1. Description of our Services
Our goal is to provide you (a User, as defined below and also referred to as “you” or “your”) with a personalized money management solution for a better financial life. Our services (“Services”) are comprised of the following features, delivered to you through our Dashboard, marketing partners, and through communications with our professionals, as follows:
Financial account aggregation
We offer financial account aggregation, where Personal Capital, acting as your authorized agent, will retrieve your financial account information, such as your account balances, transactions and holdings, from financial institutions that you designate. Financial account aggregation is an optional Service you may utilize by providing financial account credentials, allowing us to securely connect with third-party financial institutions to present your financial information on our Dashboard. Our account aggregation Services are regularly refreshed, providing you with up-to-date financial account information
Your financial account information, collected through account aggregation or manual account information that you provide, is used to display your consolidated financial picture. Financial visualizations include charts, detailed transactional data and other financial account data that we present to you, summarizing your financial life at a glance.
Your financial account information, along with optional personal and financial information that you may provide, are used to generate financial insights. We utilize your aggregated account data, along with stated assumptions or information that you provide, to share important financial observations that can make you aware of your overall financial picture and opportunities to improve it.
You may be eligible to receive a free financial consultation from one of our registered investment advisors. The consultation is optional and may be offered directly to eligible Dashboard users or through our marketing partners. A financial consultation is a personalized analysis of your financial situation, based on the information gathered from your use of our Dashboard or interactively with a registered advisor, to make you aware of potential risks and opportunities within your current financial situation. Your participation in this Service may result in an offer to enroll in our wealth management services, which are separate from the free financial consultation Service.
2. About Personal Capital
Personal Capital Corporation is a Delaware corporation, established October 22, 2009, and headquartered in Redwood City, CA. Personal Capital Corporation is a wholly owned subsidiary of Empower Holdings, LLC, and has two operating subsidiaries:
- Personal Capital Advisors Corporation: Personal Capital Advisors Corporation (“PCAC”) provides discretionary and non-discretionary investment advisory services to retail investors, and operates as an investment advisor registered with the Securities and Exchange Commission (“the SEC”) under the Investment Advisers Act of 1940, as amended. Any investment advisory services are offered only by PCAC.
- Personal Capital Services Corporation: Personal Capital Services Corporation (“PCSC”) manages our Personal Capital Cash Program, which provides services to customers who have opened a Personal Capital Cash Program account.
Personal Capital Corporation and/or its affiliates (“Personal Capital”, “we”, “us” or “our”) provide a complete financial solution for a better financial life. Our award-winning Dashboard provides tools to understand your whole financial picture, up-to-date, at a glance from one secure place. Additionally, PCAC offers personalized investment portfolios, based on an understanding of your financial situation and goals. Our offerings are designed to reduce the stress of meeting your financial goals and tracking your financial affairs, allowing you to enjoy life on your terms.
3. Agreement and Acceptance Of Terms
Some of our Services are provided through Personal Capital and others through our affiliates as described in Section 2 herein. This Agreement is in addition to any other separate agreements between you and PCAC for the wealth management services it provides to Clients or PCSC for the services it provides to Personal Capital Cash customers, as applicable.
- You are able to enter into legally binding contracts, and you agree that this Agreement legally binds you in the same manner that a signed, written, paper contract does. You may not use the Dashboard or Services in any manner or attempt to access the Dashboard or any Service if you are not willing to be bound and abide by this Agreement.
- WE ARE NOT RESPONSIBLE FOR AND DO NOT GUARANTEE THE ACCURACY, TIMELINESS, COMPLETENESS OR USEFULNESS OF ANY DATA OR OTHER CONTENT OBTAINED FROM THIRD-PARTY SOURCES (“THIRD PARTY CONTENT”) THAT IS DISPLAYED OR REPORTED THROUGH THE DASHBOARD, SITE OR SERVICES. We do not explicitly or implicitly endorse or approve Third Party Content. Reliance on Third Party Content available on or through the Dashboard, Site or Services is at your own risk. While the Dashboard, Site and Services provided by Personal Capital may provide significant assistance in helping you manage your finances, you should consult with a professional financial advisor before making investment decisions or deciding on significant changes to your personal financial strategy.
- The Dashboard, Site and Services are intended to be accessed and used only by individuals that have reached the legal age of majority in the jurisdiction where they reside, which may be 18 years or older, depending on the jurisdiction. You may not use or access this Dashboard, the Site or any Service unless you have reached the legal age of majority in the jurisdiction where you are a resident.
4. Your Registration Information
5. Your Electronic Disclosure Consent
By providing your email to enroll for use of the Dashboard and our Services, you consent to receive all notices and information regarding the Dashboard, our Services and other offerings electronically. Electronic communications may be posted on our Dashboard and/or delivered to your registered email address. All communications in electronic format will be considered to be in “writing,” and to have been received no later than five (5) business days after posting or dissemination, whether or not you have received or retrieved the communication. Your consent to receive communications electronically is valid until you end your relationship with Personal Capital as stated in Section 18. It is your responsibility to provide us with true, accurate and complete email addresses and contact and other information related to this disclosure, and to maintain and update promptly any changes to this information. You may print a copy of any electronic communications and retain it for your records. We reserve the right to terminate or change the terms and conditions on which we provide electronic communications, and we will provide you notice thereof in accordance with applicable law.
6. Automated Calls, Pre-Recorded Voice Messages, and SMS/Text Messaging
You may receive calls and/or SMS/text messages from Personal Capital about account-related news and alerts and/or promotional and marketing offers for Personal Capital and its affiliates’ products and services. By enrolling for use of the Dashboard or any of Personal Capital or its affiliates’ products or services, you agree to receive such calls and/or text messages from Personal Capital and its affiliates to the phone number you provided, and you certify that your number provided is correct and that you are authorized to enroll the designated number to receive such calls and/or text messages. You acknowledge and agree that the calls and/or text messages may be sent using an automatic telephone dialing system or pre-recorded voice messages and that standard message and data rates may apply. Consent to receive calls or text messages for promotional purposes is not required as a condition of purchase or use of the Services, and you may unsubscribe from such calls or texts at any time as described in the next paragraph. The calls or text messaging may not be compatible with all phone models and standard message and data rates may apply. Personal Capital is not responsible for any delays upon sending or receiving text messages.
To unsubscribe from receiving promotional text messages at any time reply STOP, END or QUIT to any text message you receive from Personal Capital and its affiliates. You may unsubscribe from receiving promotional calls at any time by contacting us at 855-823-3040 or [email protected]
You consent that following such a request to unsubscribe, you may receive one final text message from Personal Capital and its affiliates confirming your request. Note that unsubscribing from promotional and/or account-related calls or texts will not prevent Personal Capital and its affiliates from sending you text messages or calling you for transactional, security, and/or authentication purposes.
7. Dashboard and Services - Disclaimers
By using the Dashboard and the Services, you understand and acknowledge that the investment results that you could obtain from investment information and financial insights provided by Personal Capital cannot be guaranteed. 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 that we provide may assist in helping you manage your finances, you should consult with a professional investment advisor before making investment decisions or deciding on significant changes to your personal financial strategy.
At the sole discretion of Personal Capital, and for select users only, wealth management services may be offered or solicited through a personal advisor (“Personal Advisor”). All Personal Advisors are registered investment advisor representatives of PCAC. Your election to become a Client is subject to your explicit enrollment and acceptance of a separate agreement and related fee schedule; all such wealth management services are separate from the Dashboard and related Services defined within this Agreement. Please read the disclosure brochure, available at www.personalcapital.com, which explains our separate wealth management services in more detail.
8. Acting As Your Authorized Agent
FOR PURPOSES OF THIS AGREEMENT AND SOLELY TO OBTAIN AND PROVIDE THE ACCOUNT INFORMATION TO YOU AS PART OF THE SERVICES, YOU GRANT PERSONAL CAPITAL A LIMITED POWER OF ATTORNEY, AND APPOINT PERSONAL CAPITAL AS YOUR ATTORNEY-IN-FACT AND AGENT.
YOU ACKNOWLEDGE AND AGREE THAT WHEN PERSONAL CAPITAL IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD PARTY SITES, PERSONAL CAPITAL IS ACTING AS YOUR AGENT WITH LIMITED POWER OF ATTORNEY, AND NOT AS THE AGENT OF OR ON BEHALF OF ANY THIRD PARTY. YOU AGREE THAT THIRD-PARTY ACCOUNT PROVIDERS SHALL BE ENTITLED TO RELY ON THE FOREGOING AUTHORIZATION, AGENCY AND POWER OF ATTORNEY GRANTED BY YOU. You understand that the Services are not endorsed or sponsored by any third-party account providers accessible through the Services.
9. Cost of Service
Your use of the Dashboard and related Services are offered free of charge. We may offer you additional services, such as wealth management services provided by PCAC, which you may elect to participate in, for a fee. Personal Capital reserves the right, at its sole discretion, to amend or change its pricing policy for its current Services or any additional services that we may offer.
10. Data and Data Integrity
The overall integrity and quality of the data presented by Personal Capital to you is an important element in providing you with a high quality and accurate picture of your personal finances. Personal Capital, however, is not responsible for and cannot guarantee the accuracy or timeliness of Account Information we retrieve on your behalf directly from third-party technology providers, from third-party financial institutions where your accounts are held, or from third-party research/market data providers used to provide the Services.
Personal Capital may not be able foresee or anticipate technical or other difficulties which may result in failure to obtain data, personalization settings or other service interruptions. Personal Capital 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. Personal Capital encourages you to periodically confirm the valuation or execution price of particular investments through independent sources, such as an investment adviser, broker-dealer or other financial institution.
11. Other Obligations While You Use the Dashboard and the Services
Confidentiality: You agree and understand that you are responsible for maintaining the confidentiality of your Account’s login information and password. You should also maintain appropriate anti-virus and anti-malware software on your computer, so that your Account login information is not compromised through your own negligence. If you receive evidence that someone has committed fraud by accessing your Account you must contact us IMMEDIATELY at [email protected].
You agree that you will NOT do any of the following: (i) engage in behavior that will put your personal information at unnecessary risk, such as leaving in public, transmitting, or publishing your Login or passwords; (ii) use our Dashboard, Services or any of your accounts for illegal purposes, (iii) use our Dashboard or Services to transmit anything that is unlawful, libelous, intended to harass or violate the rights of another; (iv) transfer, resell or make any commercial use of the Dashboard or Services, as they are intended solely for your use as an end user; (v) reverse engineer or decompile any technology associated with the Dashboard or Services, including, but not limited to, any software applications, Java applets or plug-ins associated with the Services; (vi) use any robot, spider, webcrawler, scraper, deep link or similar automated extraction or data gathering mechanism, program or tool to access, copy or monitor our Dashboard or Services or any portion thereof without our prior written consent; (vii) post or transmit any file or email which contains viruses, worms, Trojan horses or any other damaging or destructive elements; or (viii) create/register accounts or aggregate financial institutions with the Service through unauthorized means, including, but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
Consent to Recording. You consent to the recording of any electronic or written correspondence, communication, or interaction, and any or all telephone conversations between you, us and any of our affiliates in connection with this Agreement or the Services. Your consent is ongoing and need not be confirmed prior to or during such recording, except to the extent that applicable law expressly requires otherwise. You agree and understand that such recordings may be submitted as evidence in any legal proceeding relating to this Agreement. For compliance and regulatory purposes, we reserve the right to keep an audit trail of all financial insights or investment advice that we have provided to you.
12. Confidentiality and Feedback
We always welcome your correspondence, feedback, comments, complaints and suggestions (collectively, “Feedback”) as this will help us improve our Services. You agree that all Feedback becomes our confidential information (“Confidential Information”). In addition, any of our trade secrets, computer software, product specifications as well as any non-public technical, financial or business information that we share with you is also our Confidential Information. You agree not to disclose or share any of our Confidential Information with any third party, including, without limitation, any members of the press or colleagues. Feedback may be submitted to [email protected].
13. Third Party Software and Service Providers
14. Financial Services and Third-Party Offers
Investment advice provided by PCAC refers to any recommendations, suggestions, analysis or opinions given to Clients through a Personal Advisor concerning buying, selling, holding, evaluating or analyzing any security or related type of investment. Investment advice provided by PCAC also refers to any recommendations, suggestions, analysis or opinions given to Clients through the Services concerning buying, selling, holding, evaluating or analyzing any security or related type of investment.
You understand and agree that any insights you may gain through your use of the Dashboard or our Services is not deemed financial or investment advice. PCAC can provide more extensive advisory services, such as discretionary money management, under a separate advisory agreement with you.
Personal Capital and Third-Party Offers: Some parts of the Services may, either today or in the future, be supported by advertising or marketing partnership relationships. We will always disclose when a particular Personal Capital third-party offer is sponsored or when a third party compensates Personal Capital in connection with the sponsored offer.
15. Ownership, Copyright, and Trademark
The technology and content used to offer, or provided in connection with, the Services, including, but not limited to, our Dashboard, browser software plug-in, smartphone software and tablet software, are either owned by us or licensed by us from third-party licensors. Such content includes the look and feel of our Dashboard, all of our promotional materials and, in general, include all text, graphics, photographs, illustrations, images, videos, tutorials, notices, software and other content, which are protected by the copyright law of the United States and international treaties, trademark and patent laws, and other intellectual property laws. As part of the Services, we grant you a nonexclusive, non-transferable, limited, royalty-free, revocable license during the term of this Agreement to use our Dashboard content strictly to facilitate your personal, non-commercial use of our Services. Personal Capital, the Personal Capital logo and other marks are our registered trademarks and service marks. For a list of trademarks, see Trademarks. All other product names and company logos found on promotional materials are the trademarks or service marks of their respective owners. Except as indicated in this paragraph, 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 trademarks without our express written consent.
Our open source software disclosure can be found here.
16. Disclaimer of Representation and Warranty; Disclaimer of Liability
NOTWITHSTANDING ANYTHING STATED IN THIS AGREEMENT TO THE CONTRARY, PERSONAL CAPITAL, LICENSORS AND AGENTS REPRESENT THAT THE PERSONAL CAPITAL SERVICES, THE DASHBOARD AND THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. PERSONAL CAPITAL, ITS LICENSORS AND AGENTS ASSUME NO RESPONSIBILITY FOR ERRORS OR OMISSIONS MADE BY YOU, OR ERRORS OR OMISSIONS IN THE CONTENT, INFORMATION OR OTHER DATA AND DOCUMENTS WHICH ARE REFERENCED BY, LINKED TO OR PROVIDED BY OR THROUGH THE SERVICES, THE DASHBOARD AND/OR THE SITE. PERSONAL CAPITAL, ITS LICENSORS AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND REGARDING THE DASHBOARD, THE SITE AND SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE FROM THE SERVICES, WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITATION, PERSONAL CAPITAL DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOUR USE OF THE SERVICES, THE DASHBOARD AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM OUR SITE IS AT YOUR SOLE RISK.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PERSONAL CAPITAL, ITS LICENSORS AND AGENTS WILL NOT BE LIABLE FOR THE ACCURACY OR RELIABILITY OF ANY DATA, INFORMATION OR CONTENT, FOR ANY SERVICES INTERRUPTIONS, OR FOR ANY FAILURE OR DELAY RESULTING FROM ANY ACTS OF FORCE MAJEURE OR ACTS THAT ARE OTHERWISE OUTSIDE OF PERSONAL CAPITAL’S OR ITS LICENSORS’ OR AGENTS’ REASONABLE CONTROL, OR ANY INTERNET OR TELECOMMUNICATIONS FAILURE OR YOUR INABILITY TO ACCESS THE SERVICES OR THE SITE. NOR CAN PERSONAL CAPITAL OR ITS AFFILIATES, LICENSORS OR AGENTS GUARANTEE THE COMPLETE SECURITY OF THE SERVICES OR THE SITE, 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 SERVICES OR THE SITE 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. IN ADDITION, WE CANNOT ALWAYS ANTICIPATE TECHNICAL OR OTHER DIFFICULTIES WITH THE SERVICES, EITHER PRESENTLY OR AS THEY EVOLVE; THE SERVICES MAY CONTAIN BUGS, ERRORS OR OTHER PROBLEMS, WHICH MAY RESULT IN LOSS OF DATA OR SETTINGS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES; ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NEITHER PERSONAL CAPITAL NOR ITS CONTENT PROVIDERS SHALL BE RESPONSIBLE FOR INVESTMENT AND OTHER FINANCIAL DECISIONS, DAMAGES, OR OTHER LOSSES RESULTING FROM USE OF THIS WEBSITE. NEITHER PERSONAL CAPITAL NOR ITS CONTENT PROVIDERS WARRANT THAT THE SITE 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.
17. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CUMULATIVE LIABILITY OF PERSONAL CAPITAL, ITS AFFILIATES, LICENSORS AND AGENTS TO YOU FOR ACTUAL DIRECT DAMAGES SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100). PERSONAL CAPITAL, ITS LICENSORS AND AGENTS SHALL NOT IN ANY EVENT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR DAMAGES MEASURED BY LOST PROFITS, OR FOR DAMAGES FOR LOST OPPORTUNITY, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA OR OTHER INTANGIBLE OR SPECULATIVE LOSSES, EVEN IF PERSONAL CAPITAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE USE OR INABILITY TO USE THE SERVICES, THE DASHBOARD, OR THE SITE; 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 THIRD PARTY ACCOUNT PROVIDER SITE, EVEN IF THE PROVIDER HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR ANY PROVIDER OR THIRD PARTY WEBSITE, OR ANY OTHER MATTER RELATING TO THE SERVICES, THE DASHBOARD, OR THE SITE. 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.
THE SERVICES, THE SITE AND THE DASHBOARD MAY BE AVAILABLE THROUGH A COMPATIBLE MOBILE DEVICE, INTERNET AND/OR NETWORK ACCESS AND MAY REQUIRE SOFTWARE. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THESE REQUIREMENTS, INCLUDING ANY APPLICABLE CHANGES, UPDATES AND FEES, AS WELL AS THE TERMS OF YOUR AGREEMENT WITH YOUR MOBILE DEVICE AND TELECOMMUNICATIONS PROVIDER. PERSONAL CAPITAL MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
18. Ending Your Relationship with Personal Capital
This Agreement will continue to apply until terminated by either you or us as set out below. If you want to terminate your legal agreement with us, you may do so by closing your Account.
Please use the directions below to close your Account:
Email [email protected] from the email address associated with your Account, indicating “CANCEL” in the subject line of the message. After confirming you are the Account owner, we will remove your accounts, transactions and login information from our records, and we will only continue to retain such information as we are required by law to retain.
We reserve the right to terminate our legal agreement with you (by providing an email notice of such termination): (i) if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to or are unable to comply with the provisions of this Agreement); (ii) if we believe we are required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); (iii) if we no longer offer any of the Services that you utilize; (iv) if you no longer agree to the terms and conditions of this Agreement; or (v) for any other reason or no reason, in our sole and absolute discretion. The termination of this Agreement will not affect any of our rights and obligations to each other arising under this Agreement prior to termination.
19. Governing Law and Venue
This Agreement and any Services provided hereunder will be governed exclusively by the laws applicable in the State of Colorado, excluding its provisions on conflicts or choice of law. Subject to the arbitration provision below, you irrevocably and unconditionally consent to submit to the exclusive jurisdiction and venue of the state courts in Denver, Colorado or federal district court for Colorado with respect to any dispute or litigation arising under this Agreement or as the result of any Services.
ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THE SERVICES, ANY MARKETING ACTIVITIES, OUR WEBSITES AND/OR THIS AGREEMENT OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION OR VALIDITY THEREOF, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE DETERMINED BY BINDING ARBITRATION RATHER THAN A COURT, IN DENVER, COLORADO BEFORE A SOLE ARBITRATOR. THE ARBITRATION SHALL BE ADMINISTERED BY JAMS PURSUANT TO STREAMLINED ARBITRATION RULES AND PROCEDURES, AND THE ARBITRATOR SHALL APPLY THE LAWS APPLICABLE IN THE STATE OF COLORADO. JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION AS SPECIFIED ABOVE UNDER “GOVERNING LAW AND VENUE.” THIS CLAUSE SHALL NOT PRECLUDE PARTIES FROM SEEKING INJUNCTIONS OR OTHER FORMS OF EQUITABLE RELIEF OR PROVISIONAL REMEDIES IN AID OF ARBITRATION FROM A COURT OF APPROPRIATE JURISDICTION. YOU AGREE THAT ALL DISPUTES MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. BY ENTERING INTO THIS AGREEMENT AND AGREEING TO ARBITRATION, YOU AGREE THAT YOU ARE WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY. IN ADDITION, YOU AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR LITIGATE ON A CLASS-WIDE BASIS. YOU AGREE THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS. IN ANY ARBITRATION, THE ARBITRATOR MAY, IN THE AWARD, ALLOCATE ALL OR PART OF THE COSTS OF THE ARBITRATION, INCLUDING THE FEES OF THE ARBITRATOR AND THE REASONABLE ATTORNEYS’ FEES OF THE PREVAILING PARTY, AND SHALL DETERMINE THE PREVAILING PARTY FOR THIS PURPOSE.
21. Claims of Copyright and Trademark Infringement
If you believe that your intellectual property is being used on the website or the Dashboard in a way that constitutes copyright infringement, please provide our Designated Agent (set forth below) the following information (as required by Section 512(c)(3) of the Digital Millennium Copyright Act):
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Personal Capital to locate the material on our website or the Dashboard;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address, if different from your registered profile with Personal Capital;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you, your agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The information specified above must be sent to Personal Capital’s Designated Agent, whose contact information is as follows:
Attention: Privacy & Security
Personal Capital Corporation and its affiliates
3 Lagoon Drive
Redwood City, CA 94065
Call toll-free 855-855-8005
Email us at [email protected]
Please note that Section 512(f) of the Digital Millennium Copyright Act may impose liability for damages on any person who knowingly sends meritless notices of infringement. Please do not make false claims. Any information or correspondence that you provide may be shared with third parties, including the person who provided the allegedly infringing material. Upon receipt of a bona fide infringement notification by the Designated Agent, we will remove or disable access to the infringing material, notify the user that it has removed or disabled access to the material, and, for repeat offenders, to terminate such user's access to the Service.
If you believe that your content should not have been removed for alleged copyright infringement, you may send Personal Capital’s Designated Agent a written counter-notice with the following information:
- Identification of the copyrighted work that was removed, and the location on the website or Dashboard where it would have been found prior to its removal;
- A statement, under penalty of perjury, that you have a good faith belief that the content was removed as a result of a mistake or misidentification; and
- Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).
If a counter-notice is received by the Designated Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at our discretion.
22. Change of Terms
We may revise this Agreement at any time, and therefore we suggest that you periodically review this Agreement as provided on our Site. We may notify you of any changes at the e-mail address associated with your Account, and you agree to accept email communications, links to and/or our posting of any revised Agreement on our Dashboard, and you agree that any of these means of our communicating a change in the Agreement constitutes adequate notice to you. Your continued access or use of the Dashboard or any of the Services indicates your agreement to be bound by any such revisions.
You agree to indemnify, defend and hold us and any of our affiliates, licensors and agents, and all of their officers, directors, employees, agents, information providers and licensors harmless from and against any and all third-party claims, damages, liability and costs (including attorneys’ fees and costs) incurred by any of these parties that arise out of or are caused by your use of our Services and/or our Dashboard, your violation of this Agreement, your infringement of any intellectual property rights, or violation by any user of your Account. 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.
24. Not an Investment, Legal or Tax Advisor
We make managing your personal finances convenient and as streamlined as possible. However, neither we nor our Services give, offer or render investment, financial, tax or legal advice. Before making financial or investment decisions, we recommend that you contact an investment advisor, or tax or legal professional. PCAC can separately offer and provide investment advice under a separate advisory agreement with you.
25. Waiver and Severability
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.
26. Section Headings
Section headings in this Agreement are for convenience of reference only, and shall not govern the interpretation of any provision of this Agreement.
27. User Referral Program
Personal Capital’s Referral Program (the “Referral Program”) allows users (“Referring User(s)”) to receive benefits in the form of referral incentives (“User Incentive(s)”) by referring friends (“Referred Friend(s)”) to become new users of Personal Capital’s Dashboard.
The Referral Program is only available to friends who are first-time users of the Dashboard and link a valid investment account as described in this section. Investment accounts that have already been linked to any Personal Capital user account are ineligible. Personal Capital user accounts that have previously been closed or deleted are also ineligible.
If a Referred Friend successfully completes the required enrollment process as described in this section, both the Referring User and the Referred Friend will qualify to receive User Incentives. User Incentives may include offers for gift cards, Personal Capital Cash funds, physical goods, access to live or online events, or donations to organizations. The scope, variety, type, or amount of User Incentives may change and vary by promotion and will be disclosed in promotional materials. User Incentives may be delivered by physical mail or electronically to the registered emails of Referring Users and Referred Friends. Personal Capital employees are not eligible to receive User Incentives.
Clients may also participate in the Referral Program. If a Client refers a friend who becomes a Client with an account balance of $250,000 or more, both the Client (“Referring Client(s)”) and the Referred Friend may receive additional promotional referral incentives (“Client Incentive(s)”) from PCAC in the form of 6 months of free advisory services for both the Referring Client and the Referred Friend who becomes a trading client of PCAC. Referred Friends who receive a Client Incentive as a result of becoming trading clients must maintain a minimum qualifying account balance of $250,000 (minus any losses related to trading or market volatility, or margin debit balances) with PCAC during the term of the 6-month free period. Additionally, if a Referring Client refers a Referred Friend who becomes a Client with an account balance of $100,000 to $249,999.99, both the Referring Client and the Referred Friend may receive additional promotional referral incentives (“Additional Client Incentive(s)”) from PCAC in the form of 2 months of free advisory services for both the Referring Client and the Referred Friend who becomes a trading client of PCAC. Referred Friends who receive the Additional Client Incentives as a result of becoming trading Clients must maintain a minimum qualifying account balance of $100,000 (minus any losses related to trading or market volatility, or margin debit balances) with PCAC during the term of the 2-month free period. No increased management fees or additional fees will be charged to the Referred Friend who becomes a client of PCAC as a result of participating in the Referral Program. PCAC’s Part 2A Form ADV brochure can be found here. Personal Capital employees are not eligible to receive Client Incentives. Notwithstanding the foregoing provisions, Clients’ participation in the Referral Program is subject to and governed by the terms and conditions of the Client’s separate advisory agreement with PCAC.
Promotions offered through the Referral Program are not valid with any other offers. Except as required by law, User Incentives cannot be transferred for value or redeemed for cash. The Referral Program is available only to U.S. residents. User Incentives are void where prohibited. Unless otherwise specified, third parties, including those whose names may be associated with certain User Incentives, are not sponsors of the Referral Program or any other Personal Capital promotion or offer.
Because you may be compensated with free months of advisory services in relation to the Referral Program or a promotion, you must confirm that you are not disqualified from giving a paid testimonial under the standards set forth by the SEC. By participating in the Referral Program or any applicable promotion, you attest that you have never been the subject of any SEC opinion or order barring, suspending, or prohibiting you from acting in any capacity under the federal securities laws nor are you subject to a finding, order, or conviction by a United States court, the SEC, or any financial regulatory agency. You agree to notify PCAC promptly if you become disqualified by any of the foregoing at any time.
Additional Referral Program terms
Referring Users may not receive more than 30 User Incentives in 30 days and may not receive more than 100 total lifetime User Incentives.
Referring Users and Referred Friends may be issued IRS Form 1099-MISC tax forms for User Incentives that collectively exceed $600 in value. As a result of participating in the Referral Program, Referring Users and Referred Friends may be subject to tax reporting and are responsible for tax obligations arising from the receipt of User Incentives.
Referring Users agree not to: use individualized referral links for commercial purposes; make individualized referral links available to the general public via commercial websites (e.g., blogs, Reddit, Craigslist, coupon websites, Wikipedia); use paid social media, paid searches, or any other paid advertising to distribute individualized referral links; send individualized referral links to any deals, coupon, bonus, or rewards email distribution lists; spam anyone with referral invitations, including mass emailing, texting, or messaging individuals that the Referring Users do not know; or use automated systems, bots, or programmed scripts to distribute, post, or share individualized referral links.
Personal Capital is not responsible for incorrect entries of information, failure to use a Referring User’s individualized referral link, or any other failure on the part of Referred Friends to meet the standards for qualifying for User Incentives. Using an ad blocker may adversely affect Personal Capital’s ability to determine account eligibility for the Referral Program. Final determination of eligibility for promotions offered by the Referral Program will be at the sole discretion of Personal Capital.
Individuals who participate in Personal Capital’s Affiliate Program may not participate in the Referral Program.
Personal Capital may update the terms of the Referral Program at any time without prior notice. If Personal Capital modifies the terms of the Referral Program, it will post the modification on Personal Capital’s website, which will become effective upon posting. Continued participation in the Referral Program after any modification will constitute consent to such modification.
More information on Personal Capital Cash, including terms and disclosures, can be found here.
You may not delegate, transfer or assign the terms and conditions or any of your rights and obligations under this Agreement (by operation of law or otherwise) without our prior written consent, and any prohibited assignment will be null and void. We may delegate, transfer or assign this Agreement or some or all of our rights and obligations hereunder, in our sole discretion, to any of our affiliates or subsidiaries.
This Agreement and any consents or approvals provided herein shall be applicable to all successors and assigns of Personal Capital.
29. Entire Agreement