ALLY INVEST ONLINE SERVICES AGREEMENT (“OISA” or “ONLINE INVESTING TERMS AND CONDITIONS”)
This Ally Invest Online Services Agreement, as amended from time to time, (“Agreement”) governs your use of and access to Ally Invest Securities LLC, Ally Invest Forex LLC, and Ally Invest Advisors Inc. (collectively "Ally Invest") online services. Please read and download, save, and/or print a copy for your records. If you have any questions, you can speak directly with Customer Care by calling 855-880-2559, 24 hours a day, 7 days a week, or visit www.ally.com/invest.
Please read this Agreement carefully. This Agreement includes, among other things:
1. Acceptance of Terms
2. Description of Service
3. General Rules and Obligations
4. Use of Social Media
5. Restricted Access
7. Ownership of Account and Security
8. Disclaimer of Warranties
9. Limitation of Liability
10. Other Exclusions and Limitations
12. U.S. Government Restricted Rights
15. Modifications to Service
1. ACCEPTANCE OF TERMS
These terms apply to the use of the websites owned by Ally Financial Inc. and operated by its affiliates Ally Invest. Your use of the Ally Invest websites (the “Service"), and all Ally Invest online tools, is subject to these ONLINE INVESTING TERMS AND CONDITIONS. Ally Invest reserves the right to update and change the ONLINE INVESTING TERMS AND CONDITIONS from time to time without notice or acceptance by you. By using the Service, you ("You", "Your", the "User") signify your irrevocable acceptance of these ONLINE INVESTING TERMS AND CONDITIONS.
2. DESCRIPTION OF SERVICE
The Service may include or make available the following (collectively, "Content"):
(a) account positions, balances, transactions, history;
(b) general news and information, commentary, research reports and data concerning the financial markets, securities, futures and other subjects;
(c) market data such as quotations for securities and futures transactions and/or last sale information for completed transactions reported in accordance with federal regulations;
(d) financial and investment interactive tools, such as alerts or calculators;
(e) access to blogs, wikis, online conferences, telecasts, webinars, podcasts, bulletin boards and other public forums;
(f) bill payment, account management tools, and information that may be needed for tax preparation; and
(g) investment advice tools.
Some of the Content is supplied by companies or individuals that are not affiliated with Ally Invest ("Content Providers"). Most Content from the Content Providers is available through framed areas or through hyperlinks to the Service and Information Provider's web sites.
3. GENERAL RULES AND OBLIGATIONS
In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. You also understand and agree that the Service may include advertisements and that these advertisements are necessary for Ally Invest to provide the Service. You also understand and agree that the service may include certain communications from Ally Invest, such as service announcements and administrative messages, and that these communications are considered part of Ally Invest membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new feature that augments or enhances the current Service, including the release of new Ally Invest properties, shall be subject to the ONLINE INVESTING TERMS AND CONDITIONS. You agree not to access the Service by any means other than through the interfaces that are provided by Ally Invest for use in accessing the Service. Should you choose to do so, Ally Invest disclaims all responsibility in regard to the results.
Content is provided on an "as is", "as available" basis, and neither Ally Invest nor the Content Providers make any representations as to the suitability of the Service or the materials for any purpose. Ally Invest and the Content Providers expressly disclaim any and all warranties, express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose, title, non-infringement, availability and accuracy with respect to the service and the materials.
Content posted on the Ally Invest website is published as of its stated date or, if no date is stated, the date of first posting. Neither Ally Invest nor the Content Providers have undertaken any duty to update any such information.
Ally Invest provides self-directed investors with discount brokerage services and does not make recommendations or offer investment advice through the Service except for those clients bound by an advisory agreement that receive advice directly from Ally Invest Advisors. You are solely responsible for evaluating the merits and risks associated with the use of any Content on the website before making any decisions based on such Content. You agree not to hold Ally Invest or the Content Providers liable for any possible claim for damages arising from any decision you make based on information made available to you through this Service.
The Content, investment products and services offered on the Web sites are intended for U.S. residents only. They shall not be considered a solicitation to any person in any jurisdiction where such solicitation would be illegal.
Ally Invest does not prepare, edit, or endorse Content from Content Providers. Ally Invest does not guarantee its accuracy, timeliness, completeness or usefulness, and is not responsible or liable for any content, advertising, products, or other materials on or available from third party sites. Use of the Content from Content Providers is at your own risk.
Any price quotes may be delayed twenty (20) minutes or longer, according to the rules and regulations applicable to Exchanges and Content Providers. Neither Ally Invest nor the Content Providers make any representations, warranties or other guarantees as to the accuracy or timeliness of any price quotes. Neither Ally Invest nor the Content Providers make any representations, warranties or other guarantees as to the present or future value or suitability of any sale, trade or other transaction involving any particular security or any other investment.
Content is provided exclusively for personal and noncommercial access and use. The Ally Invest, or Content Providers' company names and logos and all related product and service names, design marks and slogans are the property of the respective company or its affiliates. You are not authorized to use any such name or mark in any advertising, publicity or any other commercial manner. You may not modify, copy, distribute, publish, license or sell any proprietary content or any derivative work based on such content.
Ally Invest and/or the Content Providers may discontinue or modify any category of Content at any time. You release and agree to indemnify and hold harmless Ally Invest and the Content Providers for any loss or damages that may result.
By using the Web sites, you consent to any form of recording and retention of any communication, information and data exchanged between you and Ally Invest or its representatives or agents.
With respect to any additional software that may be made available by Ally Invest in connection with the Service, if you elect to download or access such additional software, you understand that you may have to agree to additional terms and conditions before you use such software.
4. USE OF SOCIAL MEDIAYou acknowledge that you alone are responsible for evaluating the merits and risks associated with the use of Ally Invest systems, services or products. You understand that all investments involve risk, losses may exceed the principal invested, and the past performance of a security, industry, sector, market, or financial product does not guarantee future results or returns. You acknowledge that you have read, understood and accepted the disclosures and these ONLINE INVESTING TERMS AND CONDITIONS that apply to your use of Ally Invest’s website and the Services. You understand that for any questions or concerns regarding a particular trade, service or transaction related to an Ally Invest investment account, you must contact Ally Invest customer service directly. You acknowledge that service questions posed via Social Media may not be handled as promptly as through core service channels during our posted business hours.
You understand that certain regulations prevent Ally Invest from publicly responding to individual customer issues. Your complaints or grievances, relative to a specific transaction or service of Ally Invest, posted on the Social Media may be removed by Ally Invest from public view and addressed through private correspondence with You and in accordance with Financial Industry Regulatory Authority (“FINRA”), National Futures Association (“NFA"), and Securities and Exchange Commission (“SEC”) regulations for customer complaints. For any questions or concerns regarding a particular trade, service or transaction, you must contact Ally Invest customer support directly.
5. RESTRICTED ACCESS
In order to use certain parts of the Service, you must be an Ally Invest customer who has obtained a valid Ally online ID (“Customer”). To open an account, you must provide Ally Invest with certain personal information ("Account Data"). You will choose a password and account designation during the Service's account opening process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Ally Invest of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Ally Invest shall not be liable for any loss or damage arising from your failure to comply with this Section 5. In consideration of use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's account opening and account maintenance processes, and (b) maintain and promptly update your Account Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Ally Invest has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Ally Invest has and retains the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Account holders under 18 years of age are not permitted.
7. OWNERSHIP OF ACCOUNT AND SECURITY
You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account. You agree to immediately notify Ally Invest of any unauthorized uses of the account or any other breaches of security. Ally Invest cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will Ally Invest be liable, in any way, for any acts or omissions by a Customer User or any other site visitor, including any damages of any kind incurred as a result of such acts or omissions.
8. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(A) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ALLY INVEST EXPRESSLY DISCLAIMS 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 NON-INFRINGEMENT.
(B) ALLY INVEST WILL MAKE REASONABLE EFFORTS TO MAINTAIN THE SERVICE; HOWEVER, ALLY INVEST IS NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CUSTOMER INFORMATION OR VENDOR DATA, REVENUE, OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS OR OTHER ERRORS, UNAUTHORIZED USE DUE TO YOUR SHARING OF ACCESS TO THE SERVICE OR FAILURE TO PROPERLY PROTECT YOUR LOG IN INFORMATION, OR OTHER INTERACTION WITH THE SERVICE. ALLY INVEST DOES NOT WARRANT THAT (I) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(D) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE ONLINE INVESTING TERMS AND CONDITIONS.
(E) ANY "MORAL RIGHTS" IN POSTED MATERIAL HAVE BEEN WAIVED.
9. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ALLY INVEST SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, REPORTED EARNINGS, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ALLY INVEST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.
You will not hold Ally Invest and/or Content Providers liable in any way for:
(a) any inaccuracy of, error or delay in, or omission of the Content; or
(b) any loss or damage arising from or occasioned by: i) any error or delay in the transmission of such Content, ii) interruption in any such Content due to any negligent act or omission by any party to any "force majeure" (e.g., flood, extraordinary weather conditions, earthquake or other acts of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications or power failure, equipment or software malfunction), or iii) any other cause beyond the reasonable control of Ally Invest and/or Content Providers, or iv) non-performance.
10. OTHER EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 9 AND 10 MAY NOT APPLY TO YOU. IN SUCH STATES, ALLY INVEST’S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
You agree to indemnify and hold Ally Invest and its parents, subsidiaries, affiliates, directors, officers, agents, co-branders, the Content Providers or other partners, employees and shareholders harmless from and against any and all claims, demands, actions, causes of action, suits, proceedings, losses, damages, costs, and expenses, including reasonable attorneys' fees, arising from or relating to - whether you are a Customer user or not - your access and/or use of, or interaction with, the Content, your use of the Service, your connection to the Service, your violation of the ONLINE INVESTING TERMS AND CONDITIONS, the infringement or violation by you of any intellectual property or other rights of any person or entity, or any act, error, or omission of your use of your account or any user of your account, in connection therewith, including, but not limited to, matters relating to incorrect, incomplete, or misleading information; libel; invasion of privacy; infringement of a copyright, trade name, trademark, service mark, or other intellectual property; any defective product or any injury or damage to person or property caused by any products sold or otherwise distributed through or in connection with the Service; or violation of any applicable law. The User is solely responsible for his or her actions when using the Service, including, but not limited to, costs incurred for Internet access.
12. U.S. GOVERNMENT RESTRICTED RIGHTS
The materials on the Service are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the U.S. Government constitutes acknowledgment of Ally Invest's proprietary rights in them, as applicable.
(a) Notices to you may be made via either electronic mail or regular mail.
(b) The Service may also provide notices of changes to the ONLINE INVESTING TERMS AND CONDITIONS or other matters by displaying notices or links to notices to you generally on the Service.
(c) The ONLINE INVESTING TERMS AND CONDITIONS and the relationship between you and Ally Invest shall be governed by the laws of the State of New York without regard to its conflict of law provisions.
(d) You and Ally Invest agree to submit to the personal and exclusive jurisdiction of the courts located within the State of New York.
(e) The failure of Ally Invest to exercise or enforce any right or provision of the ONLINE INVESTING TERMS AND CONDITIONS shall not constitute a waiver of such right or provision.
(f) The ONLINE INVESTING TERMS AND CONDITIONS constitute the entire agreement between you and Ally Invest and govern your use of the Service, superseding any prior agreements between you and Ally Invest (including, but not limited to, any prior versions of the ONLINE INVESTING TERMS AND CONDITIONS). You also may be subject to additional terms and conditions that may apply when you use affiliate or other Ally Invest services, third-party content or third-party software.
(g) If any provision of the ONLINE INVESTING TERMS AND CONDITIONS or incorporated documents is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the ONLINE INVESTING TERMS AND CONDITIONS remain in full force and effect.
(h) You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the ONLINE INVESTING TERMS AND CONDITIONS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the ONLINE INVESTING TERMS AND CONDITIONS are for convenience only and have no legal or contractual effect.
The Service and/or the Content Providers may provide, or third parties may provide, links to other Internet sites or resources. Because Ally Invest does not have any control over such sites and resources, you acknowledge and agree that Ally Invest is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Ally Invest 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 use of or reliance on, any such Content, goods or services available on or through any such site or resource.
SPECIAL NOTICE: THE LINKED SITES MAY CONTAIN CONTENT AND GRAPHICS THAT CONTAIN EXPLICIT MATERIAL UNSUITABLE FOR MINORS, OR MAY OTHERWISE BE OFFENSIVE. IF YOU ENTER THESE LINKED SITES, YOU ASSERT THAT YOU ARE OF LEGAL ADULT AGE IN YOUR JURISDICTION TO VIEW SUCH MATERIALS AND THE VIEWING, READING, AND/OR DOWNLOADING OF CONTENT FROM THESE LINKED SITES DOES NOT VIOLATE THE COMMUNITY STANDARDS OF YOUR LOCALITY, CITY, TOWN, COUNTY, STATE, PROVINCE, COUNTRY OR OTHER COMMUNITY TO WHICH YOU BELONG, AND/OR FROM WHICH YOU ACCESS THESE LINKED SITES.
Framing of the Web Personal Site is prohibited.
15. MODIFICATIONS TO SERVICE
Ally Invest reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Ally Invest shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Please report any violations of the ONLINE INVESTING TERMS AND CONDITIONS to Ally Invest by sending an e-mail to support@Invest.ally.com.
Ally Invest may at any time revise the ONLINE INVESTING TERMS AND CONDITIONS by updating this document. You agree to be bound by subsequent revisions and agree to review the ONLINE INVESTING TERMS AND CONDITIONS periodically for changes. The most updated version of this document will always be available for your review under the Terms & Conditions link that appears on the Ally Invest website.
©Ally Financial Inc.
06/21/2019- ONLINE INVESTING TERMS AND CONDITIONS – V10