Terms of Service

Last Revised 2/14/2017

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS IN THIS NOTICE.

These Terms of Service (the "Agreement") are made by and between Synovus Securities, Inc. a Georgia corporation (“Synovus”, “our”, “we”, and/or “us”), and the consumer client ("Client", “your”, and/or “you”) of Synovus working with one of Synovus’ financial consultants or financial institution (the " Consultant"). This Agreement sets forth the general terms and conditions of Client's access to and use of this website (the "Service").

Client acknowledges that, as the Service changes, Client may be required to agree to additional terms and conditions as a condition of continued use of the Service. Client further acknowledges that Synovus may change the terms and conditions applicable to use of the Service at any time, without notice or liability. Any changes will be posted on this website, and Client’s access or use of the Service following such changes shall be deemed Client’s acceptance of these changes or updates.

Privilege to Access and Use the Service

During the term of and subject to the terms and conditions of this Agreement, Client may access and use those aspects of the Service intended for access and use by Clients (the "Client Site"). Client shall not (1) access or use any aspect of the Service other than the Client Site; (2) access or use the Service for any purposes other than personal use; or (3) access or use the Service in any unlawful manner or in violation of this Agreement. Client agrees to comply with all applicable laws, rules and regulations when using the Service.

Client understands, acknowledges and agrees that:

• The Consultant has authorized Client to access and use the Client Site. The Consultant or Synovus may at any time, in his, her or its sole discretion, terminate such authorization. Upon notification that the Consultant has terminated his, her or its authorization of Client's use of the Client Site, Synovus may immediately terminate Client's access and use of the Service without notice to Client.
• The Client Site is not a replacement for account statements provided by Synovus or other custodians of Client’s financial accounts. It is important to compare the information on the Client Site with the statements Client receives from Synovus or other custodian(s) for the Client’s account(s), and it is Client's responsibility to do so.
• Synovus retains the right to establish practices and/or limits in connection with the Service, including but not limited to establishing maximum disk space allotted to Client's information and documents stored on Synovus servers.
• The Client Site is provided solely as a convenience to Client.
• Neither Synovus, Consultant, nor the Client Site provides or guarantees any advice regarding insurance or securities or any other financial planning or other financial advice.
• As between Client, Consultant and Synovus, Client is solely responsible for all financial decisions and financial planning made by Client, whether made in connection with use of the Service or otherwise.
• Synovus does not guarantee or warrant that any part of the Service is free of viruses or other harmful code. Client must take appropriate precautions, such as use of an anti-virus software package, to protect his or her computer hardware and software.
• Client is responsible for obtaining his or her own hardware, software and services (such as computers, web browsers and Internet access service) necessary to access and use the Service and for payment of all fees involved in obtaining such hardware, software and services.
• Synovus is not responsible for any loss, damage or injury whatsoever resulting from an interruption in the Client’s electrical power, cable or telephone service, the disconnecting of Client’s cable or telephone line by its local cable or telephone company or from deficiencies in Client’s line quality, or any defect or malfunction of Client’s PC, modem, cable or telephone line.
• Client shall be solely responsible for safeguarding and maintaining the confidentiality of his or her login credentials such as User Name and Password. Client must immediately notify the Consultant if his or her login credentials are compromised. Synovus has no liability for any loss, claim, or other damages that result from unreported or unauthorized use of Client's log on credentials.
• Client acknowledges that the Internet is an open system, and Synovus cannot and does not warrant or guarantee that third parties cannot or will not intercept or monitor Client’s use of the Service.
• Be executing this Agreement and accepting the terms and conditions of this Agreement, Client represents and warrants that Client is at least 18 years of age (19 years if Client is an Alabama resident), and Client is fully authorized to execute this Agreement.

Account Aggregation Service

The Service currently provides an account aggregation function (referred to as “Connections”) that allows Client to view, in a single location on the Client Site, consolidated financial information from such accounts that Client maintains at various financial institutions as Client may designate from time to time ("Outside Accounts").

To use Connections, Client understands and agrees that:

• Connections is not available for all Outside Accounts, all types of accounts and/or for all financial institutions. As such, Synovus’ only obligation is to make available to Client the ability to aggregate such Outside Accounts, and such types of accounts at such financial institutions as may then be available on the Service in Synovus’ sole discretion.
• Financial institutions change their websites from time to time. As a result, an Outside Account that was available may cease to be available to the Service. Synovus has no control over this situation and has no obligation to restore the availability of the Outside Account on the Client Site.
• Client is responsible for designating the Outside Accounts information which Client desires to aggregate.
• For each available Outside Account that Client desires to aggregate on the Client Site, Client must provide Synovus’ third party aggregation vendor with the necessary login credentials to access the Outside Account such as username and password. Client will provide this information through such function and process as Synovus may determine from time to time.
• Synovus will access the website maintained by each third-party financial institution for each Outside Account designated for aggregation in order to retrieve and store the account information within the Outside Account.
• Client grants Synovus authority, with respect to each Outside Account designated for aggregation, to (1) use the login credentials for such Outside Account in order to access the account information within such Outside Account; (2) retrieve the account information within the Outside Account; and (3) store the account information so retrieved and display such information to Client and the Consultant.
• For each Outside Account designated for aggregation, Client represents and warrants to Synovus that (1) Client is the legal owner of the account; (2) Client has the right to disclose his or her login credentials for such Outside Account; and (3) Client has the right to grant Synovus the foregoing authorization.
• Neither Synovus nor Consultant are responsible for any acts, errors, or omissions by the financial institutions at which Client maintains an Outside Account, or for the accuracy of the information provided by such institutions.
• Synovus may terminate Connections at any time without notice to Client.

The Vault

The Service currently provides a service known as the Vault which allows Client to store and retrieve documents on the Client Site. To add a document to the Vault, Client must provide a copy of the document to the Consultant if that document is to be added to a folder contained in the Vault other than a private folder to which the Client may have access. The Consultant is responsible for uploading the document to the Vault. Client understands and agrees that Client will have "view only" access to materials in the Vault that the Consultant has added and that any addition, deletion, modification or organization of Client's documents in the Vault must be processed through the Consultant.

Client understands and agrees that:

• For each document stored in the Vault, Client represents and warrants to Synovus and Consultant that Client lawfully possesses such document and has the authority to have the document uploaded, stored and made retrievable to and from the Vault.
• Client is solely responsible for the content of any document that Client provides for inclusion in the Vault. Client agrees not to use the Vault to store any document or information that is unlawful, offensive, indecent, or otherwise actionable by any third party.
• Neither Synovus nor Consultant are responsible for any use or dissemination of Client's documents by any third parties to whom Client grants authorization to view his or her documents.
• The document storage function is provided to Client as a convenience and may be terminated by Synovus at any time for any reason.
• The documents retained in the document storage service should not be Client's sole copy of such documents. Synovus is not responsible in the event access to the documents in the storage service is lost or suspended.
• Client is responsible for retaining originals of the documents he or she chooses to store in the Vault.

Alliance Partners

In addition to the user roles of Consultant and Client, the Service also provides a user role that allows other service providers to Client, such as Client's banker, accountant or attorney (known as "Alliance Partners"), to access and view all of the information stored by the Service in relation to Client. For example, the Alliance Partner role allows Client to direct the Consultant to permit Client's family lawyer access to Client's information in the Service to assist with estate planning and other needs.

Client understands and agrees that:

• Alliance Partner usage is arranged solely through the Consultant including the creation and assignment of the Alliance Partner's login credentials. It is the responsibility of Client to determine whether and for how long to allow any Alliance Partner to access Client's information.
• Unless and until the Client notifies Consultant in writing that Client wishes to revoke the access privileges of an Alliance Partner, Client hereby consents to Synovus and Consultant allowing such Alliance Partner to access and view any and all of Client's information stored in the Service.
• Neither Synovus nor Consultant shall be liable for any act or omission of the Alliance Partner.
• The Alliance Partner function is provided to Client as a convenience and may be terminated by Synovus at any time for any reason.

Other Terms and Conditions

This Agreement is effective until terminated by either Client, Consultant, or Synovus. Upon termination, Client will have no further access to the Service and all documents retained in the document storage service will be deleted.

Synovus may modify or discontinue offering the Service at any time, with or without notice, for any reason or no reason.

The Service may provide links to websites and include embedded videos that are not operated or hosted by Synovus. Synovus provides these links and/or videos for Client's convenience and they may be removed at any time. Neither Synovus nor Consultant investigates the quality, accuracy or completeness of any content on third party websites. Client acknowledges and agrees that neither Synovus nor Consultant are responsible or liable for any content, advertising, products or other materials on or available from third party websites or embedded videos, and neither Synovus nor Consultant makes any warranties or representations as to third party websites including, without limitation, warranties or representations as to the contents, privacy policies, or applicability of the third party websites. Client is responsible for familiarizing herself/himself with the content of such third party websites and/or embedded videos, including the applicable privacy policies related thereto. For more information on Synovus’ privacy notices, please see the Synovus Privacy Statement.

Except to the extent arising out of Synovus’ gross negligence or willful misconduct, Client agrees to indemnify and hold Synovus, and Synovus’ directors, officers, employees and agents, harmless from all losses, liability, claims, demands, judgments and expenses arising out of or related to Client’s use of the Service or any portion thereof. This indemnification is provided without regard to whether Synovus’ claim for indemnification is due to the use of the Service by Client or Client’s Alliance Partners or any other person or party authorized by Client.

THE SERVICE IS FURNISHED "AS IS", “WITH ALL FAULTS,” AND WITHOUT ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AVAILABILITY OF ALL OR ANY PART OF THE SERVICE, AND FREEDOM FROM ERRORS, VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS.

Neither Synovus nor Consultant makes any representation or warranty as to the accuracy, adequacy, completeness, correctness, usefulness, timeliness, or reliability of information contained in or on the Service. Neither Synovus nor Consultant endorses, approves or certifies the information available on or through the Service that is provided or posted by others. Use of the Service is voluntary and reliance on it should only be undertaken after Client has independently verified its accuracy, completeness and timeliness.

Synovus’ and Consultant’s liability to Client is explained in this Agreement and any other agreements, notices, and disclosures that Synovus separately provides to Client from time to time regarding Client’s accounts and the Service. Under no circumstances will Synovus or Consultant have any liability to Client for failing to provide Client access to her/his accounts or other features of the Service. Furthermore, unless otherwise required by applicable law, Synovus will only be responsible for performing the Service as expressly stated in this Agreement, and will only be liable for material losses incurred by Client to the extent such losses directly result from Synovus’ gross negligence or intentional misconduct in performing the Service. Neither Synovus nor Consultant is providing, and Client will not rely on Synovus or Consultant to provide, any legal, tax, accounting, or other advice or counsel in connection with Client’s account(s) or use of the Service, and Synovus does not represent or warrant that Client’s use of any of the Service will qualify for or receive any favorable or desirable tax treatment, or eliminate or replace the need for Client to monitor the use of Client’s accounts and history of transactions in Client’s accounts for appropriate recordkeeping of deposits and withdrawals and to monitor for errors or fraud. In these regards, Client should seek the advice of competent legal, tax, accounting, and other counsel regarding Client’s use of the Service and related matters.

CONSUMER’S USE OF THE SERVICE IS AT CONSUMER’S OWN RISK. TO THE EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL SYNOVUS, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONSULTANTS, OR REPRESENTATIVES BE LIABLE FOR ANY DAMAGES OR INJURIES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE ACCESS OF, USE, INABILITY TO USE, OR YOUR RELIANCE ON ANY OF THE CONTENT ON THE SERVICE REGARDLESS OF WHETHER SYNOVUS HAS BEEN ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. CONSUMER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SERVICE.

IF THE FOREGOING DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY IS HELD TO BE UNENFORCEABLE, CONSUMER AGREES THAT SYNOVUS' LIABILITY TO CONSUMER, WHETHER IN TORT, CONTRACT OR OTHERWISE, FOR ALL CAUSES SHALL NOT EXCEED IN THE AGGREGATE $500.

If any clause or provision set forth in this Agreement is determined to be illegal, invalid or unenforceable under present or future law, then the clause or provision so determined to be illegal, invalid or unenforceable shall be severable without affecting the enforceability of all remaining clauses or provisions.

This Agreement and Client's access to and use of the Service shall be governed by the laws of the State of Georgia. The state or federal courts with jurisdiction over Muscogee County, Georgia shall have exclusive jurisdiction over any and all claims, disputes or other controversies relating to or arising from this Agreement or Client's access to or use of the Service. Client hereby expressly consents to the exercise of jurisdiction over Client by such courts. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY TO THIS AGREEMENT WAIVES ITS OR HIS RIGHT TO A JURY TRIAL WITH RESPECT TO ANY ACTION BROUGHT UNDER OR IN CONNECTION WITH THIS AGREEMENT. The headings used in these terms of use are for convenience only and such headings are not to be used in determining the meaning or interpretation of these terms of use. No delay or omission by Synovus in exercising any rights or remedies hereunder shall impair such right or remedy or be construed as a waiver of any such right or remedy. Any single or partial exercise of a right or remedy shall not preclude further exercise therefore or the exercise of any other right or remedy. No waiver shall be valid unless in writing signed by Synovus. This Agreement, together with any other terms, conditions and agreements that may be entered into by Client and Synovus in connection with a specific product or service of Synovus, constitute the entire agreement between Client and Synovus and supersedes any and all other agreements, representations and understandings, whether written or oral. This Agreement may not be modified or amended by Client without the prior written consent of Synovus.