact information for tax reporting purposes.
- To access, print and retain Your tax documents electronically, You must have the hardware and software described in section 22(c) above. Any tax document made available through electronic delivery will be available for download, review or copy pursuant to Our document retention policy in effect at that time, but in any event through October 15th of the year following the year to which the tax document relates (or the first business day after October 15, if October 15 falls on a Saturday, Sunday, or legal holiday), or any other minimum time period required by the IRS and any other applicable law.
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