Terms and Conditions for Account Aggregation Service
These Terms are an agreement between you and The Northern Trust Company, Northern Trust N.A., Northern Trust Bank, FSB, Northern Trust Securities, Inc., and Northern Funds ("Northern", "we" or "us").
Our account aggregation service gathers information from outside companies by using information you give us. We have no control over the accuracy and the timeliness of the information these outside companies provide, so we do not take the same level of responsibility for the accuracy of the information you receive from this service as we do for most of the products and services we offer.
1. Acceptance of Terms.
When you click on the "Accept" button on the next page, you agree to these Terms and you consent to receive this Agreement and amendments hereto in electronic form. If you do not agree to all of these Terms, click on the "Decline" button on the next page. If you do not accept these Terms, you will not be entitled to use the service. These Terms may be updated from time to time. Upon any change, we will notify you by electronically mailing you the new or different terms and conditions or by a link to such new or different terms and conditions. If you continue to use the services thereafter, your continued use of the services constitutes acceptance of the changes and an agreement to be bound by this agreement, as amended. If you do not agree to the changes, you agree to discontinue your use of the Service.
2. The Service.
A. Service. We currently provide an account aggregation service that allows users to consolidate and manage their information on the Web. With this service, users may view and maintain information stored at various web sites (the "Service").
B. Service Limitations. We will try very hard to make your experience with Northern a productive one. However, we cannot always foresee or anticipate technical or other difficulties. In addition, we obtain the information we display for you from outside companies, and we are unable to verify the accuracy of the information we obtain from them. These difficulties may result in loss of data, personalization settings or other service interruptions, as well as the possibility of inaccurate data. In any event, the data displayed through the Service may not be the most current data as the data may have changed from the time we obtained the information from the applicable third party sites. The Service will indicate the time when such data was actually retrieved from the third party sites. For these reasons, you agree that Northern's Service is provided "AS IS," without warranties of any kind. Northern does not assume responsibility for the timeliness, accuracy, deletion, misdelivery or failure to store any data, communications or personalization settings.
C. Service Changes and Discontinuation. Northern reserves the right to change or discontinue, temporarily or permanently, the Service at any time without notice.
D. Cancellation. You may cancel the Service at any time by sending a request for cancellation. Upon confirmation of your request, the Service will be cancelled.
3. Rights You Grant Us.
A. Content You Provide. You allow us to use any information, data, passwords, materials or other content (collectively, "Content") you provide through or to us and the Service. We may use, modify, display, distribute and create new material using such Content as allowed by our agreements with you or by law. By submitting Content, you automatically agree, or promise that the owner of such Content has agreed that, without any particular time limit, and without the payment of any fees, we may use the Content for the purposes set out above.
B. Third Party Accounts. You authorize us to access other companies' websites designated by you, on your behalf, to retrieve information requested by you. You hereby authorize and permit us to use information submitted by you to the Service (such as account passwords and user names) to accomplish the foregoing and to configure the Service so that it is compatible with the third party sites for which you submit your information. For all purposes hereof, you hereby grant us a limited power of attorney, and you hereby appoint us as your true and lawful attorneys-in-fact and agents, with full power of substitution and resubstitution, for you and in your name, place and stead, in any and all capacities, to access third party sites, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN WE ARE ACCESSING AND RETRIEVING INFORMATION FROM THIRD PARTY SITES, WE ARE ACTING AS YOUR AGENTS, AND NOT THE AGENTS OR ON BEHALF OF THE THIRD PARTY.
C. Third Party Service Provider. Northern has engaged an independent company, Yodlee.com, Inc. ("Yodlee"), to retrieve information from third party sites and provide the information to us for use in the Service. Accordingly, for purposes of this Section 3, all references to "we" and "us" refer to both Northern and Yodlee. When you submit the information necessary to access third party sites, such as account passwords and user names ("Third Party PIN Information"), Northern will transmit the Third Party PIN Information directly to Yodlee and Yodlee will be responsible for using such information to access the applicable third party sites. Northern will not retain a copy of, and will not have access to, the Third Party PIN Information after it is transmitted to Yodlee. Yodlee has represented to Northern that Yodlee will use information about user account numbers, passwords and account information only for the purpose of delivering the Service. However, Yodlee may use and distribute aggregated data. Aggregated data is data that has been stripped of all information that could be used to identify you and has been combined with other similar data.
4. DISCLAIMER OF WARRANTIES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NORTHERN AND YODLEE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WITHOUT LIMITATION OF THE FOREGOING, NORTHERN AND YODLEE MAKE NO WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (E) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED. NORTHERN HAS NO RESPONSIBILITY TO PROVIDE YOU WITH INVESTMENT ADVICE ON ASSETS NOT UNDER ITS INVESTMENT MANAGEMENT. THE DOWNLOADING OR THE OBTAINING OF ANY MATERIAL THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NORTHERN OR THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
5. LIMITATION OF LIABILITY.
YOU AGREE THAT NEITHER NORTHERN NOR YODLEE WILL BE LIABLE FOR ANY HARMS, WHICH LAWYERS AND COURTS OFTEN CALL DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF NORTHERN OR YODLEE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICE; (B) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (C) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICE; OR (D) ANY OTHER MATTER RELATING TO THE SERVICE.
6. Indemnification.
You agree to protect and fully compensate Northern and Yodlee from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys' fees) caused by or arising from your misuse of the Service, or your violations of these Terms.
7. Termination.
We may terminate your use of the Service at any time.
8. General Private Passport Terms.
The Service is one of the services that you may receive through Northern Trust Private Passport. Accordingly, the Service is also subject to the Legal Terms and Conditions applicable to the Northern Trust Private Passport that you may view by clicking the "Disclosure link" at the bottom of any page.
9. Other.
This agreement cannot be changed or any of Northern's rights waived unless Northern agrees in writing or you continue using the Service following receipt of notice of any changes proposed by Northern. This agreement is personal to you and you may not assign it to anyone. All notices to you shall be in writing and shall be made either via e-mail or conventional mail, at Northern's discretion. Northern may broadcast notices or messages through the Service to inform you of changes to the Terms, the Service, or other matters of importance; such broadcasts shall constitute notice to you. If any provision of these Terms is held to be unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. The Terms will be construed and interpreted in accordance with the internal laws of the state of Illinois.