Terms of Use

Welcome to the Fiserv (“Fiserv ISS”) Website ( "Website”).

This Website Terms of Use Agreement (the “Agreement”) applies to the Fiserv ISS Website and its content and services, both electronic and otherwise, as well as any features or content we may add in the future. This Agreement is between Fiserv ISS and you, the Website user. By accessing or using our Website, you agree to the terms and conditions as they apply to you. If you do not agree with the terms of this Agreement, simply leave and refrain from using the Website. You should be aware, however, that any use of the Website is subject to the terms and conditions of the Agreement.

For purposes of this Agreement, "you" means any person or entity contacting and using any part of the Website, any person or entity obtaining a password for the password-protected areas of the Website, and any other persons or entities authorized to use your log-in information. "Content" means any and all information, services, hyperlinks, or other audio, visual, graphic, textual or other form of material or data displayed on the Website. You agree to ensure that other parties using your account abide by the terms and conditions of this Agreement and you assume responsibility for any breaches of the Agreement by any such persons or entities.

General Disclaimer

Much of the Content, including but not limited to financial information and research, market data, tools, services and commentary available on or through this Website is provided by or obtained from third parties and is made available by Fiserv ISS for general reference and educational purposes only.

Fiserv ISS does not provide any financial, investment, legal or tax advice and does not recommend or endorse any investment product or strategy, or any financial or investment related services. The availability of the information does not constitute any such recommendation, nor does it constitute a solicitation or offer to buy or sell any investment product. Fiserv ISS does not guarantee the accuracy of the information provided, although it is believed to be reliable. Fiserv ISS is not responsible for the quality or suitability of this information.

You acknowledge that any reliance on information obtained through your use of the Website, including through any linked sites, is at your sole risk, and that you assume full responsibility for any and all costs associated in any way with use of the Website and the materials it contains and any linked sites, and that Fiserv ISS, its officers, directors and employees are not liable for damages of any kind, whether or not such damages might have been foreseeable, related to your use of the Website, the materials and information it contains, or any linked sites. You agree to indemnify, defend and hold harmless Fiserv ISS and all of its employees, agents and representatives, from any claims asserted by a third party arising from your use of the Website, except for claims which pertain to Fiserv ISS’s ownership of intellectual property rights in the Content.

Hyperlinks to Third Party Information and Value Added Services

This Website may contain electronic hyperlinks to other sites. Fiserv ISS offers these hyperlinks as an accommodation to you and other users, but does not guarantee and is not responsible for the accuracy, quality, or suitability of the information provided on websites located through such hyperlinks, nor is Fiserv ISS responsible for the privacy practices of such other sites and sponsoring companies. When you leave the Website by means of a hyperlink, you are subjecting yourself to whatever policies and practices might be employed by the operators of the other websites, and Fiserv ISS has no control over such activities. It is strongly recommended that you read and familiarize yourself with the user policies of other websites before utilizing the contents of those sites.

Arbitration and Governing Law Provisions

By using the Website you agree that all claims and disputes of every type and matter which may arise between you and Fiserv ISS will be submitted to binding arbitration pursuant to the Commercial Arbitration rules of the American Arbitration Association; when the total damages by all claimants in an Arbitration Demand exceed $75,000 the proceedings and hearings in the case shall take place only in Denver, Colorado; when the total damages by all claimants in an Arbitration Demand are $75,000 or less, the arbitration proceedings and hearings in the case shall take place only in the city with a United States District Court nearest to the residence of one or more of the claimants. To the extent not preempted by federal law, Colorado law (including without limitation Colorado statutes governing arbitration proceedings) shall control during the arbitration. You expressly waive any right you may have to institute or conduct litigation or arbitration in any other forum or location, or before any other body, whether individually, representatively or in another capacity. Arbitration is final and binding on the parties. An award rendered by the arbitrator(s) may be confirmed in any court having jurisdiction over the parties. In arbitration the parties are entitled to a fair hearing, but arbitration procedures are simpler and more limited than rules applicable in court. The arbitrator's award is not required to include factual findings or legal reasoning, and any party's right to appeal or to seek modification of rulings by the arbitrator is strictly limited.

Acceptable Use

The Website may not be used in violation of any community standards, accepted Internet policy, laws or regulations of local, state, foreign or Federal governments or agencies thereof, or international treaty. Actions such as, but not limited to, misuse of copyrighted, patented or protected materials, use of the Website for defamatory, threatening or obscene purposes, the mass distribution of any message on an intrusive basis to users of the Internet, or denial-of-service or security related attacks is prohibited.

Security/Privacy

The Internet is not a secure network. Confidential or sensitive information should not be transmitted over the Internet, or stored on computers directly connected to the Internet. Fiserv ISS does not assume responsibility for loss or theft of information transmitted over the Internet or stored on computers directly connected to the Internet. You further acknowledge that, by using the Website, information as to your Internet address, your identity, the details of your activity on the Website and other similar information will become available to Fiserv ISS and you hereby permit Fiserv ISS to collect, store, analyze and use this information in its sole discretion for marketing, promotional, quality control and other purposes related to the Content and to the operation of the Website. Fiserv ISS will only make such information available to third parties pursuant to its Privacy Policy.

Downtime and interruptions in service

Fiserv ISS strives to keep the Website available on a continuous basis. However, as with all computer software systems, periodic upgrades and other service will sometimes be required. In addition, telecommunications links that are necessary to operate the Website are maintained by third parties, and Fiserv ISS has no control over the ability of such external systems to remain in operation without disruption. Thus, you acknowledge that the Website may be occasionally unavailable due to such periodic maintenance or to other unexpected interruptions, and Fiserv ISS is not responsible for inaccessibility during such downtimes.

Modification

Fiserv ISS may modify the Content of the Website at any time without notice. Fiserv ISS makes no guarantee that the Content offered on the Website will remain available for any specific period of time. Additionally, from time to time Fiserv ISS may modify or amend this Agreement. Any such changes will be reflected in the then-current version of the Agreement, which will be accessible on the Website. You agree to be bound by all terms of such amendments or modifications through your continued use of the Website.

Termination

This Agreement is effective unless and until terminated by Fiserv ISS. Fiserv ISS may terminate this Agreement at any time without notice to you, and accordingly deny you access to protected areas of the Website if you fail to comply with the provisions of this Agreement.