Terms of Use
Please note: You must contact North Shore Private Data Services to receive a Customer Code.
Welcome to North Shore Private Data Services, the secure way to manage your personal financial information. You are just steps away from enjoying North Shore Private Data Services' powerful new wealth management system, designed to help you track, manage and organize your financial information from one convenient location. Before you get started, we ask that read the important Terms of Use Agreement below. You will be required to indicate that you have read, understand, and accept the Terms of Use Agreement. We look forward to welcoming you as a North Shore Private Data Services client.
Terms of Use Agreement
1. Agreement and Acceptance Of Terms
This Terms of Use Agreement, along with any exhibits, disclosures, or amendments to this Agreement, (this “Agreement”) sets forth the terms and conditions under which North Shore Private Data Services, LLC (collectively, “North Shore Private Data Services,”"NSPDS", “we” or “us”) allows you the non-exclusive, limited right, access and use of the NSPDS offerings, which together constitute the “Service(s)”. “Affiliate” means any individual or entity controlling, controlled by or under common control with North Shore Private Data Services, where “control” means the ability to direct the management of North Shore Private Data Services or the entity in question, as the context requires.
In this Agreement, our “Privacy Policy” which tells you how we gather, use, disclose and manage the information which you provide us, is included as Exhibit A.
Please read the terms carefully and indicate your agreement to be bound by this Agreement and Privacy Policy, by joining you accept terms.
You understand that:
- By accepting this Agreement, or by using the Services provided by North Shore Private Data Services, you represent that you have the capacity to be and agree to be bound by this Agreement.
- While the software tools and information provided by NSPDS may provide significant assistance 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. PLEASE DO NOT MAKE ANY SECURITIES TRADING DECISIONS BASED ON THE INORMATION PROVIDED BY NSPDS.
- Both this Agreement and NSPDS’s privacy policy may be amended from time to time in the future at the sole discretion of NSPDS. You will be provided notice of any such amendments.
- You may not use the Services and you may not accept this Agreement if you are not of a legal age of at least 18 years.
- You will not have access to the Services offered by NSPDS if you DO NOT AGREE to all the terms of this Agreement, our privacy policy and any future amendments thereto.
- Personal financial management, personal productivity, investment performance and security software products related to the Services are provided to NSPDS under agreement with third party providers.
2. About North Shore Private Data Services
NSPDS was founded to simplify financial reporting for investors. We provide the services once reserved for only the ultra-wealthy. This type of "family office" service is now available for individual investors through the power of technology. North Shore has harnessed multiple, powerful software platforms to link your investment, banking, insurance, credit card, airline/hotel awards, to your own secure financial website. All in one place, and delivered right to your computer.
NSPDS operates as a branchless service organization, providing personalized services to customers throughout the United States.
NSPDS is an Illinois corporation, headquartered in Lake Forest, IL. NSPDS has two additional operating affiliates:
- North Shore Private Asset Management, LLC: North Shore Private Asset Management (“NSPAM”) is a full-service investment advisory firm, founded in 2004 to serve high net-worth clients and their families.
- North Shore Private Tax Services, LLC: North Shore Private Tax Services (“NSPTS”) offers tax preparation and planning. Our tax professionals are available to assist with your individual, business and estate tax issues.
3. Description of our Services
Our goal is to provide you with personal financial management service that will help you protect, track, and manage your investments from one convenient place.
Acting as your authorized agent, NSPDS, on its own and/or through various third-party providers will retrieve your financial account information from your third-party financial institutions, in order to provide you with a more complete financial picture, financial insights, and more control of your money. We may also offer you personalized investment advisory and/or financial planning services through NSPAM, please read NSPAM's Form ADV disclosure brochure, available at www.nsprivateam.com, which explains this separate service in more detail. As well, you may be offered tax preparation and planning services through NSPTS.
Our Services are delivered to you across the Internet, and may be accessible through a browser software plug-in, select smart phones, and select tablet devices. Some Services may be delivered only on specific devices as described in the applicable Service exhibit as provided by North Shore Private Data Services. At the sole discretion of NSPDS, and for select customers only, additional Services may be offered or solicited through a personal advisor (“Personal Advisor”). All Personal Advisors are registered investment advisor representatives of NSPAM.
By using the Services, you understand and acknowledge that the investment results you could obtain from investment information and insights provided by NSPDS cannot be guaranteed, all investments entail a risk of loss and that you may lose your 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 information insights we provide through this Service may provide significant assistance in helping you manage your finances, you should consult with a professional investment advisor, including an advisor from NSPAM that can be consulted under a separate service, before making investment decisions or deciding on significant changes to your personal financial strategy.
All services will be billed on an annual basis in advance on the same date as the initial paid service commences (i.e., after the 30-day trial period) and will be billed to the credit card registered for the free trial. A representative of North Shore Private Data Services will provide you with a customer code, which will determine the amount your credit card is charged annually for your chosen service level. All customers are required to retain a valid credit card on file for annual and ancillary charges per this agreement with NSPDS.
Investor Website service will include Wealth Management System access for up to 10 accounts, as well as set-up support for the first 30 days of paid service. Bronze-level customers will not receive any telephone or other support after the 30-day support period has expired. Bronze-level customers receive 2MB of vault storage as part of the paid service level.
Family Office service will include Wealth Management System access for an unlimited number of accounts, quarterly performance reports (for up to 5 investment accounts as delineated by account number), and unlimited set-up support. Silver-level customers will receive 10MB of vault storage as part of the paid service level.
Family Office + service will include Wealth Management System access for an unlimited number of accounts, monthly and quarterly performance reports (for up to 10 investment accounts as delineated by account number), unlimited reports on demand and unlimited set-up support. Gold-level customers will receive 50MB of vault storage as part of the paid service level.
Any customer exceeding the vault storage for their paid service level will be charged $125 annually and will receive 1GB of vault storage. This is a non-refundable fee, even if vault usage drops below the service level maximum after the fee is charged.
All investment accounts to be included in performance reporting must be cleared through North Shore Private Data Services.
We may continue to add new Services, new delivery options, and features over time, with the objective of providing you with a robust and unparalleled financial services and personal productivity experience. New Services which you use and access may be subject to additional terms and conditions, as specified in exhibits, amendments, schedules or disclosures as posted by NSPDS.
Subject to the terms of this Agreement, NSPDS grants you a revocable, non-transferable, non-exclusive limited license to use those portions of the Service to which you are granted access.
4. Privacy and Your Personal Information
For more details on how your personal information will be used and protected by NSPDS, please see the Privacy Policy section of this document. This policy explains how we protect your personal information and how we can utilize your personal information to deliver the Services. Our Privacy Policy may be updated from time to time at our discretion. Changes to our Privacy Policy will be effective upon posting to our website. NSPDS also contracts with third-party service providers to deliver certain software platforms utilized by NSPDS clients. You may receive a copy of our third-party service provider's privacy policies by contacting us at info@nsprivate.com and submitting your request, in writing.
5. Cost of Service
Your use of the Service is offered pursuant to the subscription level chosen. We may offer you additional Services, in which you may elect to participate for an additional fee. If you elect to participate in additional Services, you may need to execute a client agreement, including a fee schedule, any applicable additional terms of use, and a method of payment which you must authorize before access to the additional Services. By using the applicable Services and providing us a method of payment for the applicable Services, you accept the cost of the Service. North Shore Private Data Services reserves the right, in its sole discretion, to amend or change it pricing policy for its current Services or any additional services that we may offer. If you choose to pay for any NSPDS service via credit card or direct bank account debit, you will be responsible for any and all charges levied by the credit card companies or your banking institution in processing your transaction.
6. Your Registration Information
In order to use the Services described in this Agreement, you will need to create a NSPDS (“Account”). To establish an Account you may need to provide personally identifiable information (“Personal Information”) that’s collected on the secure "Enroll Now" page. This may include, but is not limited to, such information as your name, email address, login information, password and telephone contact information. Required registration information may change from time to time.
7. Acting As Your Authorized Agent
By accessing and using the Services, you expressly authorize and direct NSPDS, on your behalf, to electronically retrieve your account information maintained by third-party financial institutions with which you have a legally binding customer relationship (“Account Information”). NSPDS may work with one or more third party financial service technology providers to access retrieve and store your Account Information.
When you use the Connection feature of the Services, you will be directly connected to your third-party financial institution’s website. NSPDS will submit your information, including usernames and passwords, to log you into the site. You hereby authorize and permit NSPDS to use and store your personal information (such as account passwords and user login) to accomplish retrieve your data. For purposes of this Agreement and solely to provide the Account Information to you as part of the Services, you grant NSPDS a limited power of attorney, and appoint NSPDS as your attorney-in-fact and agent, with full power of substitution and re-substitution, for you and in your name, place and stead, in any and all capacities, to access third party sites, servers or documents, retrieve information and use your information 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 could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN NORTH SHORE PRIVATE DATA SERVICES IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD PARTY SITES, NORTH SHORE PRIVATE DATA SERVICES IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE 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.
8. Data and Data Integrity
The overall integrity and quality of the data presented by North Shore Private Data Services to you is an important element in providing you with an accurate picture of your personal finances. North Shore Private Data Services, however, is not responsible for and cannot guarantee the accuracy or timeliness of Account Information that 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. North Shore Private Data Services is not responsible for the financial or other products and services offered by or on third-party sites that are displayed or reported through this Service.
North Shore Private Data Services 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. North Shore Private Data Services assumes no responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings. North Shore Private Data Services 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.
9. Other Obligations While You Use the Services
Confidentiality: You agree and understand that you are responsible for maintaining the confidentiality of your Login information and password. You should also maintain appropriate antivirus and anti-malware software on your computer, so that your Login information is not compromised through your own negligence. If you receive evidence that someone has committed fraud by accessing your online North Shore Private Data Services Account you must contact us IMMEDIATELY at info@nsprivate.com.
Accurate and Up-to-Date Information: Our Services depend on your providing us with complete, accurate and up-to-date information, both now and in the future about yourself and your accounts. In turn, we will provide you with online security as described in our Privacy Policy. Those assurances are conditioned upon your provision of correct contact and account information to us, and never misrepresenting to us your identity or account registration information (e.g., for the use of your third-party websites and accounts). It is the client's responsibility to notify NSPDS, in writing, of any changes in your personal financial accounts, holdings, or other information relevant to the services provided by NSPDS.
By providing us with your e-mail address, you agree to receive all required notices electronically at that e-mail address. It is your responsibility to provide us with advance notice if your email address has changed.
Your Status. You agree that you are at least eighteen (18) years old, a US resident and legally capable of entering into contracts.
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, transmitting, or publishing your Login or passwords; (ii) use our Services or any of your accounts for illegal purposes, (iii) use our Services to transmit anything that is unlawful, libelous, intended to harass or violate the rights of another; (iv) resell or make any commercial use of the Services, as they are intended solely for your use as an end user; (v) reverse engineer or decompile any technology associated with the 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 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) transfer or resell our Services.
Consent to Recording. You consent to the recording of any written correspondence and any or all telephone conversations between you, us and any of our Affiliates in connection with this Agreement 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 all financial insights or investment advice that we provided to you.
10. Confidentiality and Feedback
We always welcome your correspondence, feedback, comments, complaints and suggestions (collectively, “Feedback”) as this will help us improve our Services. As we develop the Services, you agree that all such 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. With respect to the Feedback, you grant us a worldwide, nonexclusive, royalty-free, perpetual and irrevocable right and license to use, edit and excerpt such Feedback for any purpose, including without limitation incorporation of such Feedback into our Services. Feedback may be submitted to info@nsprivate.com.
11. Third Party Software and Service Providers
To facilitate our provision of the Services, we license software, tools and services from third-party providers. From time to time, we may revise this Agreement as requested by our third party providers and require that you agree to additional pass through terms with respect to such third party providers. In the event that any use of the services of such third party providers’ results in you leaving our site and entering the site of a third party provider, then you will be subject to the terms of service or use and the privacy policy of such third party provider, so please review such terms carefully. Also, when you use or access the sites of your financial services providers, you will be subject to their terms of use/service and online policies, and your use of their services constitutes your agreement to their online terms and policies.
12. Financial Services and Third-Party Offers
North Shore Private Data Services is not a registered investment advisor nor a broker-dealer. NSPDS does not offer investment advice. However, an affiliated company, North Shore Private Asset Management, LLC ("NSPAM") does offer investment advice and financial planning services. You may be offered investment advice and/or financial planning services via NSPAM. Please consult NSPAM's form ADV brochure for more information. The brochure is available on NSPAM's website: www.nsprivateam.com. Another affiliated company, North Shore Private Tax Services, LLC ("NSPTS) does offer tax preparation and planning services. You may be offered tax preparation and planning services via NSPTS. You can learn more about NSPTS by accessing its website at www.nsprivatetax.com. Both investment and tax advice are made available at an additional cost above and beyond any/all fees charged by NSPDS.
North Shore Private Asset Management, LLC: As aforementioned, and for an additional fee, NSPAM may offer you investment advice and or an invitation to have your money managed directly by NSPAM. NSPAM is a registered investment adviser based in Lake Forest, IL. Investment advice provided by NSPAM refers to any recommendations, suggestions, analysis, or opinions given to you through a Personal Advisor concerning buying, selling, holding, evaluating or analyzing any security or related type of investment. Investment advice provided by NSPAM also refers to any recommendations, suggestions, analysis, or opinions given to clients of NSPAM through the Services concerning buying, selling, holding, evaluating or analyzing any security or related type of investment. NSPAM may also offer you financial planning services through one of it's Personal Advisors.
Financial information and wealth management tools provided to clients of NSPDS through the Services are not considered investment advice nor financial planning provided by NSPAM. You should consider whether to separately consult with a professional investment adviser and/or financial planner in making investment and/or financial planning decisions based on the software tools provided as part of the Services.
NSPAM can provide more extensive advisory services, such as discretionary money management and/or financial planning under a separate agreement with you. Any investment advice and/or financial planning offered through NSPAM requires the client to pay an additional fee above and beyond any fees charged by North Shore Private Data Services. North Shore Private Asset Management reserves the right to negotiate it's fees.
North Shore Private Tax Services, LLC: : As aforementioned, and for an additional fee, North Shore Private Tax Services may offer you tax planning advice and or an invitation to have your taxes prepared by NSPTS. North Shore Private Tax Services is a tax preparation and planning firm based in Chicago, IL. NSPTS is a not a registered investment adviser nor a broker-dealer. Tax advice and planning provided by NSPAM refers to any recommendations, suggestions, analysis, or opinions given to you through a tax advisor at NSPTS concerning any tax preparation or analysis. Tax advice provided by NSPTS also refers to any recommendations, suggestions, analysis, or opinions given to clients of NSPTS concerning your income, business or estate tax situation. North Shore Private Tax Services is not a legal advisor. If you are in need of legal services, you should consult a licensed attorney, in your state.
North Shore Private Data Services is not a tax or legal advisor. NSPDS does not offer any tax or legal advice. However, as mentioned above, an affiliated company, North Shore Private Tax Services, LLC, ("NSPTS") does offer tax preparation services and advice. You may be offered tax planning and advice via NSPTS. Please consult NSPTS' website for more information at www.nsprivatetax.com. All services provided by NSPTS require the client to pay an additional fee above and beyond any fees charged by North Shore Private Data Services. North Shore Private Tax Services reserves the right to negotiate it's fees.
North Shore Private Data Services 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 North Shore Private Data Services third party offer is sponsored or when a third party compensates North Shore Private Data Services in connection with the sponsored offer.
13. Ownership, Copyright, and Trademark
The contents of the Services, including but not limited to our web site, browser software plug-in, smart phone software and tablet software, are either owned or licensed by us from third party licensors. Such contents include the look and feel of our web site, all our promotional materials, and in general include all text, graphics, photographs, illustrations, images, videos, tutorials, notices, 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. As part of the Services, we grant you a nonexclusive, limited, royalty-free license during the term of this Agreement to use our web site content strictly to facilitate your personal, non-commercial use of our Services. North Shore Private Data Services and the North Shore Private Data Services logo are our trademarks and service marks. 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 or information without our express, written consent. You also agree not to remove any of our copyright or trademark notices from the information we provide to you as part of the Services.
14. Disclaimer of Representation and Warranty
NORTH SHORE PRIVATE DATA SERVICES AND ITS AFFILIATES, LICENSORS AND AGENTS REPRESENTS THAT THE NORTH SHORE PRIVATE DATA SERVICES SYSTEMS, SERVICES AND THE SITE ARE “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. NORTH SHORE PRIVATE DATA SERVICES, AND ITS AFFILIATES, LICENSORS AND AGENTS ASSUME NO RESPONSIBILITY FOR ERRORS OR OMISSIONS MADE BY YOU, OR ERRORS OR OMISSIONS IN THE CONTENT, INFORMATION OR OTHER DOCUMENTS WHICH ARE REFERENCED BY OR LINKED TO THE SERVICES AND/OR THE SITE. WITH RESPECT TO THE NORTH SHORE PRIVATE DATA SERVICES PRODUCT OFFERINGS, SERVICES AND THE SITE, AND ALL CONTENT, DATA AND INFORMATION IN RELATION THERETO, NORTH SHORE PRIVATE DATA SERVICES AND ITS AFFILIATES, LICENSORS AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOUR USE OF THE SERVICES 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, NORTH SHORE PRIVATE DATA SERVICES AND ITS AFFILIATES, 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 NORTH SHORE PRIVATE DATA SERVICES’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 NORTH SHORE PRIVATE DATA SERVICES 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 NORTH SHORE PRIVATE DATA SERVICES NOR ITS CONTENT PROVIDERS SHALL BE RESPONSIBLE FOR INVESTMENT AND OTHER FINANCIAL DECISIONS, DAMAGES, OR OTHER LOSSES RESULTING FROM USE OF THIS WEB SITE. NEITHER NORTH SHORE PRIVATE DATA SERVICES NOR ITS CONTENT PROVIDERS SHALL BE CONSIDERED AN "EXPERT" UNDER THE SECURITIES ACT OF 1933. NEITHER NORTH SHORE PRIVATE DATA SERVICES NOR ITS CONTENT PROVIDERS WARRANT THAT THIS WEB 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.
15. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIABILITY OF NORTH SHORE PRIVATE DATA SERVICES, ITS AFFILIATES, LICENSORS AND AGENTS TO YOU SHALL NOT EXCEED THE U.S. DOLLAR AMOUNT OF THE ANNUAL SUBSCRIPTION CHOSEN. NORTH SHORE PRIVATE DATA SERVICES AND ITS AFFILIATES, LICENSORS AND AGENTS SHALL NOT IN ANY EVENT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT 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 LOSSES, EVEN IF NORTH SHORE PRIVATE DATA SERVICES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE USE OR INABILITY TO USE THE SERVICES 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, EVENT 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 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.
16. Ending Your Relationship with North Shore Private Data Services
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 for the Services.
Please use the directions below to close your account:
Email info@nsprivate.com from the email address associated with your North Shore Private Data Services 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 will only continue to retain such information is we are required by law to retain. All requests to cancel services with NSPDS must be made, in writing.
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 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.
17. Governing Law and Venue
This Agreement and any Services provided hereunder will be governed exclusively by the laws applicable in the State of Illinois, 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 Lake County, Illinois or federal court for the Northern District of Illnois with respect to any dispute or litigation arising under this Agreement or as the result of any Services.
18. Arbitration
Any dispute, claim or controversy arising out of or relating to 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 in Chicago, Illlinois before a sole arbitrator(s), and the arbitrator shall apply the laws applicable in the State of Illinois. Judgment on the award may be entered in any court having jurisdiction in Chicago. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. 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.
19. Change of Terms
We may revise this Agreement at any time, and therefore we suggest that you check this Agreement, regularly. 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 Terms of Use on our web site, and you agree that any of these means of our communicating a change in the Terms of Use constitutes adequate notice to you. Your continued use of the Services indicates your agreement to be bound by any such revisions.
20. Indemnification
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 the our Services and/or our web site, your violation of this Agreement, your infringement of any intellectual property rights (including without limitation relating to your secret image that you selected for authentication purposes), 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.
21. Your Electronic Disclosure Consent
To enroll for use of our Services, you must consent to receive all notices and information regarding North Shore Private Data Services products and services, electronically. Electronic communications may be posted on our web site and/or delivered to your registered e-mail 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 revoke your consent by notifying us of your decision to do so. If you revoke your consent to receive communications electronically, we will terminate your right to use our Services. It is your responsibility to provide us with true, accurate and complete e-mail addresses, contact and other information related to this disclosure and to maintain and update promptly any changes in this information. We will treat your provision of an invalid e-mail address or any subsequent problems of delivery to a previously valid e-mail address as a withdrawal of your consent to receive electronic communications. 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 will provide you notice thereof in accordance with applicable law.
22. Not a Legal or Tax Advisor.
We make monitoring your personal financial information as streamlined as possible. However, neither we nor our Services give, offer or render tax or legal advice. Before making financial or investment decisions, we recommend that you contact an investment advisor, or tax or legal professional. NSPAM separately offers and provides investment advice; NSPTS separately offers and provides tax advice.
23. Assignment.
We have the right to assign or transfer this Agreement, in whole or in part, to any other entity without your consent, at any time during the term of this Agreement. You will be notified of any such assignment or transfer. You have no right to assign or transfer this Agreement or your rights or obligations hereunder.
24. Entire Agreement.
The Agreement, including the attached Privacy Policy and any other documents referred to herein, represents the entire understanding between both you and us regarding the Services 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 exhibit, amendment, schedule, or disclosure, the terms of the exhibit, amendment, schedule, or disclosure shall prevail but, solely as to the subject matter herein.
Exhibit A - Privacy Policy
Security Precautions
We employ various measures to secure your personally identifiable information and financial information. When you or your advisor send information to us via NSPDS's or third-party systems, communication is protected (for further details on such encryption, see our Security Information document). E-mails sent to us are not secure and we make no representation that any data contained in an e-mail sent to us will be secure. Thus, if your communication contains sensitive or confidential information or financial information, you should send it to us via regular mail. Except as otherwise set forth in this Privacy Policy, we restrict access to customer data to those employees who need to know that information to provide products or services to you.
NSPDS utilizes various third-party software to provide Services to its clients. As such, each third-party service provider has a different internal privacy policy. You may request a copy of a third-party service provider by contacting us at info@nsprivate.com. All third-party privacy policy requests must be made, in writing.
Personal Information Collected
NSPDS's systems collect a very limited amount of personally identifiable information about you via its web sites. At this time, NSPDS's systems only collect directly from you your email address, a response to a security question, as well as necessary account information and login credentials for use with the account aggregation function.
However, depending on your level of service (e.g., Bronze level service), your advisor may collect extensive information from you concerning you, your family and your finances. The data collected includes, but is not limited to, name, address, phone number and information required to calculate a net worth statement. This data is normally entered by the advisor into and stored in NSPDS's online systems. and used by your advisor to generate financial, retirement and estate plans.
Disclosure of Your Personal Information
Our privacy policy is simple. We do not disclose or share the information that we collect from you or that is otherwise entered into NSPDS's Wealth Management and/ or Investment Performance System concerning you except: (1) NSPDS's makes all information stored in our system concerning you accessible to your financial advisor and, if applicable, the financial institution with which he or she is affiliated and/or your advisor’s alliance partners (as more particularly described in the Terms of Service); (2) to our vendors (such as hosting providers and the vendor of the account aggregation service) as necessary to provide NSPDS's services to you or your advisor; and (3) as necessary to comply with legally required disclosures such as disclosures made in response to a subpoena. When we disclose your data to our vendors, it is done under an obligation of confidentiality and we only disclose as much of the information as is necessary to provide our service to you. You should refer to the privacy policies of your advisor and their affiliated institutions concerning their use and disclosure of your information.
Changing Your Information
With respect to account aggregation information, just log into the system and make whatever changes and deletions you desire to the accounts you have established. All other information can only be changed or removed through your advisor. Please contact your advisor if you want to change or remove information concerning you that is stored in NSPDS's Wealth Management System.
Cookies
A cookie is a piece of data stored on a user's hard drive containing information about the user. NSPDS's Wealth Management System uses session cookies containing encrypted or encoded information. Session cookies allow us to process your online requests. Session cookies also help us to validate who you are after you have logged into NSPDS's Wealth Management System. Session cookies exist during an online session. Session cookies become invalid when you completely close your browser software for the session in which they were created.
Other Web Sites
NSPDS's Wealth Management System may contain links to other web sites. We are not responsible for the privacy practices or the content of these other web sites. If you use a link to another web site, you should consult the privacy notice for the site you visit. We have no control over the information that is submitted to, or collected by, other web sites and we are not responsible for the content of any linked site or any link contained in a linked site, or any changes or updates to such sites. This privacy statement applies solely to information collected by us or otherwise stored in NSPDS's Wealth Management System.
Data Concerning Your Use of NSPDS's Systems Web Sites
NSPDS's systems collect information concerning your use of NSPDS's online web sites including, but not limited to, the dates you logged into the web site, the areas of the web site you visited, the links to other web sites that you click and the period of time you were logged into NSPDS's online systems web site. NSPDS's uses this data to, among other things, understand its users activities on its site, track data necessary for payment in relation to sponsored links and determine ways to enhance its web sites. NSPDS's systems vendors may share this information with other third parties; provided that they not disclose this information in a way that would disclose your identity or other personally identifiable information except in accordance with the section labeled Disclosure of Your Personal Information.
Revisions to This Privacy Statement
We may modify, amend, add or delete the terms of this Privacy Statement at any time. If NSPDS's Wealth Management System modifies this Privacy Statement, NSPDS will notify you by postal mail or an email that provides a link to the modified Privacy Statement or some other method (such as by placing a conspicuous notice of the new Privacy Statement on the web site or by presenting you with a web page containing an electronic copy of the Privacy Statement) that provides fair notice of the promulgation of the modified Privacy Policy.
Effective Date
This Privacy Statement is effective as of May 8, 2012.