Last updated August 7, 2024
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Welcome to Stifel Wealth Tracker.
PLEASE REVIEW THIS AGREEMENT, WHICH SETS OUT THE TERMS OF YOUR USE OF THE STIFEL WEALTH TRACKER PLATFORM (“WEALTH TRACKER” OR THE “PLATFORM”) AND THE CONTENT (DEFINED BELOW) AND THE SERVICES (DEFINED BELOW) PROVIDED ON THE PLATFORM. THIS IS A BINDING AGREEMENT BETWEEN YOU AS A USER OF THE PLATFORM AND THE SERVICES (A “SUBSCRIBER”) AND STIFEL, NICOLAUS & COMPANY, INCORPORATED, THE PROVIDER OF THE PLATFORM AND THE SERVICES. BY ACCESSING THE PLATFORM AND/OR USING THE SERVICES, YOU AGREE TO BE BOUND BY AND TO COMPLY WITH THIS AGREEMENT.
YOU ARE BEING GIVEN ACCESS TO THE PLATFORM BECAUSE YOU ARE AN EXISTING CLIENT OF STIFEL, NICOLAUS & COMPANY, INCORPORATED, AND HAVE ENTERED INTO THE STIFEL ACCOUNT AGREEMENT AND DISCLOSURE BOOKLET, THE TERMS OF WHICH ALSO GOVERN YOUR USE OF THE PLATFORM AND THE SERVICES. IF YOU ARE NOT A CLIENT OF STIFEL, OR DO NOT AGREE TO BE BOUND BY AND COMPLY WITH THIS AGREEMENT, YOU MUST IMMEDIATELY CEASE ACCESSING THE PLATFORM AND USING THE SERVICES.
THIS AGREEMENT REQUIRES ALL DISPUTES TO BE RESOLVED BY WAY OF BINDING ARBITRATION. THE TERMS OF THE ARBITRATION CLAUSE APPEAR IN SECTION 16 BELOW OF THIS AGREEMENT.
Stifel, Nicolaus & Company, Incorporated (“Stifel,” “we,” “us,” or “our”) is the provider of the Platform. The Platform is an online financial information retrieval and management platform that allows you, as a Subscriber (“you” or “your”), to, among other things, view, consolidate, and manage information concerning your account(s) with Stifel or any of our affiliates (“Stifel Account Data”) and/or information concerning your accounts that you maintain at third-party financial institutions with which you have a customer relationship (each, an “External Financial Institution”) that are accessible from such External Financial Institutions’ websites (“External Account Data”). In addition to the foregoing account information services, the Platform also may provide financial and other information, quotations, market data, documentation and research (“Content”), analytics and other online software tools (“Tools”) (all services delivered on the Platform, collectively, the “Services”). The Platform is available via mobile, tablet, or any computer. The Platform is provided strictly as a convenience and is not, and shall not be considered, a substitute or replacement for account statements or other documentation provided by Stifel or any of our affiliates or third-party account providers. Please consult your official account statements for information regarding your account balances, positions, and transactions.
This Agreement, including any Annexes (defined below) included or referenced herein, and any amendments hereto (collectively, this “Agreement”) is an agreement between you and us which sets forth the terms and conditions applicable to your access and use of the Services. This Agreement incorporates by reference our Privacy Statement, which governs how we gather, use, disclose, and process your personal data. PLEASE READ OUR PRIVACY STATEMENT CAREFULLY.
This Agreement also incorporates the terms of any Annex posted on the Platform (an “Annex”), which Annexes may address general rules or guidelines established by Stifel for use of the Platform, and in some cases set out terms that are applicable to only certain of the Services. In some cases, you will be asked to separately accept the terms of an Annex in order to receive the Services that are the subject of the Annex. All Annexes are incorporated in and subject to this Agreement, and may be modified by Stifel from time to time. The Annexes include:
You represent that you are of applicable legal age and able to enter into legally binding contracts, and you agree that this online Agreement (including all applicable Annexes) legally binds you in the same manner that you would be bound by a signed, written, paper contract. You may not use the Platform or the Services in any manner, or attempt to access the Platform or the Services, if you are not willing to be bound and abide by this Agreement.
We reserve the right to change or modify any portion of this Agreement or our Privacy Statement, or modify or discontinue any portion or all of the Services or features and functionality provided through the Platform, from time to time. If we decide to change this Agreement (including any Annex), we will notify you (in a manner consistent with Section 17 below) and post or provide a link to the amended Agreement on the Platform or otherwise on our website. You agree that such changes will be effective at the time such notice of the amended terms is provided, and that such notice constitutes adequate and effective notice. By accessing and logging in to the Platform and/or accessing the Services, after such amendment, you are agreeing to the Agreement terms as amended.
Your use of the Platform and the Services are offered free of charge as part of your relationship with Stifel. Stifel reserves the right, in our sole discretion, to amend or change its pricing policy for its current Services or any additional services that we may offer.
By agreeing to this Agreement and accessing the Platform and/or using the Services, you acknowledge and agree that:
In addition to our rights to terminate this Agreement under Section 15 below, we reserve the right to modify, temporarily suspend, or permanently discontinue your access to the Platform or any portion thereof, or any of the Services (in our discretion, temporarily or permanently), notify law enforcement, regulatory authorities, impacted third parties, and others as we deem appropriate, and/or take legal action against you, including where we (a) believe that the Platform or the Services are being used in violation of this Agreement or applicable law; (b) believe your use of the Platform or the Services interferes with the normal operations of the Platform or creates any threat to the security of the Platform or other users thereof, or otherwise breaches this Agreement; (c) become aware of what we, in our sole discretion, deem a credible claim that the Platform or any portion thereof infringes upon the intellectual property rights of a third party; or (d) are required to do so by law, in each case with or without prior notice to you. We also reserve the right, at any time, to modify, add to, or remove any portion or feature of the Platform or the Services, and you agree that we shall not be liable to you or any third party for any such modification or cessation of the Platform or the Services or any modification of this Agreement.
Your right to access the Platform and use the Services is revoked where this Agreement or use of the Platform or the Services is prohibited or to the extent the offer, sale, or provision of the Platform or any of the Services conflicts with any applicable law, rule, regulation, policy, procedure, contract, agreement, or understanding. Stifel may, in its sole discretion, revoke any user’s access or refuse to offer any user access to the Platform or the Services, or change the Platform’s eligibility criteria, at any time.
In order to use the Platform or the Services, you first need to create a Platform user account (“User Profile”) through the Platform. To establish a User Profile, you must provide true, accurate, and complete Personal Information (defined below), including, name, physical address, phone numbers, and e-mail addresses, that is collected on the secure enrollment page, and also promptly maintain such information as true, accurate, and complete. We may deny your registration for a User Profile, for any reason and at our sole discretion.
You agree and understand that you are responsible for maintaining the confidentiality of the login information and password for your User Profile (“Credentials”). You should also maintain appropriate anti-virus software on your computer or other device used to access the Platform and the Services, as well as keep the operating system of such computers or devices up-to-date, so that your Credentials are not compromised through your own negligence. If you think your Credentials have been lost, stolen, or otherwise compromised, or that someone has committed fraud by accessing your Credentials, you must contact us IMMEDIATELY at SNClientServices@stifel.com.
The data that you supply to the Platform and the Services, including External Account Data and Stifel Account Data (whether directly by you, which is transferred to the Services through connections with your third-party financial institutions or Stifel or its affiliates, to other users, or otherwise) (collectively, “Your Data”) is your confidential information, and we will process and use it only as permitted in this Agreement.
The overall accuracy and integrity of the data collected in the Platform and the Services is an important element in providing you with an accurate picture of your personal finances. Stifel, however, shall not be responsible for and cannot guarantee the accuracy or timeliness of (i) Your Data, including the External Account Data, Stifel Account Data, or other information retrieved from third-party financial institutions where your accounts are held; or (ii) data available in the Services that is supplied by third-party research/market data providers.
You acknowledge that when you share or disclose any of Your Data, including the External Account Data, Stifel Account Data, or other information retrieved from third-party financial institutions where your accounts are held to other subscribers on the Platform, you do so at your own risk and without Stifel’s control. You should not share Your Data, including the External Account Data, Stifel Account Data, or other information retrieved from third-party financial institutions where your accounts are held with other subscribers on the Platform that you deem to be private or confidential information.
You should at all times maintain copies of Your Data. We have the right to retain any or all of Your Data in connection with the provision of the Services, including for record-keeping purposes, to the extent such data exists in business records or in archived materials, or as may be necessary to comply with any regulatory requirements or other applicable law, and/or to protect and enforce its rights hereunder.
You acknowledge that it cannot be guaranteed that software and technology systems will be free of error or failure. We may not be able to foresee or anticipate technical or other difficulties which may result in any of the following (whether by us, our affiliates, Third-Party Providers that assist us in providing the Services, or any necessary systems, equipment, or network for communications): a failure to obtain data, corruption of data, unauthorized access to Confidential Information (defined below), errors in the Platform, the Services, personalization settings, service failures, or other service interruptions. Stifel assumes no responsibility for the timeliness, accuracy, deletion, non-delivery, or failure to store any user data, loss of user data, communications, or personalization settings. You are encouraged to periodically confirm the data presented by the Services directly with independent sources or providers, such as an investment adviser, broker-dealer, or other financial institutions where you maintain accounts.
You acknowledge that there are risks inherent in maintaining Your Data in a remote server and software network (“cloud-based”) environment, including the risk of hacking or other unauthorized third-party access to Your Data, including your Personal Information (defined below), and exposure to viruses and malware. Stifel and our affiliates shall not be responsible to you for any unauthorized access to Your Data or the unauthorized use of the Services.
Your Data may contain information that identifies a particular individual, such as names and e-mail addresses (collectively, “Personal Information”). For all Personal Information that you supply to the Platform or the Services (whether directly by you, through connections with your third-party financial institutions, Stifel or its affiliates, to other subscribers, or otherwise), you agree that you have sufficient rights under applicable law (including U.S. privacy law and any E.U. Privacy Directives) to transmit, store, copy, use, and transfer into the Platform such Personal Information, and to authorize Stifel and any of its affiliates and Third-Party Providers to process Your Data in connection with the provision of the Services.
You acknowledge that Stifel will collect and create data related to your use of the Platform and the Services, including metadata generated by your activity on the Platform (“Activity Metadata”), as well as aggregated and/or de-identified data that is derived from Your Data and data of or related to other subscribers (including User Profile, Stifel Account Data, External Account Data, and Activity Metadata (such aggregated and anonymized data, “Derived Data”).
We may access, archive, or monitor Activity Data, and we may use tools, scripts, software, cookies, and utilities to monitor and administer the Platform and provide the Services. You also consent to the recording of any electronic or written correspondence and any or all telephone conversations between you, us, and any of our affiliates in connection with this Agreement, the Platform, or the Services and agree and understand that recordings may be submitted in evidence in any legal proceeding relating to this Agreement. For compliance and regulatory purposes, we reserve the right to keep an audit trail of your use of the Platform and the Services and all information that we provided to you. You agree that our monitoring activities shall not entitle you to any cause of action or other right with respect to the manner in which we monitor your usage of the Platform and enforce, or fail to enforce, this Agreement and we shall not be liable for any damages resulting from such monitoring.
You may elect to use Stifel’s Account Sharing Service, which enables you to share certain of Your Data with your designated third-party financial accountants, advisors, or other individuals (each, a “Third-Party Individual”). By using the Account Sharing Service, and authorizing a Third-Party Individual, you consent to allow that Third-Party Individual to access and view certain of Your Data. Upon your authorization, Stifel will provide to such Third-Party Individual a link they can use to access and review certain of Your Data in view-only format. If the Third-Party Individual you designate is also a Stifel client, that Third-Party Individual will have the ability to deposit funds into your Stifel account(s), unless you restrict them from being able to do so by using the controls provided on the Platform. Furthermore, if, at any time, you wish to terminate all access of the Third-Party Individual, you must notify Stifel through the controls provided on the Platform. You acknowledge and agree that when you share or disclose any of your External Account Data and Stifel Account Data with any Third-Party Individual, you do so at your own risk and without Stifel’s control. You acknowledge and agree that Stifel and its affiliates cannot control, and are not responsible and have no liability for, any actions of any Third-Party Individual that you nominate, or how such Third-Party Individual may use or disclose Your Data. We recommend that you exercise extreme caution when sharing any External Account Data and Stifel Account Data with any Third-Party Individual.
We are happy to receive feedback from you, including any complaints, comments, or suggestions related to the Platform and the Services, whether provided in writing or orally (collectively, “Feedback”). You agree that all Feedback becomes our Confidential Information and that you irrevocably assign to us all rights, title, and interest in and to the Feedback. Feedback may be submitted to SNClientServices@stifel.com.
In connection with our provision of the Platform and the Services, we may provide, or you may come to learn of information (nonpublic or otherwise), including business and technical information relating to the Services, the Platform, investment research reports, and other market commentary, all of which is deemed confidential and/or proprietary (“Confidential Information”). During the term of this Agreement and for a period of three (3) years thereafter, you agree not to disclose, reproduce, or otherwise upload, publish, or distribute in any way whatsoever the Confidential Information, except as you may be required or otherwise compelled by operation of law or regulation. Notwithstanding the foregoing, nothing contained in this Agreement prohibits, limits, or restricts you from communicating with any federal or state regulatory agency or body about the Services. If you inadvertently receive information about another person or Platform end user through any Service, you agree to promptly notify us, and to keep such information confidential.
To facilitate our provision of the Platform and the Services, we license Content or Tools from certain third parties. From time to time, we may revise this Agreement as requested by such third parties as licensors and/or require that you agree to additional pass-through terms with respect to such third parties. We make no guarantee as to the accuracy, timeliness, completeness, or usefulness of any Content or Tools from such third parties, and you agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your downloading, installing, use of, or reliance on any data, content, or software provided by/from such third parties, irrespective of whether the data, content, or software provided by these third parties are provided from within the Platform or require you to leave the Platform and enter the website of such third party. Your use of the data, content, or software provided by such third party shall be subject to the terms of use/service and the privacy policy of such third parties. Also, when you use or access the websites of your financial services providers, you will be subject to their terms of use/service and any other policies they may have.
The technology and Content used to offer, or provided in connection with, the Platform, the Services, Feedback, Derived Data, Activity Metadata, browser software plug-in, smart phone software, and tablet software, and all intellectual rights in the foregoing (collectively, “Stifel Property”) are either owned by us or licensed by us from a third party as described in Section 11 above, and nothing in this Agreement shall restrict the applicable owner from sharing or otherwise using Stifel Property for any purpose. Such Content includes the look and feel of the Platform, all our promotional materials, and in general includes all text, information, research, graphs, graphics, photographs, illustrations, images, videos, tutorials, notices, page headers, custom graphics, button icons, scripts, software, and other content, which is protected by the copyright law of the United States and international treaties, trademark and patent laws, and other intellectual property laws.
In connection with your use of the Platform and the Services, we grant you a revocable, non-exclusive, limited, and royalty-free license during the term of this Agreement for you to use (i.e., to download and display locally and print) the Platform and the Services solely for your personal, non-commercial use.
All trademarks and logos appearing on the Platform are either trademarks or registered trademarks that belong to us, the Third-Party Providers, or our licensors. You may not copy, reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any of our Content, information, or the trademarks that appear on the Platform without express, written consent from us.
You do not acquire any ownership interest in any Stifel Property as part of your access to the Platform or the receipt of any the Services, and no license rights (including rights arising by implication or estoppel) are granted to you other than those expressly granted in this Agreement.
By accessing and using the Platform, you hereby grant to us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable, and transferable license to use, edit, modify, truncate, aggregate, reproduce, prepare derivative works of, display, store, analyze, process, adapt, publish, distribute, incorporate, perform, and otherwise fully use Your Data (including User Profile, Stifel Account Data, or External Account Data) into any form, medium, or technology now known or later developed only as necessary to provide the Services and to operate, develop, and maintain the Platform in accordance with this Agreement.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, STIFEL AND OUR AFFILIATES, THIRD-PARTY PROVIDERS, LICENSORS, AND AGENTS (COLLECTIVELY, THE “STIFEL ENTITIES”) MAKE NO, AND HEREBY DISCLAIM ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICES AND THE PLATFORM, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. ALL SERVICES ARE PERFORMED AND THE PLATFORM ARE PROVIDED ON AN “AS-IS, AS-AVAILABLE” BASIS, AND THE STIFEL ENTITIES ASSUME NO RESPONSIBILITY FOR ERRORS OR OMISSIONS MADE BY YOU, OR ERRORS OR OMISSIONS IN THE CONTENT WHICH ARE REFERENCED BY, LINKED TO, OR PROVIDED BY OR THROUGH THE SERVICES AND/OR THE PLATFORM. YOUR USE OF THE PLATFORM AND THE SERVICES AND ALL CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE THEREIN IS AT YOUR SOLE RISK. THIS PARAGRAPH GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE STIFEL ENTITIES SHALL NOT BE LIABLE FOR THE ACCURACY OR RELIABILITY OF ANY CONTENT, FOR ANY SERVICES INTERRUPTIONS, INTERNET OR TELECOMMUNICATIONS FAILURE, OR YOUR INABILITY TO ACCESS THE SERVICES OR THE PLATFORM OR FOR ANY FAILURE OR DELAY RESULTING FROM ANY FORCE MAJEURE EVENT (DEFINED BELOW). STIFEL AND THE STIFEL ENTITIES CANNOT ALWAYS ANTICIPATE TECHNICAL OR OTHER DIFFICULTIES WITH THE SERVICES, EITHER PRESENTLY OR AS THEY EVOLVE; THE PLATFORM AND THE SERVICES MAY CONTAIN BUGS, ERRORS, OR OTHER PROBLEMS, WHICH MAY RESULT IN LOSS OF DATA OR SETTINGS. THE STIFEL ENTITIES DO NOT GUARANTEE THE COMPLETE SECURITY OF THE PLATFORM AND THE SERVICES; THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; OR THAT ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED. YOU AGREE THAT ANY DOWNLOADS OF CONTENT OR MATERIALS RELATED TO THE PLATFORM, THE SERVICES, OR THE WEBSITE IS DONE AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER/SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF OR ACCESS TO ANY SUCH MATERIALS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES AS DESCRIBED IN SECTION 14; ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
NO STIFEL ENTITY SHALL BE RESPONSIBLE FOR INVESTMENT AND OTHER FINANCIAL DECISIONS, DAMAGES, OR OTHER LOSSES RESULTING FROM USE OF THE SERVICES, AND NO STIFEL ENTITY SHALL BE CONSIDERED AN “EXPERT” UNDER THE SECURITIES ACT OF 1933. NO STIFEL WEALTH TRACKER ENTITY WARRANTS THAT ANY OF THE SERVICES PROVIDED UNDER THIS AGREEMENT COMPLIES WITH THE REQUIREMENTS OF THE FINANCIAL INDUSTRY REGULATORY AUTHORITY, THE SECURITIES AND EXCHANGE COMMISSION, OR ANY SIMILAR ORGANIZATION OR REGULATOR OR WITH THE SECURITIES LAWS OF ANY JURISDICTION. USE OF THE SERVICES DOES NOT CREATE AN ADVISER/CLIENT OR OTHER FIDUCIARY RELATIONSHIP WITH YOU.
IN NO EVENT SHALL ANY STIFEL ENTITY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT, INCLUDING ANY DAMAGES FOR LOST PROFITS, LOST OPPORTUNITY, LOSS OF DATA, LOSS OF GOODWILL, LOSS OF USE, OR OTHER ECONOMIC ADVANTAGE OR OTHER INTANGIBLE OR SPECULATIVE LOSSES, WHETHER OR NOT THE LOSS IS THE RESULT OF MALFUNCTION OF THE SERVICES AND/OR THE PLATFORM, OR THE COST OF SUBSTITUTE GOODS OR SERVICES; ANY PRODUCTS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH, OR FROM THE SERVICES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, STATEMENTS, OR CONDUCT OF ANYONE RELATED TO THE SERVICES; THE PERFORMANCE OR NON-PERFORMANCE OF ANY WEBSITE OF ANY THIRD PARTY THAT PROVIDES YOUR EXTERNAL ACCOUNT DATA, IN EACH CASE WHETHER OR NOT SUCH STIFEL ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ANY STIFEL ENTITY HAVE ANY LIABILITY OF ANY KIND OR NATURE TO YOU OR ANY THIRD PARTY THAT (I) ARISES FROM OR IS RELATED TO ANY EQUIPMENT, SOFTWARE, FACILITIES, SERVICES, INFORMATION, MATERIALS, OR INFRASTRUCTURE PROVIDED BY YOU OR ANY THIRD PARTY AND NOT FURNISHED BY THE STIFEL ENTITIES OR (II) RESULTS FROM IMPROPER OR NEGLIGENT USE OR OPERATION BY YOU OF THE PLATFORM OR OTHER SERVICES OR WHICH IS IN VIOLATION OF THIS AGREEMENT. WITHOUT LIMITATION OF THE FOREGOING, IN NO EVENT SHALL THE LIABILITY IN CONNECTION WITH THIS AGREEMENT OF ANY STIFEL ENTITY TO YOU OR ANY THIRD PARTY EXCEED TEN U.S. DOLLARS ($10), REGARDLESS OF THE FORM OF ACTION. IT IS FURTHER UNDERSTOOD THAT CERTAIN APPLICABLE LAWS, INCLUDING THE U.S INVESTMENT ADVISERS ACT OF 1940 (THE “ADVISERS ACT”) AND 12 CFR PART 1005 - ELECTRONIC FUND TRANSFERS (“REGULATION E”), MAY IMPOSE LIABILITY OR ALLOW FOR LEGAL REMEDIES EVEN WHERE WE HAVE ACTED IN GOOD FAITH AND THAT THE RIGHTS UNDER THOSE LAWS MAY BE NON-WAIVABLE. SOME JURISDICTIONS DO NOT PERMIT THE LIMITATION OR EXCLUSION OF CERTAIN CATEGORIES OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
This Agreement and your access to the Platform will continue to apply until terminated by either you or us as set out below, or immediately upon the closure of your Stifel Account(s). If you want to terminate your access to the Platform, you must close your User Profile following the process described below.
Send an e-mail to SNClientServices@stifel.com from the e-mail address associated with your User Profile, indicating “CANCEL” in the subject line of the message. After confirming you are the User Profile owner, we will close your User Profile and your Stifel Account Data and External Account Data will no longer be accessible to you on the Platform. We have no obligation to maintain such information or make it available to you after termination.
We reserve the right to terminate your access to the Platform or our legal agreement with you for any reason or no reason, in our sole and absolute discretion, by providing notice of such termination to you. The termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination and upon termination of this Agreement: (i) all rights granted to you to your access to the Platform and use of the Services shall immediately cease, and (ii) Sections 7(c), 8, 10, 12-17, and 19-22 shall survive termination of this Agreement.
You (including your principals, agents, beneficiaries, successors, heirs, and assigns), agree that all claims or controversies between you and Stifel and/or any of Stifel’s present or former agents, employees, officers, and directors, whether such claims or controversies arose prior, on, or subsequent to the date hereof, concerning or arising from the construction, performance, or breach of this Agreement or any other agreement between you and Stifel or an affiliate must be resolved exclusively by binding arbitration pursuant to the terms described in Section 40 of the Stifel Account Agreement and Disclosure Booklet.
All notices, requests, approvals, and other communications regarding the Platform, the Services, and other offerings under this Agreement shall be in writing and will be deemed to have been duly given with respect to this Agreement when posted on the Platform; when sent via e-mail to any e-mail address associated with your User Profile; by sending you an in-product message within the Platform or the Services; mailing it to any postal address that you have provided us; and/or by sending it as a text message to any mobile phone number that you have provided us, including to the mobile phone number that you have listed in any Service setup or customer profile. All notices by any of these methods shall be deemed received by you no later than twenty-four (24) hours after they are sent or posted, except for notice by postal mail, which shall be deemed received by you no later than three (3) Business Days after it is mailed. You may request a paper copy of any legally required disclosures, and you may terminate your consent to receive required disclosures through electronic communications by contacting us at SNClientServices@stifel.com. Communications regarding the Platform or the Services may involve the electronic transmission of information to any e-mail address associated with your User Profile, and you agree and consent to such electronic transmission of such information.
We may revise this Agreement at any time, and therefore, we recommend that you check this Agreement as posted on the Platform from time to time. If we modify this Agreement, we will notify you (in a manner consistent with Section 17 above) and post or provide a link to the amended Agreement on the Platform or otherwise on our website, and such changes will be effective at such time, and that such notice constitutes adequate notice. By logging into the Platform and/or using the Services, after such amendment, you are agreeing to the Agreement terms as amended.
You agree to indemnify, defend, and hold us and any Stifel Entity and all of their respective officers, directors, employees, agents, information providers, and licensors harmless from and against any and all third-party claims, losses, claims, proceedings, demands, damages, liabilities, penalties, interest, and expenses (including, attorneys’ and other professional advisors’ fees and costs) incurred by any of these parties that arise out of or are caused by: (i) your use of the Services and/or the Platform; (ii) your violation of this Agreement; (iii) your negligence or willful misconduct in connection with this Agreement or your access of the Platform or use of the Services; or (iv) your violation of the rights of a third party, including the infringement by you of any intellectual property rights, or violation by any user of your Credentials or User Profile.
In the event that there are third-party claims against you for which you properly seek damages from us under this Agreement, or we are subject to any claim for which we have the right to be indemnified by you, we reserve the right, at our expense in the case of claims by third parties against you and at your expense in the case of claims for which we have the right to be indemnified by you, to assume the exclusive defense and control of any such claim, and you agree that in any event no such claim can be settled without our written consent.
Disclaimers:
You Are Not Receiving Investment Advice and Your Acknowledgement of Investment Risks. By using the Platform and the Services, you understand and acknowledge that the Platform and the Services are not intended to provide financial advice and that Stifel does not guarantee any investment results. All information displayed by the Platform and the Services, including all financial and market commentary, stock, bond, fund, or other securities research, is for convenience and general information purposes only and not intended to be relied upon as investment advice. All investments entail a risk of loss, and you may lose money. You also understand that all investments are subject to various market, currency, economic, political, business, and other risks. Investments, particularly those in international stocks and stocks of smaller companies, present numerous risks, can be very volatile, and can result in a loss of principal. International investments include risks of currency fluctuation, political and economic instability, and differences in financial reporting in addition to the risks present in domestic investments. Investments in smaller companies may involve greater risks than investments in larger, more mature companies. The value of debt securities frequently is reduced (sometimes dramatically) by increases in interest rates. While the financial insights we provide may assist in helping you understand your finances, you should consult with a professional investment adviser before making investment decisions or deciding on changes to your personal financial strategy. You should not engage in any financial transactions based on the information provided or presented to you by the Platform and the Services. Neither Stifel, nor any of its Third-Party Providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of any financial or other information provided through the Platform and the Services.
No Offer or Solicitation. You acknowledge and agree that the Platform and the Services do not constitute an offer (or solicitation of an offer) to buy or sell securities, commodities, currencies, financial instruments, or contracts for the exchange of value, services, or risk.
Not a Legal or Tax Advisor. Neither we nor the Platform nor the Services give, offer, or render tax or legal advice. Before making financial or investment decisions, we recommend that you contact an investment adviser, or tax or legal professional.
Stifel and Third-Party Offers. Some parts of the Platform and the Services may, either today or in the future, be supported by advertising or marketing partnership relationships.
Financial Advisory Services by Stifel. The Services are a tool made available for use by you, and are not intended to be, nor shall they be construed as, investment advisory services. This Agreement applies only to your use of the Platform and the Services and does not apply to any trades executed in your account with Stifel, nor does it apply to any investment advice or recommendations provided by any Stifel personnel. Any advisory and brokerage services provided by Stifel are governed by your Stifel Account Agreement and Disclosure Booklet.
With respect to the Platform and the Services provided through a web or mobile app (an “App”), we grant you during the term of this Agreement a limited, terminable, non-exclusive license to download and install a single copy of the App solely on your own computer or mobile device, for use solely to connect to and use the Services as permitted under this Agreement. This license is not transferable to any third party. On termination of this Agreement for any reason, including in the event you close your User Profile, you will delete any downloaded or installed copies of the App.
You acknowledge that this Agreement is between Stifel and you, and not with the owner or operator of any app store through which the App is distributed (the “App Store Provider”). In addition to the terms of this Agreement, your use of the App, the Platform, and any Services provided through the App will be subject to the terms of any user agreement associated with the app store or other venue through which you downloaded or obtained the App.
Without limiting Section(s) 13 and 14 above: (a) Stifel is solely responsible for providing any maintenance and support services with respect to the Platform as provided in this Agreement or under applicable law, and the App Store Provider has no obligation whatsoever to furnish any maintenance and support services with respect to the App, Platform, or the associated Services; (b) the App Store Provider is not responsible for any product warranties for the App, the Platform, or the Services (to the maximum extent permitted by applicable law, the App Store Provider will have no other warranty obligation whatsoever with respect to the App or the Services, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Stifel’s sole responsibility); and (c) Stifel, and not the App Store Provider, is responsible for addressing any claims by you or any third party relating to the App and the Services.
Stifel and you acknowledge and agree that the App Store Provider is a third-party beneficiary of the provision of this Section 21 and other provisions of this Agreement applicable to the App Store Provider hereunder, and upon your acceptance of the terms and conditions of this Agreement, the App Store Provider will have the right (and will be deemed to have accepted the right) to enforce such provisions of this Agreement against you as a third-party beneficiary thereof.
This Agreement, the Platform, and any Services provided hereunder will be governed exclusively by the laws applicable in the State of Missouri, excluding its provisions on conflicts or choice of law, provided that nothing herein shall be construed in a manner inconsistent with the Advisers Act.
Neither any Stifel Entity nor Subscriber shall be responsible for, nor be in default under this Agreement due to any delays or failure of performance (except payment obligations) resulting from acts or causes beyond its reasonable control, including acts of God, acts of war, acts of terror, civil unrest, strikes or other labor problems, power failures, floods, earthquakes, other natural disasters, denial-of-service attacks, or other similar events, including any such event that impacts Subscriber or any Stifel Entity (each, a “Force Majeure Event”).
We do not waive our rights by delaying or failing to exercise them at any time. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, state, or federal, the validity or enforceability of any other provision of this Agreement shall not be affected.
Section headings in this Agreement are for convenience of reference only, and shall not govern the interpretation of any provision of this Agreement. The use of the term “including” means “including, without limitation” throughout this Agreement.
In the event that any of the terms of this Agreement are determined invalid, unlawful, or unenforceable to any extent, such term shall be construed to the maximum extent enforceable in accordance with the intent of the parties, and the remaining terms shall continue to be valid to the fullest extent permitted by law.
This Agreement, including, the licenses granted by us, is personal to you, and is not assignable, transferable, or sub-licensable in whole or part by you except with our prior written consent.
The Agreement, including the separate Privacy Statement, the Annexes, and any other documents referred to herein, represents the entire understanding between both you and us regarding the Platform and the Services (as defined herein) and the subject matter hereof and supersedes any prior statements or representations. In the event of a conflict between the terms of this Agreement and the terms of an Annex, exhibit, amendment, schedule, addendum, or disclosure, the terms of the Annex, exhibit, amendment, schedule, addendum, or disclosure shall prevail, but solely as to the subject matter herein. In the event of a conflict between the terms of this Agreement with any other agreements related to any Stifel Account Data, or other agreements include terms that are not addressed in this Agreement, then the other agreements will control and take precedence, unless this Agreement specifically states otherwise. The other agreements will only control to the extent necessary to resolve the conflict or inconsistency. For the avoidance of doubt, additional provisions of other agreements regarding the Stifel Account Data that do not appear in this Agreement will continue to apply.
Last updated January 2020
This Electronic Delivery Annex (this “Annex”) is part of and subject to the Agreement, and sets forth those terms applicable solely to the electronic delivery service (the “e-Delivery Service”). In the event of any conflict between the terms of this Annex and the body of the Agreement, the terms of this Annex apply solely with respect to the e-Delivery Service. Capitalized terms not defined in this Annex have the meaning specified in the Agreement. This Annex is applicable to you if and to the extent you receive and use the e-Delivery Service.
Stifel is required to provide certain records and disclosures to you about our relationship and transactions in your Stifel accounts “in writing,” and you are entitled to receive these documents in paper form. Stifel’s e-Delivery Service offers you the option to receive most account, investment, services, and product-related documentation (collectively, “Stifel Communications”) electronically, rather than via paper mail delivery. If you register for e-Delivery Service, instead of mailing paper documents to you, Stifel will provide you with notice of and access to Stifel Communications via an e-mail sent to an address that you provide.
Stifel Communications that are available for e-Delivery Service are grouped into broad categories that you may choose from within the Platform. Categories of Stifel Communications that are or will be available for the e-Delivery Service include, but are not limited to:
Each category of Stifel Communications, and any future categories, shall be established and maintained at Stifel’s sole discretion and includes all documentation that Stifel alone determines is eligible for the e-Delivery Service. When you register for the e-Delivery Service, you consent to the electronic delivery of all eligible documents of a selected category.
Notwithstanding your registration for the e-Delivery Service, Stifel may send paper copies of certain Stifel Communications if they are not available in electronic form, or as required by law, regulation, or otherwise at Stifel’s sole discretion.
Your registration for the e-Delivery Service for selected Stifel Communications serves as your informed consent for Stifel to begin e-Delivery and to cease paper delivery of those communications. Stifel Communications sent via the e-Delivery Service fully satisfies any requirement that such communications be provided “in writing.”
By registering for the e-Delivery Service, you are confirming that you have provided Stifel with a valid e-mail address and have and will maintain reliable access to the internet and the ability to open, save, download, and print documents in Portable Document Format (“PDF”). PDF documents require the use of Adobe Acrobat Reader software, which is available as a free download at www.adobe.com. You understand that it is your responsibility to both keep your e-mail address current and to monitor it for Stifel Communications.
As part of the registration process for the e-Delivery Service, you must select each category of Stifel Communication that you wish to receive electronically. To access, download, or print any Stifel Communication, you must log in to the Platform. Subject to applicable rules and regulations (including Stifel’s document retention policies), you may request a paper copy of a Stifel Communication that was previously delivered through the e-Delivery Service. We may charge you a reasonable fee for the delivery of such paper copies. Fee Schedule:
https://www.stifel.com/docs/pdf/disclosures/erisa/Fee-Schedule-And-Order-Execution.pdf.
To request paper copies, ask questions, or report problems about any Stifel Communications, you may contact us at: SNClientServices@stifel.com.
You may withdraw your consent to receive Stifel Communications through the e-Delivery Service at any time by deselecting any previously selected categories of Stifel Communication in the e-Delivery Service settings portion of the Platform. When you change your preference back to postal mail delivery, this cancels your enrollment in the e-Delivery Service for any selected categories of Stifel Communications. Stifel shall process your selections and any changes in a reasonable time frame, which may require a print cycle or completion of an internal reconciliation process to complete before any changes become effective.
Stifel delivers a Stifel Communication to you by sending an e-mail to let you know it is available. For certain documents, the e-mail itself will be the Stifel Communication. For all other documents, the e-mail will contain a link to a website where you can access the document, usually after you log in to the Platform.
Unless expressly stated, e-mail notifications for Stifel Communications are not encrypted. For security and confidentiality, unencrypted e-mails will not include your name, full account number, or any other personal identifier. Be aware, however, that some e-mail addresses may use part or all of your name. If you use a work e-mail address, your employer or other employees may have access to your e-mail. To help you identify your Stifel account, we may include some portion, but not all, of your account number.
Stifel reserves the right, in Stifel’s sole determination, to revert your e-Delivery settings to postal mail delivery after any unsuccessful electronic delivery attempts of your Stifel Communications. This will cancel your enrollment in the e-Delivery Service. It is your responsibility to notify Stifel through the controls provided on the Platform of any change in your e-mail address associated with the Platform.
Last updated December 6, 2023
This Bill Payment Annex (this “Annex”) is part of and subject to the Agreement, and sets forth those terms applicable solely to the bill payment service (the “Bill Payment Service”). In the event of any conflict between the terms of this Annex and the body of the Agreement, the terms of this Annex apply solely with respect to the Bill Payment Service. Capitalized terms not defined in this Annex have the meaning specified in the Agreement. This Annex is applicable to you if and to the extent you receive and use the Bill Payment Service.
The Bill Payment Service enables you to receive, view, and pay bills from the Platform
The Bill Payment Service utilizes Third-Party Providers that we have engaged to render some or all of the Bill Payment Service to you on our behalf. For Stifel, Nicolaus & Company, Incorporated Eligible Transaction Accounts (“SN&C Accounts”) specifically, the Bill Payment Service is offered through Stifel Bank. Notwithstanding that we have engaged such Third-Party Providers to render some or all of the Bill Payment Service to you, we are the sole party liable to you for any payments or transfers conducted through the Bill Payment Service, and we are solely responsible to you and any third party to the extent any liability attaches in connection with the Bill Payment Service. You agree that we have the right under this Agreement to delegate to Third-Party Providers all of the rights and performance obligations that we have under this Agreement, and that the Third-Party Providers will be third-party beneficiaries of this Agreement and will be entitled to all the rights and protections that this Agreement provides to us.
We reserve the right to terminate your use of the Bill Payment Service if you withdraw your consent to receive electronic communications.
The following types of payments are prohibited through the Bill Payment Service, and we have the right but not the obligation to monitor for, block, cancel, and/or reverse such payments:
Except as required by applicable law, in no event shall we or our Third-Party Providers be liable for any claims or damages resulting from your scheduling of prohibited payments. We encourage you to provide notice to us by the methods described in Section 11 (Errors, Questions, and Complaints) of any violations of this Annex or the Agreement generally.
There are limits on the amount of money you can send or receive through our Bill Payment Service. Your limits may be adjusted from time-to-time in our sole discretion. For certain Bill Payment Services, you may have the ability to log in to the Platform to view your individual transaction limits. We or our Third-Party Providers also reserve the right to select the method in which to remit funds on your behalf though the Bill Payment Service and, in the event that your Eligible Transaction Account is closed or otherwise unavailable to us, the method to return funds to you. These payment methods may include, but may not be limited to, an electronic debit, a paper check drawn on the account of a Third-Party Provider, or draft check drawn against your account.
Immediately following your discovery of an unauthorized Payment Instruction, you shall communicate with customer care for the Bill Payment Service in the manner set forth in Section 11 (Errors, Questions, and Complaints). You acknowledge and agree that time is of the essence in such situations. If you tell us within two (2) Business Days after you discover your password or other means to access your account through which you access the Bill Payment Service has been lost or stolen, your liability is no more than $50.00 should someone access your account without your permission. If you do not tell us within two (2) Business Days after you learn of such loss or theft, and we can prove that we could have prevented the unauthorized use of your password or other means to access your account if you had told us, you could be liable for as much as $500.00. If your monthly financial institution statement contains payments that you did not authorize, you must tell us at once. If you do not tell us within sixty (60) days after the statement was sent to you, you may lose any amount transferred without your authorization after the sixty (60) days if we can prove that we could have stopped someone from taking the money had you told us in time. If a good reason (such as a long trip or a hospital stay) prevented you from telling us, we may in our sole discretion extend the period.
It is your responsibility to determine what, if any, taxes apply to the transactions you make or receive, and it is your responsibility to collect, report, and remit the correct tax to the appropriate tax authority. We are not responsible for determining whether taxes apply to your transaction, or for collecting, reporting, or remitting any taxes arising from any transaction.
In using the Bill Payment Service, you are requesting that we or our Third-Party Providers attempt to make payments for you from your Eligible Transaction Account. If the Payment Instruction cannot be completed for any reason associated with your Eligible Transaction Account (for example, there are insufficient funds in your Eligible Transaction Account, or the Payment Instruction would exceed the credit or overdraft protection limit of your Eligible Transaction Account, to cover the payment), the Payment Instruction may or may not be completed. In certain circumstances, our Third-Party Providers may either advance funds drawn on their corporate account or via an electronic debit, and in such circumstances will attempt to debit the Eligible Transaction Account a second time to complete the Payment Instruction. In some instances, you will receive a return notice from us or our Third-Party Providers. In each such case, you agree that:
We are not responsible for any error or fees, including payment processing errors or fees incurred, if you do not provide accurate Eligible Transaction Account, Payment Instructions, or contact information.
Your enrollment in the applicable Bill Payment Service may not be fulfilled if we cannot verify your identity or other necessary information. Through your enrollment in or use of each Bill Payment Service, you agree that we reserve the right to request a review of your credit rating at our own expense through an authorized bureau. In addition, and in accordance with our Privacy Policy, you agree that we reserve the right to obtain personal information about you, including financial information and transaction history regarding your Eligible Transaction Account. You further understand and agree that we reserve the right to use personal information about you for our and our Third-Party Providers’ everyday business purposes, such as to maintain your ability to access the Bill Payment Service, to authenticate you when you log in, to send you information about the Bill Payment Service, to perform fraud screening, to verify your identity, to determine your transaction limits, to perform collections, to comply with laws, regulations, court orders, and lawful instructions from government agencies, to protect the personal safety of subscribers or the public, to defend claims, to resolve disputes, to troubleshoot problems, to enforce this Agreement, to protect our rights and property, and to customize, measure, and improve the Bill Payment Service and the content and layout of the Site. Additionally, we and our Third-Party Providers may use your information for risk management purposes and may use, store, and disclose your information acquired in connection with this Agreement as permitted by law, including (without limitation) any use to effect, administer, or enforce a transaction or to protect against or prevent actual or potential fraud, unauthorized transactions, claims, or other liability. We and our Third-Party Providers shall have the right to retain such data even after termination or expiration of this Agreement for risk management, regulatory compliance, or audit reasons, and as permitted by applicable law for everyday business purposes. In addition, we and our Third-Party Providers may use, store, and disclose such information acquired in connection with the Bill Payment Service in statistical form for pattern recognition, modeling, enhancement and improvement, system analysis, and to analyze the performance of the Bill Payment Service. The following provisions in this Section apply to certain Bill Payment Services:
If you wish to cancel the Bill Payment Service, you may contact us as set forth in Section 11 (Errors, Questions, and Complaints). Any payment(s) that have begun processing before the requested cancellation date will be processed by us. You agree that we may terminate or suspend your use of the Bill Payment Service at any time and for any reason or no reason. Neither termination, cancellation, nor suspension shall affect your liability or obligations under this Agreement.
If you think your periodic statement for your account is incorrect or you need more information about a transaction listed in the periodic statement for your account, we must hear from you no later than sixty (60) days after we send you the applicable periodic statement for your account that identifies the error. You must:
The earliest possible Scheduled Payment Date for each Biller will be designated within the portion of the Platform through which the Bill Payment Service is offered when you are scheduling the payment. Therefore, the Bill Payment Service will not permit you to select a Scheduled Payment Date less than the earliest possible Scheduled Payment Date designated for each Biller. When scheduling payments, you must select a Scheduled Payment Date that is no later than the actual Due Date reflected on your Biller statement unless the Due Date falls on a non-Business Day. If the actual Due Date falls on a non-Business Day, you must select a Scheduled Payment Date that is at least one (1) Business Day before the actual Due Date. Scheduled Payment Dates must be prior to any late date or grace period. Depending on the method of payment, your Eligible Transaction Account may be debited prior to the Scheduled Payment Date. For example, if the selected method of payment is a draft check drawn on your account, the draft check arrives earlier than the Scheduled Payment Date due to expedited delivery by the postal service, and the Biller immediately deposits the draft check, your Eligible Transaction Account may be debited earlier than the Scheduled Payment Date.
Due to circumstances beyond the control of the Bill Payment Service, particularly delays in handling and posting payments by Billers or financial institutions, some transactions may take longer to be credited to your account. Accordingly, we recommend that all Scheduled Payment Dates be at least seven (7) to ten (10) Business Days prior to the Due Date. If you follow the procedures described herein, including but not limited to Section 12 of this Annex, and schedule your payments for payment at least seven (7) to ten (10) Business Days prior to the Due Date of the bill, and we fail to process the payment on the Scheduled Payment Date, we will be responsible for up to $50.00 in late charges. In all other circumstances, you will be responsible for all late charges and penalties.
By providing the Bill Payment Service with names and account information of Billers to whom you wish to direct payments, you authorize the Bill Payment Service to follow the Payment Instructions that it receives through the Platform. In order to process payments more efficiently and effectively, the Bill Payment Service may edit or alter payment data or data formats in accordance with Biller directives.
When the Bill Payment Service receives a Payment Instruction, you authorize the Bill Payment Service to debit your Eligible Transaction Account and remit funds on your behalf so that the funds arrive as close as reasonably possible to the Scheduled Payment Date designated by you. You also authorize the Bill Payment Service to credit your Eligible Transaction Account for payments returned to the Bill Payment Service by the United States Postal Service or Biller, or payments remitted to you on behalf of another authorized user of the Bill Payment Service.
The Bill Payment Service will attempt to make all your payments properly. However, the Bill Payment Service shall incur no liability and any Service Guarantee (as described in Section 13 of this Annex) shall be void if the Bill Payment Service is unable to complete any payments initiated by you because of the existence of any one or more of the following circumstances:
Provided none of the foregoing exceptions are applicable, if the Bill Payment Service causes an incorrect amount of funds to be removed from your Eligible Transaction Account or causes funds from your Eligible Transaction Account to be directed to a Biller which does not comply with your Payment Instructions, the Bill Payment Service shall be responsible for returning the improperly transferred funds to your Eligible Transaction Account, and for directing to the proper Biller any previously misdirected transactions, and, if applicable, for any late payment related charges.
You may cancel or edit any Scheduled Payment (including recurring payments) by following the directions within the portion of the Platform through which the Bill Payment Service is offered. There is no charge for canceling or editing a Scheduled Payment. Once the Bill Payment Service has begun processing a payment it cannot be cancelled or edited, therefore, a stop payment request must be submitted.
The Bill Payment Service's ability to process a stop payment request will depend on the payment method and whether or not a check has cleared. The Bill Payment Service may also not have a reasonable opportunity to act on any stop payment request after a payment has been processed. If you desire to stop any payment that has already been processed, you must contact customer care for the Bill Payment Service in the manner set forth in Section 11 of this Annex. Although the Bill Payment Service will attempt to accommodate your request, the Bill Payment Service will have no liability for failing to do so. The Bill Payment Service may also require you to present your request in writing within fourteen (14) days. The charge for each stop payment request will be the current charge for such service as set out in the applicable fee schedule.
Exception Payments may be scheduled through the Bill Payment Service; however, Exception Payments are strongly discouraged, and any such scheduled payments shall be at your own risk. Except as required by applicable law, in no event shall the Bill Payment Service be liable for any claims or damages resulting from your scheduling of Exception Payments. The Service Guarantee (as described in Section 13 of this Annex) does not apply to Exception Payments.
The Bill Payment Service includes a feature that electronically presents you with electronic bills from select Billers. Electronic bills may not be available from all of your Billers. Electronic bills are provided as a convenience only, and you remain solely responsible for contacting your Billers directly if you do not receive their statements. In addition, if you elect to activate one of the Bill Payment Service's electronic bill options, you also agree to the following:
This Annex does not alter your liability or obligations that currently exist between you and your Billers.
It is our general policy to treat your account information as confidential. However, we will disclose information to third parties about your account or the transactions you make in the following situations pursuant to our Privacy Policy (as further described in our Privacy Policy), in addition to the circumstances set forth in Section 9 of this Annex:
You are responsible for paying all fees associated with your use of the Bill Payment Service. Applicable fees will be disclosed in the user interface for, or elsewhere within, the Bill Payment Service or Platform. Any applicable fees will be charged regardless of whether the Bill Payment Service was used, except for fees that are specifically use-based. Use-based fees for the Bill Payment Service will be charged against the Billing Account. There may be a charge for additional transactions and other optional services. You agree to pay such charges and authorize the Bill Payment Service to deduct the calculated amount from your designated Billing Account. Any of our other fees associated with your accounts will continue to apply. You are responsible for any and all telephone access fees and Internet service fees that may be assessed by your telephone and Internet service provider. Section 7 of this Annex applies if you do not pay our fees and charges for the Bill Payment Service, including if we debit the Billing Account for such fees, as described in this Section, and there are insufficient fees in the Billing Account.
The Bill Payment Service reserves the right to refuse to pay any Biller to whom you may direct a payment. As required by applicable law, the Bill Payment Service will notify you promptly if it decides to refuse to pay a Biller designated by you as set forth in Section 3 of this Annex or an Exception Payment under this Annex.
Neither us nor any of our Third-Party Providers have control of, or shall have any liability for, any products or services that are paid for with the Bill Payment Service. We also do not guarantee the identity of any user of the Bill Payment Service (including but not limited to recipients to whom you send payments).
In using the Bill Payment Service, you understand that Billers and/or the United States Postal Service may return payments to the Service for various reasons, including Biller's forwarding address expired; Biller account number is not valid; Biller is unable to locate account; or Biller account is paid in full. The Bill Payment Service will attempt to research and correct the returned payment and return it to your Biller, or void the payment and credit your Eligible Transaction Account. You may receive notification from the Bill Payment Service.
In addition to Section 9 of this Annex, you agree that the Bill Payment Service reserves the right to obtain financial information regarding your account from a Biller or your financial institution (for example, to resolve payment posting problems or for verification).
By providing us with a telephone number (including a wireless/cellular, mobile telephone number, and/or email address), you consent to receiving calls from us and our Third-Party Providers at that number, INCLUDING THOSE MADE BY USE OF AN AUTOMATIC TELEPHONE DIALING SYSTEM ("ATDS"), and/or e-mails from us for our everyday business purposes (including identity verification). You acknowledge and agree that such telephone calls include, but are not limited to, live telephone calls, prerecorded or artificial voice message calls, text messages, and calls made by an ATDS from us or our affiliates and agents.
You may view your transaction history by logging into the Bill Payment Service and looking at your transaction history. You agree to review your transactions by this method instead of receiving receipts by mail.
Links and Frames. Links to other sites may be provided on the portion of the Platform through which the Bill Payment Service is offered for your convenience. By providing these links, we are not endorsing, sponsoring, or recommending such sites or the materials disseminated by or services provided by them, and are not responsible for the materials, services, or other situations at or related to or from any other site, and make no representations concerning the content of sites listed in any of the Bill Payment Service web pages. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in sites listed in any search results or otherwise linked to the Platform. For example, if you “click” on a banner advertisement or a search result, your “click” may take you off the Platform. This may include links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding agreement. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers on the Platform may send cookies to users that we do not control. You may link to the home page of our Platform. However, you may not link to other pages of our Platform without our express written permission. You also may not "frame" material on our Platform without our express written permission. We reserve the right to disable links from any third-party sites to the Platform.
Release. You release us and our Affiliates and Third-Party Providers, and the employees and contractors of each of these, from any and all claims, demands, and damages (actual and consequential) of every kind and nature arising out of or in any way connected with any dispute that may arise between you or one or more other users of the Platform or applicable Service. In addition, if applicable to you, you waive California Civil Code §1542, which states that a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if not known by him must have materially affected his settlement with the debtor.
The following Bill Discovery terms and conditions in this Section (Bill Discovery) only apply to Bill Discovery (as defined below). If Bill Discovery is not available to you from our Platform, then this Section (Bill Discovery) does not apply.
The bill discovery feature (“Bill Discovery”) enables the automatic searching, identification, and retrieval of information about your Billers and bills based on matching information about your identity. In order to enable Bill Discovery, you will need to authorize the Bill Payment Service to access and use information from your consumer report from a credit bureau and/or our Biller network in order for Bill Discovery to identify potential matches. By providing your consent within the Bill Discovery portion of the Platform, you authorize the Bill Payment Service to access and use such information until you withdraw your consent. You may withdraw your consent within the Bill Discovery portion of the Platform at any time. If Bill Discovery has identified Biller matches, the Bill Payment Service will allow you to add these Billers to your user profile. New Billers added through Bill Discovery are subject to Section 18 (Bill Delivery and Presentment) of this Annex.
“ACH Network” means the funds transfer system, governed by the NACHA Rules that provide funds transfer services to participating financial institutions.
“Affiliates” means companies related by common ownership or control.
“Biller” means the person or entity to which you wish a bill payment to be directed or is the person or entity from which you receive electronic bills, as the case may be.
“Billing Account” means the checking account from which all Bill Payment Service fees will be automatically debited.
“Due Date” means the date reflected on your Biller statement for which the payment is due, not the late payment date or the date beginning or a date during any grace period.
“Eligible Transaction Account” means a transaction account from which your payments will be debited, your Bill Payment Service fees, if any, will be automatically debited, or to which payments and credits to you will be credited, that is eligible for the Bill Payment Service. Depending on the Bill Payment Service, an Eligible Transaction Account may include a checking, money market or other direct deposit account, credit card account, or debit card account, including any required routing information, except that it shall be limited to an account that you hold with us, and from which bill payments will be debited.
“Exception Payments” means payments to deposit accounts or brokerage accounts, payments to settle securities transactions (including, without limitation, stocks, bonds, securities, futures (forex), options, or an investment interest in any entity or property).
“Payment Instruction” means the information provided to the Bill Payment Service for a payment to be made to a Biller (such as, but not limited to, Biller name, Biller account number, and Scheduled Payment Date).
“Payment Network” means a debit or credit network (such as the ACH Network or ACCEL/Exchange payment network) through which funds may be transferred.
“Scheduled Payment” means a payment that has been scheduled through the Bill Payment Service but has not begun processing.
“Scheduled Payment Date” means the day you want your Biller to receive your bill payment, unless the Scheduled Payment Date falls on a non-Business Day, in which case it will be considered to be the previous Business Day.
Last updated November 2020
This Remote Deposit Capture Annex (this “Annex”) is part of and subject to the Agreement, and sets forth those terms applicable solely to the remote deposit capture service (the “Remote Deposit Capture Service”). In the event of any conflict between the terms of this Annex and the body of the Agreement, the terms of this Annex apply solely with respect to the Remote Deposit Capture Service. Capitalized terms not defined in this Annex have the meaning specified in the Agreement. This Annex is applicable to you if and to the extent you receive and use the Remote Deposit Capture Service.
The Remote Deposit Capture Service is designed to facilitate deposits to your Account by scanning or otherwise capturing and delivering the Images and associated deposit information of Items.
Definitions
"You" and "Your" means each account owner or his or her authorized agents who has Credentials to use the Services, including the Remote Deposit Capture Service.
"Image" means the electronic image of the front and back of an Item.
"Item" is an original: check, cashier's check, official check, United States Treasury check, or any other payment instrument, drawn on a financial institution within the United States and payable in United States currency that is payable to you or Stifel, Nicolaus & Company, Incorporated. Images of Items are deemed to be “items” under the Uniform Commercial Code and “checks” under Federal Reserve Regulation CC (“Reg CC”).
"Capture Device" means any compatible device that facilitates the capture of images of Items for transmission through the Stifel Mobile application.
"Account" means your account with Stifel to which you are authorized to make a deposit using a Capture Device.
Pursuant to the terms of this Agreement, you may use the Remote Deposit Capture Service to deposit Items to your Account by creating an Image of the Item using a Capture Device, and transmitting that Image to Stifel for deposit. Stifel will process and collect the Item through the check collection system as if you had deposited a paper check.
When using the Remote Deposit Capture Service, you may experience technical or other difficulties. The Remote Deposit Capture Service may not be consistently available. Stifel does not assume responsibility for any technical or other difficulties that may result in interruption of the Remote Deposit Capture Service. Stifel is not responsible for any resulting damages, of any kind, that you may incur through your use of, or inability to use, the Remote Deposit Capture Service for any reason. Stifel reserves the right to change, suspend or discontinue the Remote Deposit Capture Service, in whole or in part, or your use of the Remote Deposit Capture Service, in whole or in part, immediately and at any time without prior notice to you.
The Remote Deposit Capture Service is provided at no charge to you. You are solely responsible for all costs of using the Remote Deposit Capture Service and operating the Capture Device, including, but not limited to telephone, internet, data, or other charges. You are solely responsible for maintaining the capacity and connectivity of the Capture Device required for use of the Remote Deposit Capture Service, which may change from time to time, without prior notice to you.
You agree that you will not use the Remote Deposit Capture Service to deposit any Items or other checks as shown below:
You are responsible for the safekeeping of the Capture Device, and for allowing its use only by you or individuals authorized by you. You agree to implement and maintain controls to protect the Capture Device and your Credentials. The Remote Deposit Capture Service may have qualification requirements, and Stifel reserves the right to change the qualifications at any time without prior notice.
Stifel may establish limits on the dollar amount and/or number of items or deposits, which may change from time to time without notice. If you attempt to initiate a deposit in excess of these limits, your deposit may be rejected. If Stifel permits you to make a deposit in excess of these limits, such deposit will still be subject to the terms of this Agreement, and Stifel will not be obligated to allow such a deposit at other times. The current limits will be disclosed to you at the time of deposit.
You agree to properly endorse all Items that you deposit using the Remote Deposit Capture Service with the statement “For Stifel Mobile Deposit” and your signature. You will not allow the transmission of an Image of an Item that has already been presented to Stifel or to any bank or financial institution by any other means, to the extent that it could result in the payment of the Item and/or an Image of the Item more than once.
You agree to retain the Item for two weeks after submitting an Image of the Item for deposit and to confirm the Item has posted to your account prior to destruction of the Item.
You are responsible for the image quality of any Image that you transmit and inputting the correct dollar amount of the Item into the Capture Device. The image must be of sufficient quality to comply with applicable requirements established by the American National Standards Institute, the Board of Governors of the Federal Reserve Board, or any other applicable regulatory agency, clearing house or association.
Each Image must include the front and back of the Item, and the following information must be clearly legible: amount, payee name, signature of an authorized signer of the account on which the Item is drawn, date, account number, MICR (Magnetic Ink Character Recognition) line, and any endorsement or other information written on the Item.
Stifel is not responsible for Items we do not receive or for Images that are dropped during transmission. Stifel reserves the right to reject and to refuse to process any Item transmitted through the Remote Deposit Capture Service, at our discretion, without prior notice to you. You agree to deposit any rejected or ineligible items through other deposit channels that are offered by Stifel, such as at a branch or by mail. You further agree to use such deposit channels when the Remote Deposit Capture Service may not be available.
You agree to immediately notify Stifel of any suspected errors regarding Items deposited through the Remote Deposit Capture Service, and in no event later than ten (10) business days of receipt of the applicable Account statement. Except as required by applicable law, such statement regarding all deposits made through the Remote Deposit Capture Service shall be deemed correct unless you notify Stifel within 10 business days, and you are prohibited from bringing a claim against Stifel for such alleged error.
By using the Remote Deposit Capture Service you accept the risk that an item may be intercepted or misdirected during transmission. Stifel shall not be liable to you or others for any such intercepted or misdirected items or information disclosed through such errors.
You acknowledge that all Items received for deposit through the Remote Deposit Capture Service are subject to verification and final settlement. You are solely responsible for any Item that is returned or rejected and you may be charged any and all fees associated with the returned Item in accordance with the Stifel Fee Schedule.
All Images must be received and accepted by 3:45 p.m. Central Time to be processed the same day. If submitted after 3:45 p.m. Central Time, the Image will be processed the next business day. For deposits made through the Remote Deposit Capture Service, our general policy is to allow you to withdraw funds deposited in your account no later than the fifth business day after the day we receive your deposit. A notice will be sent to you if an Image is rejected for deposit. The deposited funds can be verified by reviewing your Account.
YOU AGREE YOUR USE OF THE REMOTE DEPOSIT CAPTURE SERVICE AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD-PARTY PROVIDERS) IS AT YOUR RISK AND IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF THE REMOTE DEPOSIT CAPTURE 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 THE REMOTE DEPOSIT CAPTURE SERVICE (i) WILL MEET YOUR REQUIREMENTS, (ii) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE REMOTE DEPOSIT CAPTURE SERVICE WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS IN THE SERVICES OR TECHNOLOGY WILL BE CORRECTED.
You make the following warranties to Stifel now and each time you submit an Image for deposit:
You agree to fully cooperate with Stifel in the investigation of unusual transactions, poor quality transmissions, and resolution of customer claims, including by providing, upon request and without further cost, any originals or copies of Items deposited through the Remote Deposit Capture Service in your possession and your records relating to such Items and transmissions.
You agree to notify us immediately if you discover: (a) any error or discrepancy between your records and the information we provide to you about your accounts or transactions (e.g., in a statement, confirmation, or electronic report); (b) unauthorized transactions involving any account; or (c) other problems related to the Service.
Stifel may terminate your use of the Remote Deposit Capture Service at any time, with or without cause. We may suspend or terminate the Remote Deposit Capture Service without prior notice to you if: you breach any agreement with us; we believe there has been or may be a breach in the security of the Remote Deposit Capture Service or unauthorized activity involving your account; or we are uncertain regarding the authorization, completeness, or accuracy of Item information sent to us. Any termination will not affect obligations arising prior to termination, such as the obligation to process Items transmitted to us prior to the termination date or your obligation to indemnify us.
Last updated March 1, 2023
This Funds Transfer Service Annex (this “Annex”) is part of and subject to the Agreement and sets forth those terms applicable solely to the funds transfer service (the “Funds Transfer Service”). In the event of any conflict between the terms of this Annex and the body of the Agreement, the terms of this Annex apply solely with respect to the Funds Transfer Service. Capitalized terms not defined in this Annex have the meaning specified in the Agreement. This Annex is applicable to you if and to the extent you receive and use the Funds Transfer Service.
The Funds Transfer Service enables you to initiate movement of funds between your accounts with Stifel, Nicolaus, & Company, Incorporated, Stifel Bank & Trust, and Stifel Bank, and their affiliates (collectively, “Stifel,” and each such account, a “Stifel Account”), and between your Stifel Account and an external account at a third-party bank or other financial institution.
The origination of ACH Entries and the transmission and issuance of other transactions and information via the Service will be pursuant to (i) the Agreement and this Annex and (ii) the National Automated Clearing House Association (“NACHA”) Operating Rules and Guidelines (collectively, “NACHA Rules”), as they may be updated from time to time. You acknowledge that when you use the Service we are bound by and required to comply with the Operating Rules and Guidelines of the National Automated Clearing House Association.
The Service allows for movement of funds between your Stifel Account and an external account at a bank or other financial institution (an “External Account”) using the Automated Clearing House (ACH) network (“ACH Service”). Through the ACH Service, you may originate Credit Entries and Debit Entries. You may authorize transactions to occur on a regular schedule (Recurring Transfers), including, but not limited to, recurring distributions of dividends and other income; upon your request without regard to any schedule (On-Request Transfers); or both. It is your responsibility to provide Stifel with entries and instructions and all of the required information to complete the requested transactions. All transactions are subject to acceptance by Stifel. Stifel may reject or delay processing of transactions if instructions are incomplete, are inaccurate, or otherwise do not meet the required criteria for acceptance. All requests must be submitted completely and accurately and received before Stifel's established cutoff time for processing to begin on that ACH processing day. The ACH Service is available through Stifel Wealth Tracker. The ACH Service is available only for domestic transactions between Stifel and financial institutions located within the United States. You may not use the ACH Service to authorize transactions with financial institutions outside the territorial jurisdiction of the United States.
You hereby authorize Stifel to (i) originate Credit Entries to your External Account (initiate a transfer of funds from your Stifel Account to the External Account) per your instructions and to credit that account, (ii) originate Debit Entries to the External Account (initiate a transfer of funds from the External Account to your Stifel Account) and to debit that account, and (iii) initiate reversals or requests for return of erroneous or duplicate Credit or Debit Entries and to credit or debit the External Account as appropriate. This authorization will remain in full force and effect until you have cancelled the ACH Service using the self-service instructions for cancellation within Stifel Wealth Tracker.
To the extent allowable by your other financial institution, you may authorize Stifel to initiate a real-time connection between your Stifel Account and your External Account in order to link the accounts and set up the ACH Service. Your External Account Information will be retrieved from your financial institution by a Third-Party Provider of account verification services (the “Verification Services Provider”). The Verification Services Provider is not controlled by or affiliated with Stifel. You will need to enter into an agreement with and provide certain information to the Verification Services Provider as described in the Agreement. In order to initiate a connection between your Stifel Account and External Account, it is necessary for the Verification Services Provider to access the websites and databases of your other financial institution to obtain the necessary verification information and set up the External Account for funds transfers to and from your Stifel Account.
To the extent allowable, you will be deemed to make the same warranties to Stifel as Stifel makes pursuant to the NACHA Rules. Further, you represent and warrant that you are the legal owner of the External Account and that you have the authority to access the account, designate us as your agent, and enroll the External Account in the ACH Service. In addition, by enrolling any External Account, you represent and warrant that you have the authority, acting individually and without notice to any other account holder, to submit the enrollment request to Stifel as fully and completely as if you were the sole account holder of the outside account and that all other owners of the account have authorized you to submit the request to Stifel. By using the real-time connection to set up the ACH Service, you represent and warrant to Stifel that you have the right to authorize and permit us to access your External Account to set up the ACH Service and effect such funds transfers and for any other purpose authorized by this Agreement, and that by disclosing and authorizing us to use such information you are not violating the rights of any third party. You further represent and warrant that the information you are providing to Stifel is true, current, correct, and complete. You hereby authorize and permit Stifel and the Verification Services Provider to use information submitted by you to set up the ACH Service, effect funds transfers, and to configure the Service to be compatible with the External Account. You further represent and warrant that you will use the ACH Service for lawful purposes and that each Entry you originate will comply with all applicable U.S. laws and regulations.
For as long as you use the real-time connection feature, you agree to provide Stifel and the Verification Services Provider with a limited power of attorney and appoint Stifel and the Verification Services 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 the External Account, effect funds transfers as described above, with full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with effecting funds transfers, including verifying the content and authenticity of any funds transfer instruction for the purposes of security procedures applicable to the External Account, as fully to all intents and purposes as you might or could do in person.
YOU ACKNOWLEDGE AND AGREE THAT WHEN STIFEL AND OUR THIRD-PARTY SERVICE PROVIDER ACCESS AND RETRIEVE INFORMATION FROM THE OTHER FINANCIAL INSTITUTION'S WEBSITE, WE ARE ACTING AS YOUR AGENT AND NOT AS THE AGENT ON BEHALF OF THE OTHER FINANCIAL INSTITUTION OR ANY THIRD PARTIES. YOU AGREE THAT STIFEL AND ITS AFFILIATES AND SERVICE PROVIDERS SHALL BE ENTITLED TO RELY ON THE FOREGOING AUTHORIZATION, AGENCY, AND POWER OF ATTORNEY GRANTED BY YOU.
Once you terminate an External Account in Stifel Wealth Tracker, this limited power of attorney is automatically revoked, provided, however, that any act done by Stifel and/or our service provider in good faith before it has actual knowledge of termination by you and has a reasonable opportunity to act on such knowledge shall be deemed to be authorized by you. You understand and agree that at all times your relationship with the External Account provider is independent of Stifel and your use of the ACH Service. You agree that Stifel is not responsible for any acts or omissions by the other financial institution or other provider of any Account, including without limitation any modification, interruption, or discontinuance of the External Account by such other financial institution or provider.
Not all External Accounts are eligible for setup using the ACH Service. Please consult your other financial institution for any other restrictions. Stifel is not responsible for any costs or losses incurred from the use of the ACH Service that are not permitted under any such restrictions by your other financial institution or those imposed by applicable law.
If the real-time connection feature of the ACH Service is unavailable or undesired, setup and verification of your External Account can be accomplished using trial deposits that test your transaction instructions through the ACH network. Your verification of the trial deposits is required before your first funds transfer can occur.
Errors made with respect to account names, financial institution names, or American Bankers Association (ABA) numbers during account setup should be reported to Stifel immediately. Transactions will be processed based solely on account number and ABA number without regard to account name. You agree that Stifel is not responsible for verifying the information that you provided and is not responsible for verifying that account numbers and account names match one another. In addition, outside financial institutions will not resolve differences between account number and name when receiving ACH transfer instructions, but will act solely on the account number provided.
The Verification Services Provider will have access to the authentication credentials and other account information you provide for third-party accounts and will use them only to obtain the authorized authentication credentials, and otherwise as set forth in the agreement between you and the Verification Services Provider. Your authentication credentials will not be made available to Stifel or visible to Stifel employees. Stifel will use and maintain any personal information that is made available in accordance with Stifel's privacy policy.
By providing your login ID and password to the Verification Services Provider, you are agreeing to allow Verification Services Provider to determine if your credentials are valid.
There is a maximum daily ACH transfer limit of $20,000. ACH transfer limits reset every business day, which does not include weekends or U.S. federal holidays.
In some instances, Stifel may grant higher daily transfer limits, at Stifel's sole discretion after Stifel's review and approval of the amounts that the holder has specified. In any event, you may not transfer more than the amount of your available balance.
In addition, you may contact Stifel to specify a lesser maximum daily transfer amount (less than $20,000). Stifel may, in its sole discretion, refuse to honor transfer requests that exceed the maximum amount that you or any additional account holder have specified.
Recurring Transfers can occur on a weekly, semimonthly, monthly, last-business-day-of-the-month, quarterly, semiannual, or annual basis. For transfer dates that fall on a weekend or holiday, your transfer will be completed on the next business day.
If you have scheduled Recurring Transfers out of your account, you may, under certain conditions, be able to stop those recurring ACH transfers through Stifel Wealth Tracker. You may also call us toll-free, Monday through Friday, by 4:30 p.m. Central, at (866) 303-8003. Alternatively, you may write to us at Stifel, 501 North Broadway, Attn: Deposit and Payment Operations, St. Louis, Missouri 63102. We must receive your request at least two (2) business days before the Recurring Transfer is scheduled to be made. If you call, we may also require that you put your request in writing to us within 14 days after your call. Stifel will not charge you for such stop-payment requests.
For scheduled Recurring Transfers, you may, under certain conditions, request that changes are made to the frequency of your Recurring Transfers, your transfer date, the dollar amount, and start date of your Recurring Transfers. You may request these changes through Stifel Wealth Tracker.
For transfers out of a Stifel Account, you must have sufficient available funds in your Stifel Account at least one (1) business day prior to your transfer date. If securities must be liquidated to fund your transfer, you will need to allow an extra business day so that your transfer date is two (2) business days after your trade settlement date. If you are transferring money to fund a trade settlement, you should wait until your electronic funds transfer is completed prior to placing your trade order. For transfers from another financial institution into your Stifel Account, you may wish to contact that institution to verify its requirements for funds availability for these types of transactions.
ACH transfers into your Stifel Account from your other financial institution will be credited to your Stifel Account on the day funds are received. Same Day ACH transactions will be credited to your Stifel Account by the end of that same day the transaction was initiated and no later than the end of processing of transactions for that settlement date. Because banks and other financial institutions are allowed to return ACH debits during a specified period of time, there may be a hold (not to exceed four business days) on all funds received in your Stifel Account via the ACH Service. During that hold period, you may conduct most Stifel business using these funds (any Stifel activity that does not require cleared funds, such as common stock trade settlement, fee payments, etc.) However, you may not withdraw the funds or use the funds in any transactions that require cleared funds (such as option or penny stock trades).
Transfers from your Stifel Account to your other financial institution will be debited from your Stifel Account one (1) business day prior to your requested transfer date. Stifel cannot guarantee the time period in which funds transferred from your Stifel Account will be credited to an account at another financial institution. For time-sensitive transactions where funds need to be guaranteed available by a specified date and time, please consider other transfer means like a wire.
You agree to indemnify Stifel and its employees, officers, directors, and agents, and hold them harmless from and against any and all losses, claims, demands, liabilities, or expenses (including attorneys' fees and costs) resulting directly or indirectly from (i) the compliance of Stifel and the other financial institution with any request that you may make for a reversal, recall, stop payment, or cancellation of any Entry and (ii) your breach of any warranty made in the Agreement and/or this Annex.
All ACH transactions will appear on your Stifel Account statement and Stifel Wealth Tracker. You may also confirm an ACH transfer by calling your branch or (866) 303-8003.
You may cancel ACH transfers as permitted through Wealth Tracker.
Stifel reserves the right to cancel ACH transfers, at its election, for any reason, without advance notice.
No course of dealing, nor any failure or delay in Stifel's exercise of any right under this Agreement or any right available by law or in equity shall be deemed a waiver of such right. No waiver or consent in any instance by us shall be deemed a waiver or consent by us in any later instance.
YOU AGREE THAT STIFEL SHALL NOT BE LIABLE FOR ANY COSTS, FEES, LOSSES, OR DAMAGES OF ANY KIND INCURRED AS A RESULT OF (A) STIFEL'S SETUP OR ACCESS (OR THAT OF OUR THIRD-PARTY SERVICE PROVIDER) TO THE EXTERNAL ACCOUNT; (B) OUR DEBIT AND/OR CREDIT OR INABILITY TO DEBIT AND/OR CREDIT THE ACCOUNTS IN ACCORDANCE WITH YOUR ACH INSTRUCTIONS; (C) ANY INACCURACY, INCOMPLETENESS, OR MISINFORMATION CONTAINED IN THE INFORMATION RETRIEVED FROM THE EXTERNAL ACCOUNT; (D) ANY CHARGES IMPOSED BY ANY PROVIDER OF EXTERNAL ACCOUNT; AND (E) ANY FUNDS TRANSFER LIMITATIONS SET BY THE FINANCIAL INSTITUTIONS OR PROVIDERS OF THE EXTERNAL ACCOUNT.
In no event will Stifel be liable for any special, indirect, consequential, liquidated, or punitive damages, or any attorneys' fees, costs, or other expenses of any nature, including, without limitation, lost profits, even if we have been informed of the possibility of such damages.
Two Stifel Accounts with a common owner: When you have an ownership role in two different accounts at Stifel, you may submit your transfer requests between two such accounts by calling your Stifel branch, or by using Stifel Wealth Tracker.
Two Stifel Accounts without a common owner: When you wish to request a transfer from your Stifel Account to a Stifel Account where you do not have an ownership role for that account, you will need to submit a written or electronic authorization for such a request. Please contact your Stifel branch for more information.
The minimum transfer amount is $1. The maximum amount per transfer is the lesser of the available balance in your account or $100,000. In some instances, Stifel may grant higher transfer limits, at Stifel's sole discretion after Stifel's review and approval of the amounts that the holder has specified. In any event, you may not transfer more than the amount of your available balance.
In addition, you may contact Stifel to specify a lesser maximum transfer amount (less than $100,000) that you (and any additional account holder) may not exceed when requesting transfers between two Stifel accounts, at (866) 303-8003, Monday through Friday, 9:00 a.m. to 5:00 p.m. Central. Alternatively, you may write to us at Stifel, 501 North Broadway, Attn: Deposit and Payment Operations, St. Louis, Missouri 63102. Stifel may, in its sole discretion, refuse to honor transfer requests that exceed the maximum amount that you or any additional account holder have specified.
If there is more than one account holder, each account holder is jointly and severally liable for obligations and transactions resulting from the Service. As stated in the Stifel Account Agreement and Disclosure Booklet, each account holder has authority, acting individually and without notice to any other account holder(s), to deal with us as fully and completely as if the account holder is the sole account holder. We are authorized to follow the instructions of any account holder and to transfer funds in such accounts to any account holder or upon any account holder's instructions. We are not responsible for determining the purpose or propriety of an instruction we receive from any account holder or for the disposition of payments or deliveries among multiple account holders. We reserve the right to require written instructions from all account holders, at our sole discretion.
We reserve the right, but are not obligated, to place restrictions on an account in the event we receive notice of a dispute among, or conflicting instructions from, joint account holders.
Any notice we send or transmit to one account holder will be notice to all account holders.
The Funds Transfer Service Annex and any external accounts added to the ACH Service will remain in effect until you cancel, even if there is a change in the ownership status of your Stifel Account or your account at the bank or other financial institution.
If your account is a Custodial account, you acknowledge and agree that any funds or securities you (the Custodian) instruct us to transfer out of the account, and into the account of the custodian or other account, shall be used or applied solely for the benefit of the minor.
Your use of the Funds Transfer Service, including the ACH Service, is also governed by other agreements that you have consented to as a Stifel customer. For example, your Account Agreement with Stifel contains a predispute arbitration agreement. These agreements may be obtained by contacting Stifel. They are also available for your review under the "Important Disclosures" link that appears on one or more pages on the Stifel website. You should review those agreements for any applicable fees, restrictions, or obligations that might affect your use of an account with the Service. The provisions of the Agreement, and the applicable terms of the Stifel Account Agreement and Disclosure Booklet are incorporated into this Annex by reference.
Our business days are Monday through Friday, excluding U.S. stock exchange holidays and U.S. banking holidays. If a funds transfer is scheduled for a day other than a business day, we will make it on the following business day.
We may disclose your name and/or information about your account or your transactions to our agents and affiliates. We may also disclose such information to third parties in certain circumstances, including (a) to banks, mutual funds, and other entities that are involved with the products or services we offer or arrange on behalf of customers; (b) where that information is necessary for a third party to complete a transaction; (c) to verify the existence or condition of your account for a credit bureau or merchant; (d) to comply with a subpoena, court order, or request from a government agency or law enforcement authority; (e) to evaluate your creditworthiness or the collectability of any debt you owe us; (f) pursuant to Rule 14b-1 under the Securities Exchange Act of 1934, to companies in which you hold securities, unless we receive your written objection; or (g) if you give us your written permission.
If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your actual losses or damages. However, there are some exceptions. We will not be liable if (a) through no fault of ours, you do not have enough money in your account to make the transfer; (b) the transfer would go over the credit limit on your overdraft line (connected to the account in question); (c) the ACH Service or other system was not working properly and you were aware of the breakdown or interruption upon starting the transfer; (d) circumstances beyond our control (such as fire, flood, earthquake, interruption of computer or communication facilities or equipment failure, or other emergency condition or circumstance beyond our control) prevent the transfer despite reasonable precautions that we have taken; (e) funds in your account are subject to legal process or other encumbrance restricting such transfer; or (f) the loss or damage falls within the provisions of the limitation of liability stated in our agreement with you.
It is important that you immediately inform Stifel in case of loss, theft, or unauthorized use. Tell us at once if you believe your Stifel user identification or password has been lost or stolen. Telephoning is the best way of keeping your possible losses down. The loss, theft, or unauthorized use of your access codes could cause you to lose all of the funds in your account. If you tell us within two (2) business days after you learn of the loss or theft, you can lose no more than $50 if someone used your user identification or password without your permission. If you do NOT tell us within two (2) business days after you learn of the loss or theft of your user identification, password, or access code and we can demonstrate that we could have stopped someone from using your user identification, password, or access code without your permission if you had told us, you could lose as much as $500.
Also, if your statement shows transfers that you did not make or authorize, tell us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time.
If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods. If you believe your user identification, password, or access codes have been lost or stolen or that someone has transferred or may transfer money from your account without your permission, call us at (866) 303-8003, Monday through Friday, 9:00 a.m. to 5:00 p.m. Central. Alternatively, you may write to us at Stifel, 501 North Broadway, Attn: Deposit and Payment Operations, St. Louis, Missouri 63102.
In case of errors or questions about your electronic funds transfers, if you think your statement or confirmation letter is wrong, or if you need more information about a transfer listed on your statement, call us as soon as you can at (866) 303-8003, Monday through Friday, 10:00 a.m. to 6:00 p.m. ET. Alternatively, you may write to us at Stifel, 501 North Broadway, Attn: Deposit and Payment Operations, St. Louis, MO 63102. We must hear from you no later than 60 days after we sent the first statement on which the problem or error appeared. If you tell us orally, we may still require you to send us your complaint or question in writing within 10 business days.
We need the following information: your name and account number, a description of the error or the transfer you are unsure about, a clear explanation of why you believe it is an error or why you need more information, and the dollar amount of the suspected error. We will tell you the results of our investigation within 10 business days after we hear from you, and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question.
If you are a new customer and the error or question concerns a funds transfer transaction that occurred within 30 days after the first deposit to the account was made, we will tell you the results of our investigation within 20 business days after we hear from you. If we need more time, we may take up to 90 days to investigate. In addition, we may take up to 90 days to investigate if the error or question relates to a funds transfer transaction that was initiated outside of the United States.
If we decide we need the additional time to investigate your complaint or question, we will provisionally credit your account within 10 business days (or 20 business days for errors or questions relating to transactions that occurred within 30 days after the first deposit to the account was made) for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days (or 20 business days if applicable), we may not credit your account.
We will tell you the results within three (3) business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
We may add, delete, or amend terms or services at any time, including fees and charges for the Service. We will notify you of such changes by mail, by e-mail, or by posting a notice of a change online.
Last updated December 6, 2023
This Card Management Service Annex (this “Annex”) is part of and subject to the Agreement, and sets forth those terms applicable solely to the Card Management Services (defined below). In the event of any conflict between the terms of this Annex and the body of the Agreement, the terms of this Annex apply solely with respect to the Card Management Services. Capitalized terms not defined in this Annex have the meaning specified in the Agreement. This Annex is applicable to you if and to the extent you receive and use the Card Management Services.
The Card Management Services enables you to access, through the Platform, services provided to you to manage your Stifel Bank Credit Card Account, the debit card associated with your Stifel Bank Checking Account, or the debit card associated with your Stifel Cash Management Account. Each credit and debit card associated with such accounts is referred to herein as a “Card.”
The Card Management Services are available only to holders of a Stifel Bank Credit Card who have entered into a Cardholder Agreement with Stifel Bank, holders of Stifel Bank debit cards who have entered into an applicable Bank Account Agreement with Stifel Bank, and/or holders of Stifel Bank debit cards who have entered into a Banking Services Agreement with Stifel (each an “Account Agreement”), provided each holder of a Card is permitted access to Wealth Tracker. The “Card Management Services” will enable you, through Wealth Tracker, to access certain services, which you may use to manage the card associated with your account.
Your Stifel Bank Card, and such Card Management Services, are provided to you pursuant to your applicable Account Agreement, and we have no responsibility for your Stifel Card or such Card Management Services, including the accuracy, availability, security or performance of such services. This Annex, and the Agreement in which it is incorporated, relates solely to the services provided by Wealth Tracker, which is limited to making the Card Management Services accessible to you through Wealth Tracker. This Agreement is not intended to, and does not, amend or supersede the terms of your Account Agreement(s).
You acknowledge that: (i) your Cardholder Account data, and any data you submit or process through the Card Management Services, are held and processed by Stifel Bank and its service providers (and not by Stifel, Nicolaus & Company, Incorporated), pursuant to agreements between you and Stifel Bank, and (ii) Stifel, Nicolaus & Company, Incorporated is not responsible to you for such data, including the accuracy, availability and security thereof.
You agree to not to use the access to the Card Management Services in any manner that violates the Agreement.
The Card Management Service will be terminated upon the cancellation of your Stifel Bank Credit Card or closure of a checking account associated with a Stifel Bank debit card. You agree that we may terminate or suspend your use of the Card Management Service at any time and for any reason or no reason. Neither termination, cancellation, nor suspension shall affect your liability or obligations under this Agreement.
Last updated July 2024
This ZELLE® Payment Service Annex (this “Annex”) is part of and subject to the Agreement, and sets forth those terms applicable solely to use of the Zelle® Payment Service (defined below). In the event of any conflict between the terms of this Annex and the body of the Agreement, the terms of this Annex apply solely with respect to the Zelle® Payment Service. Capitalized terms not defined in this Annex have the meaning specified in the Agreement. This Annex is applicable to you if and to the extent you receive or use the Zelle® Payment Service.
In addition to the restrictions set forth above, you agree that you will not use the Zelle® Payment Service to send money to anyone to whom you are obligated for tax payments, payments made pursuant to court orders (including court-ordered amounts for alimony or child support), fines, payments to loan sharks, gambling debts, or payments otherwise prohibited by law, and you agree that you will not use the Zelle® Payment Service to request money from anyone for any such payments. Except as required by applicable law, in no event shall we or Zelle® be liable for any claims or damages resulting from your initiation of prohibited payments. We encourage you to provide notice to us of any violations of this Annex or the Agreement generally via postal mail to: Stifel, 501 North Broadway, St. Louis, Missouri 63102 or via email to: WealthTracker@stifel.com. You agree that you will not authorize a third party to use the Zelle® Payment Service or share your credentials with a third party to use the Zelle® Payment Service on your behalf except in legally authorized situations such as legal guardianship or pursuant to a power of attorney.
You agree that you are independently responsible for complying with all applicable laws in all of your activities related to your use of the Zelle® Payment Service, regardless of the purpose of the use, and for all communications you send through the Service. We and our service providers have the right but not the obligation to monitor and remove communications content that we find in our sole discretion to be objectionable in any way. You are prohibited from using the Service for any communication or activity that, and you agree that you will not upload or provide content or otherwise post, transmit, distribute, or disseminate through the Zelle® Payment Service any material that: (1) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, abusive, inflammatory, bigoted, racially offensive, vulgar, or discourteous; (2) encourages conduct that would be considered a criminal offense or gives rise to civil liability; (3) breaches or infringes any duty toward or rights of any person or entity, including copyrights, trademarks, rights of publicity, privacy, or intellectual property; (4) contains corrupted data or any other harmful, disruptive, or destructive files; (5) advertises products or services competitive with Zelle®, as determined by Zelle® in its sole discretion; (6) violates any law, statute, ordinance, or regulation; (7) promotes hate, violence, racial intolerance, or the financial exploitation of a crime; (8) imposes an unreasonable or disproportionately large load on our or Zelle®’s infrastructure; (9) facilitates any viruses, trojan horses, worms, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or information; (10) constitutes use of any robot, spider, other automatic device, or manual process to monitor or copy the Zelle® Payment Service or the portion of the Platform through which the Zelle® Payment Service is offered without our prior written permission; (11) constitutes use of any device, software, or routine to bypass technology protecting the Platform or Zelle® Payment Service, or interferes or attempts to interfere, with the Platform or the Zelle® Payment Service; (12) may cause us, Zelle®, or our service providers to lose any of the services from such internet service providers, payment processors, or other vendors; (13) violates any prohibition in Section 2(b) (Payment Authorization and Payment Remittance), or (14) in Zelle®’s or our sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the Zelle® Payment Service, or which may expose us, Zelle®, or our respective affiliates or customers to harm or liability of any nature. We encourage you to provide notice to us of any violations of this Annex or the Agreement generally via postal mail to: Stifel, 501 North Broadway, St. Louis, Missouri 63102 or via email to: WealthTracker@stifel.com.
You may request money from another User through functionality of the Zelle® Payment Service that allows you as a Requestor to request that such User initiate a Payment Instruction to you (a “Zelle® Payment Request”). You understand and acknowledge that Users to whom you send payment requests may reject or ignore your Zelle® Payment Request. Neither we nor Zelle® guarantee that you will receive money from other Users by sending a Zelle® Payment Request, or that you will receive the amount that you request. Neither we nor Zelle® accept responsibility if the other User rejects or ignores your request, or sends you an amount that is less than you request. If a User ignores your request, we may decide or Zelle® may decide, in our sole discretion, that we will not send a reminder or repeat request to that User.
In addition to the other restrictions in this Agreement, by accepting this Agreement, you agree that you shall not and are not engaging in the business of debt collection by attempting to use the Zelle® Payment Service to request money for the payment or collection of an overdue or delinquent debt; to request money that is owed to another person; or to collect any amounts that are owed pursuant to a court order. You agree to indemnify, defend, and hold harmless any Stifel Entity, Zelle®, and their respective owners, directors, officers, agents, and Network Financial Institutions from and against all claims, losses, expenses, damages, and costs (including, but not limited to, direct, incidental, consequential, exemplary, and indirect damages), and reasonable attorney's fees, resulting from or arising out of any Zelle® Payment Request that you send that is related to overdue or delinquent amounts. You agree to receive Zelle® Payment Requests from other Users, and to only send Zelle® Payment Requests for legitimate and lawful purposes. Zelle® Payment Requests are solely between the Requestor and Receiver and are not reviewed or verified by us or by Zelle®. Neither we nor Zelle® assume responsibility for the accuracy or legality of such requests and do not act as a debt collector on your behalf or on behalf of the Requestor. We reserve the right, but assume no obligation, to terminate your ability to send Zelle® Payment Requests in general, or to specific recipients, if we deem such Zelle® Payment Requests to be potentially unlawful, abusive, offensive, or unwelcome by the recipient. If applicable, if you as a Requestor initiate a Zelle® Payment Request using the Zelle® Payment Service, you acknowledge and agree that as disclosed on the Platform (a) the applicable service fee will be deducted from payments received by you from a Sender(s), and (b) no service fee will be charged if you as the Requestor do not receive any payments from the individuals to whom the Zelle® Payment Request is sent. Further details about the foregoing can be found on the Platform. You acknowledge and agree that individuals to whom you send a Zelle® Payment Request may not receive, or otherwise may reject or ignore, your Zelle® Payment Request. We do not guarantee that you will receive any payments from individuals by initiating a Zelle® Payment Request.
Zelle® Small Business Service Users may not send Zelle® Payment Requests to Users enrolled with Zelle® through Zelle® Standalone Locations.
This Section only applies to those Zelle® Payment Services transactions that can be cancelled in the limited circumstances set forth in Section 4(a) (Sending Payments) above. Sender may cancel the initiation of a Payment Instruction or stop a Payment Instruction at any time until the processing of the Payment Instruction into the Receiver’s Eligible Transaction Account has begun. Our ability to stop a Payment Instruction or recover funds associated with an unauthorized Payment Instruction will depend on the manner in which the Payment Instruction was initiated, and whether the Payment Instruction to the Receiver’s Eligible Transaction Account has begun processing. Although we will make a reasonable effort to accommodate a stop payment request and to recover funds associated with an unauthorized Payment Instruction, we will have no liability for failing to do so. We may also require you to present your stop payment request or request to recover funds in writing within fourteen (14) days after contacting customer care at (866) 697-8433 or info@stifel.com. If we charge you to stop the payment or recover funds, then the charge for each stop payment or fund recovery request will be the current charge as set out in our current fee schedule (including as disclosed on the Platform) or your account agreement with us. Payments not claimed by a Receiver who has not enrolled in Zelle® will be automatically cancelled fourteen (14) days after the processing of the payment begins. We will, to the extent permitted by law, make reasonable attempts to return any unclaimed, refused, refunded, prohibited, or denied payment to your Eligible Transaction Account or use other reasonable efforts to return such payment to you as permitted by law.
By participating as a User, you represent that you are the owner of the email address, mobile phone number, Zelle® tag, and/or other alias you enrolled, or that you have the delegated legal authority to act on behalf of the owner of such email address, mobile phone number, Zelle® tag, and/or other alias to send or receive money as described in this Annex. You consent to the receipt of emails or text messages from us, from Zelle®, from other Users that are sending you money or requesting money from you, and from other Third-Party Providers and Network Financial Institutions or their agents regarding the Zelle® Payment Service or related transfers between Network Financial Institutions and you. YOU AGREE THAT WE MAY, ZELLE® MAY, OR EITHER OF OUR AGENTS OR THIRD-PARTY PROVIDERS MAY, USE AUTOMATIC TELEPHONE DIALING SYSTEMS IN CONNECTION WITH TEXT MESSAGES SENT TO ANY MOBILE PHONE NUMBER YOU ENROLL. You further acknowledge and agree:
You are responsible for paying all fees associated with your use of the Zelle® Payment Service. Applicable fees will be disclosed in the user interface for, or elsewhere within, the Zelle® Payment Service or Platform. Additional fees may apply for small business Users enrolled in the Zelle® Small Business Service. YOU ACKNOWLEDGE AND AGREE THAT ANY APPLICABLE FEES WILL BE CHARGED REGARDLESS OF WHETHER THE PAYMENT INSTRUCTION IS COMPLETED, UNLESS THE FAILURE TO COMPLETE THE INSTRUCTION IS SOLELY DUE TO OUR FAULT, except for those fees that are specifically use-based, such as Zelle® Payment Requests, if applicable. There may be a charge for additional transactions and other optional services. You agree to pay such charges and authorize us to deduct the calculated amount from your designated Eligible Transaction Account for these amounts and any additional charges that may be incurred by you. Any financial fees associated with your standard Stifel accounts (or other Eligible Transaction Accounts) will continue to apply. You are responsible for any and all telephone access fees and Internet service fees that may be assessed by your telephone and Internet service provider.
The following applies if you do not pay applicable fees and charges for the Zelle® Payment Service:
The aforesaid amounts will be charged in addition to any NSF (insufficient funds) charges that may be assessed by us, as set forth in your fee schedule from us (including as disclosed on the Platform) or your account agreement with us. You hereby authorize us and our Third-Party Provider to deduct all of these amounts from your designated Eligible Transaction Account, including by ACH debit.
We reserve the right to refuse to pay any Receiver. We will attempt to notify the Sender promptly if we decide to refuse to pay a Receiver designated by the Sender. This notification is not required if you attempt to make a prohibited payment under this Annex or the Agreement.
In using the Zelle® Payment Service, you understand that (except as otherwise provided herein) Receivers may reject Payment Instructions or otherwise return payments only if the Receiver is not enrolled in Zelle®. We will use reasonable efforts to complete Payment Instructions initiated through the Zelle® Payment Service.
Your enrollment in the Zelle® Payment Service may not be fulfilled if we cannot verify your identity or other necessary information. Through your enrollment in or use of the Zelle® Payment Service, you agree that we reserve the right to request a review of your credit rating at our own expense through an authorized bureau. In addition, and in accordance with our Privacy Policy, you agree that we reserve the right to obtain personal information about you, including without limitation, financial information and transaction history regarding your Eligible Transaction Account.
In order for you to use the Zelle® Payment Service, we share information about you and your Eligible Transaction Account and your requests and Payment Instructions with (1) Zelle® and the Payment Network (see Zelle®’s Privacy Policy at https://www.zellepay.com/privacy-policy for how it treats your data), (ii) other Network Financial Institutions and other entities associated with processing Payment Instructions, (iii) other Third-Party Providers used to provide the Zelle® Payment Service, and (iv) any person you contact or attempt to contact or send or request, or attempt to send or request, payments using the Zelle® Payment Service, including Senders and Receivers associated with Payment Instructions. In addition to Section 8 (Your Data and Associated Risks) of the body of the Agreement, by accepting this Agreement, you consent to our disclosure of your Personal Information (including bank account information and payment transaction information) as necessary to complete payment transactions in accordance with our customary processes and procedures, which may include, without limitation, the following:
You further understand and agree that we reserve the right to use Personal Information about you for our and our Third-Party Providers’ everyday business purposes, such as to maintain your ability to access the Zelle® Payment Service, to authenticate you when you log in, to send you information about the Zelle® Payment Service, to perform fraud screening, to verify your identity, to determine your transaction limits, to perform collections, to comply with laws, regulations, court orders, and lawful instructions from government agencies, to protect the personal safety of subscribers or the public, to defend claims, to resolve disputes, to troubleshoot problems, to enforce this Agreement, to protect our rights and property, and to customize, measure, and improve the Zelle® Payment Service and the content and layout of the Platform. Additionally, we and our Third-Party Providers may use your information for risk management purposes and may use, store, and disclose your information acquired in connection with this Agreement as permitted by law, including (without limitation) any use to effect, administer, or enforce a transaction or to protect against or prevent actual or potential fraud, unauthorized transactions, claims, or other liability. We and our Third-Party Providers shall have the right to retain such data even after termination or expiration of this Agreement for risk management, regulatory compliance, or audit reasons, and as permitted by applicable law for everyday business purposes. In addition, we and our Third-Party Providers may use, store, and disclose such information acquired in connection with the Zelle® Payment Service in statistical form for pattern recognition, modeling, enhancement and improvement, system analysis, and to analyze the performance of the Zelle® Payment Service.
We may share certain Personal Information and device-identifying technical data about you and your devices with Third-Party Providers, who will compare and add device data and fraud data from and about you to a database of similar device and fraud information in order to provide fraud management and prevention services, including identifying and blocking access to the applicable Zelle® Payment Service or Platform by devices associated with fraudulent or abusive activity. Such information may be used by us and our Third-Party Providers to provide similar fraud management and prevention services for services or websites not provided by us.
In addition to Section 12 (Consent to Share Personal Information (Including Account Information)) of this Annex, you acknowledge that we or Zelle® may use information on file with your wireless operator to further verify your identity and to protect against or prevent actual or potential fraud or unauthorized use of the Zelle® Payment Service. By using the Zelle® Payment Service, you authorize your wireless operator (AT&T, Sprint, T-Mobile, US Cellular, Verizon, or any other branded wireless operator) to disclose your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber status and device details, if available, to us or Zelle® or our or their service providers solely to allow verification of your identity, fraud avoidance, to compare information you have provided to us or to Zelle® with your wireless operator account profile information, and other uses in support of payment transactions for the duration of our business relationship. This information may also be shared with other companies to support your transactions with us and for identity verification and fraud avoidance purposes. See Zelle®’s Privacy Policy at https://www.zellepay.com/privacy-policy for how it treats your data. Please review our Privacy Policy in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your information.
If you wish to cancel the Zelle® Payment Services, you may use applicable functionality provided via the Platform or contact customer care at (866) 697-8433 or info@stifel.com. Any payment(s) that have begun processing before the requested cancellation date will be processed. You agree that we may terminate or suspend your use of the Zelle® Payment Services at any time and for any reason or no reason, without prior notice except as required by applicable law, and without any liability to you including, but not limited to, Payment Network restrictions on the use of your email address or phone number to make or receive payments. In some instances, you may be required to re-enroll in the Zelle® Payment Service with a new email address or mobile phone number. We reserve the right to terminate your use of the Zelle® Payment Service if you withdraw your consent to receive electronic communications. Neither termination, cancellation, nor suspension shall affect your liability or obligations under this Agreement.
Subject to our obligations under applicable laws and regulations, neither we nor Zelle® shall have liability to you for any transfers of money, including without limitation, (i) any failure, through no fault of us or Zelle® to complete a transaction in the correct amount, or (ii) any related losses or damages. THE ZELLE® PAYMENT SERVICE IS INTENDED FOR SENDING MONEY TO FAMILY, FRIENDS, AND OTHERS WHOM YOU TRUST. YOU SHOULD NOT USE THE ZELLE® PAYMENT SERVICE TO SEND MONEY TO PERSONS WITH WHOM YOU ARE NOT FAMILIAR OR YOU DO NOT TRUST. NEITHER WE NOR ZELLE® OFFER A PROTECTION PROGRAM FOR AUTHORIZED PAYMENTS MADE THROUGH THE ZELLE® PAYMENT SERVICE (FOR EXAMPLE, IF YOU DO NOT RECEIVE THE GOODS OR SERVICES THAT YOU PAID FOR, OR THE GOODS OR SERVICES THAT YOU RECEIVED ARE DAMAGED OR ARE OTHERWISE NOT WHAT YOU EXPECTED). Neither us nor Zelle® or any of Third-Party Provider have control of, or shall have any liability for, any products or services that are paid for with the Zelle® Payment Service. We also do not guarantee the identity of any user of the Zelle® Payment Service (including but not limited to Receivers to whom you send payments).
You acknowledge and agree that from time to time your use of the Zelle® Payment Service may be delayed, interrupted, or disrupted for an unknown period of time for reasons we cannot control. Neither we nor Zelle® or Third-Party Providers will be liable for any claim resulting from or related to the Zelle® Payment Service due to such delay, interruption, disruption, or similar failure. We have no obligation to correct any bugs, defects, or errors in the Zelle® Payment Service or to otherwise support, maintain, improve, modify, upgrade, update, or enhance the Zelle® Payment Service. EXCEPT AS OTHERWISE PROVIDED HEREIN, AND SUBJECT TO APPLICABLE LAW, NO STIFEL ENTITY OR ZELLE® MAKES ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE ZELLE® PAYMENT SERVICE. THE STIFEL ENTITIES AND ZELLE® EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE ZELLE® PAYMENT SERVICE DESCRIBED OR PROVIDED. THE STIFEL ENTITIES AND ZELLE® DO NOT WARRANT THAT THE ZELLE® PAYMENT SERVICE WILL BE UNINTERRUPTED, TIMELY, INVULNERABLE TO CYBER ATTACK, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. THE ZELLE® PAYMENT SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. To the extent the disclaimers in this Section are less restrictive (or protective) than, or otherwise conflict with, any applicable disclaimer in the body of the Agreement (including Section 16 (Disclaimer of Warranties)), the other more restrictive disclaimer in this Agreement shall apply.
EXCEPT AS OTHERWISE PROVIDED HEREIN AND SUBJECT TO APPLICABLE LAW, IN NO EVENT WILL THE STIFEL ENTITIES, ZELLE®, OR THEIR OWNERS, DIRECTORS, OFFICERS, AGENTS, OR NETWORK FINANCIAL INSTITUTIONS, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE ZELLE® PAYMENT SERVICE; (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE ZELLE® PAYMENT SERVICES DESCRIBED OR PROVIDED; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) ANY INACCURACY, INCOMPLETENESS, OR MISINFORMATION CONTAINED IN ANY INFORMATION SUPPLIED BY YOU; (V) ANY CHARGES IMPOSED, OR ACTIONS TAKEN, BY ANY THIRD-PARTY NETWORK FINANCIAL INSTITUTION; (VI) ANY TRANSFER LIMITATIONS SET BY A THIRD-PARTY NETWORK FINANCIAL INSTITUTION; (VII) LIABILITY ARISING FROM THE RECEIPT OR NON-RECEIPT OF THIRD-PARTY NOTIFICATIONS SENT TO A RECEIVER’S EMAIL ADDRESSES OR MOBILE PHONE NUMBERS PROVIDED TO US; OR (VIII) ANY OTHER MATTER RELATING TO THE ZELLE® PAYMENT SERVICES DESCRIBED OR PROVIDED, EVEN IF WE OR ZELLE® HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE ZELLE® PAYMENT SERVICE OR WITH THE TERMS OF THIS ANNEX, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ZELLE® PAYMENT SERVICE.
IN THOSE STATES WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY, ANY LIABILITY OF A STIFEL ENTITY, ZELLE®, OR THEIR OWNERS, DIRECTORS, OFFICERS, AND AGENTS, OR THE NETWORK FINANCIAL INSTITUTIONS’ LIABILITY IN THOSE STATES, IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED ONE HUNDRED DOLLARS ($100.00).
To the extent the limitations in this Section are less restrictive (or protective) than, or otherwise conflict with, any applicable limitation of liability in the body of the Agreement (including Section 17 (Limitation of Liability)), the other more restrictive limitation in this Agreement shall apply.
You agree that you, and not we or Zelle®, will be responsible for resolving any payment dispute with any User to whom you send or receive money through the Zelle® Payment Service, except as otherwise provided by law or regulation. You release the Stifel Entities and Zelle® and their respective affiliates and Third-Party Providers, and the employees and contractors of each of these, from any and all claims, demands, and damages (actual and consequential) of every kind and nature arising out of or in any way connected with any dispute that may arise between you or one or more other Users of the Platform or the Zelle® Payment Service. In addition, if applicable to you, you waive California Civil Code §1542, which states that a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if not known by him must have materially affected his settlement with the debtor.
You acknowledge and agree that you are personally responsible for your conduct while using the Zelle® Payment Service and, except as otherwise provided in this Agreement, you agree to indemnify, defend, and hold harmless the Stifel Entities and Zelle®, and their owners, directors, officers, agents, and Network Financial Institutions from and against all claims, losses, expenses, damages, and costs (including, but not limited to, direct, incidental, consequential, exemplary, and indirect damages), and reasonable attorney’s fees, resulting from or arising out of your use, misuse, errors, or inability to use the Zelle® Payment Service, or any violation by you of the terms of this Agreement. The indemnification obligation in this Section is meant to supplement any indemnification otherwise provided in the body of the Agreement, and this indemnification shall not be construed to co-extend with, reduce, or impede any other indemnification obligation in this Agreement.
You agree to access the Platform in compliance with our terms and conditions that we make available elsewhere on the Platform, which are incorporated into and made part of this Agreement by this reference.
Immediately following your discovery of an unauthorized Zelle® Payment Service Payment Instruction, you shall communicate with customer care for the Zelle® Payment Service by contacting (866) 697-8433 or info@stifel.com. You acknowledge and agree that time is of the essence in such situations. The best way to minimize your loss is to contact us immediately. If you do not notify us within sixty (60) days after your monthly financial institution statement which shows the unauthorized Zelle® Payment Service Payment Transaction has been sent to you, you may lose any amount transferred without your authorization after the sixty (60) days if we can prove that we could have stopped someone from taking the money had you told us in time. If a good reason (such as a long trip or a hospital stay) prevented you from telling us, we will extend the time periods specified above to a reasonable period.
When you give someone your password or other means to access your account through which you access the Zelle® Payment Service, you are authorizing that person to use your service, and you are responsible for all transactions that person performs while using your service. All transactions that person performs, even those transactions you did not intend or want performed, are authorized transactions. Additionally, transactions that you or someone acting with you initiates with fraudulent intent are also authorized transactions.
Note: The liability rules in this Section only apply to Eligible Transaction Accounts used for personal, family, and household purposes.
You understand and agree that any dispute arising from the Zelle® Payment Service or an individual payment shall be subject to binding arbitration according to Section 16 (Terms of Use) of the body of the Agreement and the following, and you acknowledge and agree that for any claims or disputes you assert against Zelle® and Early Warning Services, LLC, Zelle® and Early Warning Services, LLC are entitled to enforce such terms against you. Arbitration will be initiated through Judicial Arbitration and Mediation Services (“JAMS”) or through the American Arbitration Association (“AAA”) or an established alternative dispute resolution (ADR) administrator mutually agreed upon by the parties. You and we agree that the following rules shall apply: (a) the arbitration may be conducted telephonically, online, and/or be solely based on written submissions in accordance with applicable arbitrator rules; (b) the arbitration shall not involve any personal appearance by the parties, their representatives or witnesses unless otherwise mutually agreed by the parties; (c) discovery shall not be permitted; (d) the matter shall be submitted for decision within ninety (90) days of initiation of arbitration, unless otherwise agreed by the parties, and the arbitrator must render a decision within thirty (30) days of submission; and (e) any award in such arbitration shall be final and binding upon the parties and may be submitted to any court of competent jurisdiction for confirmation. The parties acknowledge that remedies available under federal, state, and local laws remain available through arbitration. NO CLASS ACTION, OTHER REPRESENTATIVE ACTION, OR PRIVATE ATTORNEY GENERAL ACTION, OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON SHALL BE ALLOWABLE IN ARBITRATION.
Zelle® and the Zelle® related marks are wholly owned by Early Warning Services, LLC and are used herein under license.
Last updated August 2024
This Secure Communications Services Annex (this “Annex”) is part of and subject to the Agreement, and sets forth those terms applicable solely to Stifel’s Secure Communications Services (defined below). In the event of any conflict between the terms of this Annex and the body of the Agreement, the terms of this Annex apply solely with respect to the Secure Communications Services. Capitalized terms not defined in this Annex have the meaning specified in the Agreement. This Annex is applicable to you if and to the extent you receive and use the Secure Communications Services.
The “Secure Communications Services,” consisting of Document Sharing, My Vault, and Secure Messaging offerings, as they are available to you, allow you to upload and store documents to your associated User Profile, to share documents with your Stifel financial advisor, advisor team, account co-owners, or designated Third-Party Individuals (a “Recipient”), and to send secure messages with or without document attachments to your Stifel financial advisor or advisor team.
When an uploaded document (a “Document”) is made available (“Shared”) to a Recipient, you consent to allow that Recipient to access, view, and/or download the Shared Document. You may subsequently remove/delete a Document or change the status, as available, of any Document so that it is no longer Shared, but you acknowledge and agree that such change will only apply prospectively to sharing of the copy of the Document in your User Profile, and will not affect any copy of the Document already downloaded by the Recipient prior to the change in Shared status.
If you have permissioned Wealth Tracker to Share any Documents or other data with a Recipient, Stifel assumes no responsibility for the use or handling of such Documents by the Recipient or while it is in the possession or control of the Recipient. You acknowledge and agree that Stifel and its affiliates cannot control, and are not responsible and have no liability for, any actions of any Recipient that you designate, or how such Recipient may use or disclose your Documents or their contents. Any information disclosed to your financial advisor through the Secure Communications Services will be subject to any confidentiality and other obligations applicable to disclosures to your Stifel financial advisor, under the applicable terms of the agreement between you and your financial advisor as set out in the Stifel Account Agreement and Disclosure Booklet.
When you Share Documents using the Secure Communications Services, the Platform may enable you to include comments or other communications that will be transmitted to the Recipient with whom you Share the Document, and also permit you to exchange secure messages with Recipients (collectively, “Communications”). This Communication feature is provided to you through the Secure Communications Services only as a convenience, and you are not permitted, and you agree not to, use this Communication feature to request, authorize, or effect the purchase or sale of any securities or other investments, to send funds transfers instructions, or for any other communications related to a financial transaction that require real-time communication or more formal written authorization in accordance with applicable law or Stifel policies. Any such requests, orders, or instructions that you send in contravention of this paragraph will not be accepted and will not be processed by your financial advisor or other Recipient. Stifel will not be responsible for any such Communications, whether received or not received by the Recipient, or for any loss or damage that could result from your requests, orders, or instructions not being accepted or processed.
The Secure Communications Services are provided only as a convenience to you. You acknowledge and agree that when you upload a Document to your User Profile, and/or when you elect to Share any uploaded Document or Communication with a Recipient, you do so at your own risk. You acknowledge and agree that Stifel and its affiliates cannot control, and are not responsible and have no liability for, how such Recipient may use or disclose your Communications or Documents or their contents. Further, we reserve the right to reject any upload of, or suspend access to or remove, any Document or Communication (a) that does not meet the formatting, size, or other requirements established for the Secure Communications Services, (b) that we believe contains any virus or malware, (c) that contains content or materials prohibited by Section 4(f) of this Agreement, or (d) that otherwise violates the terms of this Agreement.
Notwithstanding anything to the contrary herein, you acknowledge that, if required under applicable law, we may disclose any Documents contained in your User Profile and your Communications, including to comply with a subpoena, court order, or request from a government agency or law enforcement authority.
The Secure Communications Services are not meant as a sole repository for important documents. You must always maintain your own copies of all Documents you upload to your User Profile in a separate, secure manner for your own records and safety. The Secure Communications Services are not meant to be used as the sole means for communicating important or critical information to Recipients. You should always confirm with a Recipient via a separate method that messages with legal or other significant effects have been received and understood. IN NO EVENT WILL STIFEL OR ITS AFFILIATES BE LIABLE TO YOU FOR THE LOSS OR NON-RECEIPT OF ANY DOCUMENT OR COMMUNICATION, INCLUDING DUE TO DELETION OR REMOVAL FROM YOUR USER PROFILE.
As between you and Stifel, all Documents that you upload to the User Profile and your Communications are Your Data (as defined in Section 8 of this Agreement) and subject to the terms of this Agreement, including without limitation Sections 8, 10, 13, and 14.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, WE MAKE NO WARRANTY THAT THE SECURE COMMUNICATIONS SERVICES WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU ACKNOWLEDGE THAT DELIVERY OF DOCUMENTS THROUGH THE INTERNET AND CLOUD STORAGE IS NOT PRIVATE AND MAY NOT BE SECURE, AND THAT THERE ARE SECURITY, RELIABILITY, DATA CORRUPTION, TRANSMISSION ERROR, ACCESSIBILITY, AVAILABILITY, AND RELATED RISKS ASSOCIATED WITH USE OF THE SECURE COMMUNICATIONS SERVICES. IN NO EVENT WILL STIFEL OR ITS AFFILIATES BE LIABLE TO YOU FOR THE FAILURE OF A DOCUMENT OR COMMUNICATION TO REACH AN INTENDED RECIPIENT IN A TIMELY, COMPLETE, OR ACCURATE MANNER. If you elect to use the Secure Communications Services, you assume all such risks and agree that, to the maximum extent permitted by applicable law, we are not responsible for any unauthorized access, systems outages, delays, disruptions in telecommunications services and the internet, errors, data loss, data corruption, inability to use, or other problems that may arise in connection with your Documents or Communications or your use of the Secure Communications Services.