Baird Online Terms of Use
The following Baird Online Terms of Use (the "Terms" or this "Agreement") shall govern any access and use of certain electronic services of Robert W. Baird & Co. Incorporated or its affiliates (collectively, "Baird"), including but not limited to Baird Online and other Baird websites, mobile applications and digital systems and the services made available through any such platform (collectively, "Baird Online").
Each person accessing Baird Online (each a "User") agrees to comply with these Terms, which shall supplement any existing agreement(s) between User and Baird. As used in these Terms, "User" shall include any person or entity accessing Baird Online, individually, and each other party on whose behalf such persons or entities are accessing Baird Online.
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Baird Online Services
Baird Online provides detailed market information, account information, educational and market tools, including market news, U.S. market commentaries, mutual fund data, stock watch, stock-finding tools, portfolio tracking and other information and services. Baird Online services are provided by Baird and may not be used by any User or any other third party in any jurisdiction where such provision or use violates applicable law, rule or regulation. Provision of access to Baird Online to a User shall not constitute an offer to provide investment advisory, brokerage or other services by Baird in a jurisdiction where Baird is not licensed to conduct such activities. Users may be required to agree to additional terms to access certain features or services of Baird Online.
Users must have a valid e-mail address and the ability to download the applications required by Baird from time to time in order to access Baird Online. Users agree to immediately notify Baird via Baird Online or Client's Baird Financial Advisor that such User's e-mail address has changed or is no longer valid. Users understand and agree that Baird is not responsible for the access or lack of access to any e-mail address provided to Baird and that Users are fully responsible for providing a valid e-mail.
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Users
Users are solely responsible for maintaining the confidentiality of any usernames, passwords, authentication codes, devices or similar information (collectively, "Passwords"). Users are solely responsible for all transmissions, instructions, information, processes, click stream data or other communications (collectively, "Electronic Communications") attributable to a User's Passwords. Users agree that any agreement or consent attributable to a User's Passwords will be deemed to be a duly signed writing of such User sufficient to bind such User. Users also agree to be responsible for all liabilities incurred using a User's Passwords. Baird is not liable for access to account information by unauthorized parties whom a User intentionally or unintentionally allows access to Baird Online or a User's e-mail.
Each time a User uses Baird Online, the User represents and warrants as follows: (a) it has the power and authority, including on behalf of any person or entity for whom the User is using Baird Online, to enter into this Agreement and to perform the obligations required thereby; (b) it shall only use Baird Online services in accordance with these Terms and all applicable laws, rules and regulations and, with any applicable account or other agreements with Baird; and (c) it shall not introduce, nor permit any person to introduce, any code, malicious or hidden mechanisms that would impair the operation of Baird Online.
Users shall not share any Passwords with any third party without Baird's approval. Baird shall not be liable to any User for damages of any kind resulting from the User's direct or indirect disclosure of Passwords to any third party. Baird shall not be held responsible for any utilization of a User's Passwords by any third party. Baird may suspend access to Baird Online or change a User's Passwords at any time without notice. Users agree to immediately notify Baird of any actual or suspected lost or stolen Password, or if a User suspects that an unauthorized party is utilizing such information.
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Hardware and Software
Users are responsible for obtaining their own hardware, software and services, such as computers, phones and internet access services, and browsers. Baird does not guarantee or warrant that any part of the Baird Online services are free from viruses or other harmful code. Users agree to take appropriate precautions, such as the use of anti-virus software, to protect User's computer hardware and software. Baird shall not be held responsible for any unavailability of any Baird Online information whether due to problems of Internet access or otherwise. Baird shall also not be held responsible for any defect, malfunction, or interruption in service or security due to any hardware, software of a User or a User's Internet service provider. Baird disclaims any liability arising from the use of third-party software, including financial or tax software, or the content furnished by any third-party software producer, including but not limited to, any resulting information obtained from such use, or interpretations of information from such use.
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Information
Baird Online makes available a wide range of financial and other information Baird obtains from its vendors, agents or other third parties (collectively "Information"). Users acknowledge that (i) such Information is provided "as is" and for informational purposes only, (ii) Baird does not guarantee the accuracy, timelines, completeness of such Information. All information accessed or viewed on Baird Online is strictly confidential and for authorized use only. Users agree that Baird account statements are the official record of account transactions, positions, and balances executed and maintained at Baird.
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Intellectual Property
All text, graphics, trademarks, logos, copyrights, or other licensed content or materials contained on Baird Online is owned, controlled, or licensed by Baird (or other parties indicated therein), and is protected by trade dress, copyright, patent, trademark law, and various other intellectual rights and unfair competition laws. All rights in any licensed material whether these exist or may come into existence are expressly reserved to Baird. Baird grants Users a non-exclusive, non-transferable license to access and use Baird Online in accordance with these Terms. The information and materials found in Baird Online (whether on the Baird Online website in or through a mobile application) shall not be copied, displayed, distributed, downloaded, licensed, modified, published, reposted, reproduced, reused, sold, transmitted, used to create a derivative work, or used for commercial or public purposes.
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Client Accounts
If a User is a current Baird client ("Client"), Baird shall provide Baird Online access to the Client accounts requested by Client from time to time. Baird may provide Baird Online access to third party Users authorized and as requested by a Client. Clients acknowledge that access to Baird Online viewing services includes access to account balances, awards redemption, security portfolio, a historical record of confirmations, account statements and activity, tax and other information. Users acknowledge that any accounts that are accessible via Baird Online, including non-Baird accounts, are subject to removal from Baird Online by Baird in Baird's sole discretion.
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Disclaimer of Warranties
BAIRD ONLINE SERVICES ARE PROVIDED BY BAIRD "AS IS", AND NEITHER BAIRD NOR ANY THIRD PARTY THAT CONTRIBUTES IN ANY MANNER TO THE BAIRD ONLINE SERVICES MAKES ANY REPRESENTATION OR WARRANTY WHATSOEVER, INCLUDING WARRANTIES WITH RESPECT TO THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE BAIRD ONLINE SERVICES; OR THAT THE BAIRD ONLINE SERVICES SHALL BE UNINTERRUPTED OR ERROR FREE. BAIRD AND ANY THIRD PARTY THAT CONTRIBUTES IN ANY MANNER TO THE BAIRD ONLINE SERVICES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE RELATING TO THE BAIRD ONLINE SERVICES. ANY HYPERLINK TO ANOTHER INTERNET SITE IS NOT AND DOES NOT IMPLY AN ENDORSEMENT, INVESTIGATION, VERIFICATION OR MONITORING BY BAIRD OF ANY INFORMATION ON THAT INTERNET SITE.
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Limitation of Liability; Indemnification
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BAIRD, ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE CURRENT AND FORMER OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES (EACH, A "COVERED BAIRD PARTY") HAVE ANY LIABILITY TO A USER OR ANY OTHER PERSON FOR ANY COSTS, LIABILITIES OR DAMAGES OF ANY KIND, WHETHER DIRECT OR INDIRECT,CONSEQUENTIAL OR PUNITIVE (TOGETHER, "COSTS"), ARISING OUT OF, OR IN CONNECTION WITH, A USER'S OR ANY OTHER PERSON'S USE OF, OR INABILITY TO USE, BAIRD ONLINE. THESE LIMITATIONS SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON STATUTE OR ARISING IN CONTRACT, INDEMNITY (OTHER THAN AS PROVIDED HEREIN), WARRANTY, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE), AND REGARDLESS OF WHETHER ANY COVERED BAIRD PARTY KNOWS OR HAS REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN AND WITHOUT LIMITING THE FOREGOING, THE MAXIMUM AGGREGATE LIABILITY OF ALL COVERED BAIRD PARTIES UNDER THIS AGREEMENT AND WITH RESPECT TO THE PROVISION OF BAIRD ONLINE SERVICES TO A USER SHALL NOT EXCEED THE AMOUNT ACTUALLY EARNED BY BAIRD FROM SUCH USER IN CONNECTION WITH BAIRD'S PROVISION OF BAIRD ONLINE TO USER, UNLESS CAUSED DIRECTLY BY A COVERED BAIRD PARTIES' GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. THIS LIMITATION OF LIABILITY IS IN ADDITION TO ANY OTHER LIMITATION PROVIDED IN ANY OTHER AGREEMENT BETWEEN USER AND BAIRD.
Each User agrees to indemnify and hold harmless each Covered Baird Party to the fullest extent permitted by applicable law and regulation from and against all losses, liabilities, costs, or expenses, including reasonable attorneys' fees (collectively "Losses") that a Covered Baird Party may incur caused by or arising out of a User's breach of these Terms, Baird's acceptance or acting or agreeing to act upon electronic communications or instructions or a User's failure to protect User's Passwords. This indemnity shall be in addition to any indemnity rights a Covered Baird Party may have under other applicable agreements with User.
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Electronic Security
Unauthorized use of Baird Online, or misuse of passwords is strictly prohibited and access to and use of passwords is restricted to authorized users only. Users agree to notify Baird immediately in the event a User experiences or suspects any inappropriate or unauthorized access to such User's Account records or communications. Users may learn more about Baird Online's security by visiting Baird's Cybersecurity and Fraud Protection Program
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Privacy and Cookies
Baird may process personal data as part of and/or in connection with a User's access and/or use of this website. This includes using cookies and similar technology to collect information about a User's use of our website and preferences. By accessing or using Baird Online, Users consent to Baird processing personal data and using cookies as further detailed in Privacy Notice. The Privacy Notice contains additional information about how Baird processes personal data, how Baird uses cookies and how a User may reject cookies. Each User acknowledges and agrees that if a User elects to reject any cookies used on Baird Online, some or all parts of Baird Online may not function properly or may not be accessible.