EY has expended substantial time, effort and funds to create the Application and the Content. You acknowledge and agree that EY exclusively owns the Application, except that EY has licensed from third parties the rights to use some portions of the Application. The Application contains proprietary content, information and material that is protected by applicable intellectual property and other applicable laws, including but not limited to copyright, trademark and other proprietary rights and laws, as applicable. The use of the Application and access to the Content is a license and you have no ownership or intellectual property rights in the Application and/or any Content. You agree that you will not:
You retain any intellectual property rights you may have in any User Content. EY may provide information you submit through the Application, including the User Content, to other EY Firms, as well as external third parties providing services on EY’s or any EY Firm’s behalf, who may collect, use, transfer, store or otherwise process (“Process”) it in various jurisdictions in which they operate in order to facilitate performance of the Services, to comply with regulatory requirements, to check conflicts, to provide financial accounting and other administrative support services or for quality and risk management purposes.
The Application may contain links to other web sites ("Linked Sites"). The Linked Sites are not under the control of EY and EY is not responsible for the contents of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. EY is not responsible for webcasting or any other form of transmission received from any Linked Site. EY is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement, approval, or sponsorship by EY of any Linked Site or any association with its operators. If you decide to visit any Linked Site, you do so at your own risk. The following additional terms apply to the Linked Sites:
The Application is not available for use by persons under the age of 18. You represent that you are not an individual or an individual employed by or associated with an entity identified on the US Department of Commerce’s Denied Persons or Entity List, the US Department of Treasury’s Specially Designated Nationals or Blocked Persons Lists, or the Department of State’s Debarred Parties List, or otherwise ineligible to receive items subject to US Export control laws and regulations, or other economic sanctions of any sovereign nation. The Application, the Content and the Services may be used only for lawful purposes. You acknowledge that your conduct is subject to local, state, national and international laws. You agree that you will comply with applicable laws, rules, regulations, ordinances and other national and international requirements related to your use of the Application, the Content and the Services.
You may not access or use the Services if you are a citizen or national of any country that is subject to United States export restrictions (currently including, but not necessarily limited to, Iran, Syria, North Korea, Libya, and Sudan). Also, you may not access or use the Application or the Services from any such country. You agree to abide by applicable export control laws and not to transfer, by electronic means or otherwise, any Content or software subject to restrictions under such laws to a national destination prohibited under such laws, without first obtaining, and then complying with, any required government authorization.
You may use the Application and the Services for yourself, your spouse and/or your children or dependents only. You may not may use the Application or the Services for any other person or entity.
The Application may provide real-time chat services (“Chat”) as well as other messaging or communication facilities (“Messaging”) designed to enable you to communicate with EY (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and reasonably related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
EY may (but is not obligated to) review any materials posted, sent or received via a Communication Service and may remove any materials in its sole discretion. EY may terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
EY may at any time disclose any information posted on the Communications Services as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in EY’s sole discretion.
The Application provides a Messaging feature, so you can more easily ask your financial planning questions. The Messaging feature is not “real time”, meaning that EY personnel are not standing by waiting to respond to your messages. The Messaging feature will store your message and forward it to an EY financial planner, who will normally respond to you within two business days.
The Application also provides a chat feature so that you can receive technical support. You should not use this chat feature to provide details to EY personnel regarding your specific financial planning needs. Further, please note that at no time will EY support personnel attempt to obtain any such personally identifying information through the chat feature.
EY will provide and perform the Services in accordance with the care, skill, prudence and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like aims.
You are responsible for obtaining and maintaining the data network access necessary to use the Application. Your mobile network’s data and messaging rates and fees may apply if you access or use the Application from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Application and any updates to the Application. EY does not guarantee that the Application, or any portion thereof, will function on any particular hardware or device. In addition, the Application may be subject to malfunctions and delays inherent in the use of the Internet, electronic communications and technology.
If you would like to receive a copy of Form ADV Part II.A., which includes information regarding any investment planning services that may be provided to you, please click here. If you or a member of your immediate family or household currently serve as a director, an officer, or in a financial reporting or accounting role with a public company, or a subsidiary of a public company, please email us as EY’s ability to provide financial planning services to you may be restricted.
You acknowledge that Application, the Services and the Content are provided as is, with no guaranty of completeness, availability, accuracy, or timeliness, and without warranty of any kind, express or implied, including any warranty of performance, merchant ability, fitness for a particular purpose, or non-infringement, all of which are hereby disclaimed by EY, to fullest extent permissible under applicable law. In addition, EY assumes no responsibility for any use you may make of Application, the Services, the Linked Sites or the Content, and you remain solely responsible therefor and for the accuracy and adequacy for your purposes of the Application, the Services, the Linked Sites and Content provided.
EY is not a law firm and does not engage in the practice of law. EY’s Services do not constitute legal advice and you may not consider any information provided to you through the Application or the Services as legal advice or as a substitute for legal advice. Your use of the Application or the Services does not create any attorney-client relationship between you and EY and you are solely responsible for determining whether to consult with counsel.
EY cannot provide you with any assurance that its processes associated with the Application or the Services are sufficient to preserve any accountant-client, attorney-client, work product, or any other applicable privilege or protection that you (whether in your role as a client, as a CPA, as a lawyer, or otherwise) or any third person may have or be obligated to maintain, or that may otherwise apply to the questions and information you submit. You are solely responsible for determining whether your use of the Application or the Services could be deemed to waive or impair in any manner any applicable privilege or protection.
You should be aware that the Internet may be an unsecure environment and messages to and from EY may be observed by a third party while in transit. You understand that EY accepts no responsibility for security of information on or transmitted electronically (including, without limitation, via the Internet). It is up to you to take precautions to ensure that information you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.
Where you have access to drafts of EY reports or copies of documents which are work in progress or working papers, you hereby acknowledge that you may not rely on these materials and that EY does not owe you a duty of care in relation to your use of such material. You further acknowledge that the figures, calculations, models and advice contained in the EY reports issued in final may differ from those in the draft reports, work in progress documents and working papers for various reasons such as receipt of updated information, change in scope of the services EY is to provide and changed economic factors. Any use of these materials is at your own risk.
You agree to be bound by the EY Privacy Notice as may be amended from time to time, and you consent to the use and transfer of your personal information as specified in or consistent with that statement.
If any person or entity believes their copyright-protected work was posted on the Services without authorization, they may submit a copyright infringement notification. Such requests should only be submitted by the copyright owner or an agent authorized to act on the owner’s behalf. Such requests should be sent to DMCA@ey.com.
The names of actual companies and products mentioned in the Application or the Content may be the trademarks of their respective owners. The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred. Any rights not expressly granted herein are reserved.
A party shall submit a dispute to mediation by written notice to the other party or parties. The mediator shall be selected by the parties. If the parties cannot agree on a mediator, the International Institute for Conflict Prevention and Resolution (“CPR”) shall designate a mediator at the request of a party. Any mediator must be acceptable to all parties and must confirm in writing that he or she is not, and will not become during the term of the mediation, an employee, partner, executive officer, director, or substantial equity owner of any EY audit client.
The mediator shall conduct the mediation as he/she determines, with the agreement of the parties. The parties shall discuss their differences in good faith and attempt, with the mediator’s assistance, to reach an amicable resolution of the dispute. The mediation shall be treated as a settlement discussion and shall therefore be confidential. The mediator may not testify for either party in any later proceeding relating to the dispute. The mediation proceedings shall not be recorded or transcribed.
Each party shall bear its own costs in the mediation. The parties shall share equally the fees and expenses of the mediator.
If the parties have not resolved a dispute within 90 days after the date of the written notice that commenced the mediation (or a longer period, if the parties agree to extend the mediation), the mediation shall terminate, and the dispute shall be settled by arbitration. In addition, if a party initiates litigation, arbitration, or other binding dispute resolution process without initiating mediation, or before the mediation process has terminated, an opposing party may deem the mediation requirement to have been waived and may proceed with arbitration.
The arbitration will be conducted before a single arbitrator, to be selected in accordance with the screened selection process provided in the Rules. Any issue concerning the extent to which any dispute is subject to arbitration, or concerning the applicability, interpretation, or enforceability of any of these procedures, shall be governed by the Federal Arbitration Act and resolved by the arbitrator. No potential arbitrator may be appointed unless he or she has agreed in writing to these procedures and has confirmed in writing that he or she is not, and will not become during the term of the arbitration, an employee, partner, executive officer, director, or substantial equity owner of any EY audit client.
Each party shall bear their own costs in the arbitration, and shall evenly split the fees associated with the arbitrator.
Discovery shall be permitted in connection with the arbitration only to the extent, if any, expressly authorized by the arbitrator upon a showing of substantial need by the party seeking discovery.
All aspects of the arbitration shall be treated as confidential. The parties and the arbitrator may disclose the existence, content or results of the arbitration only in accordance with the Rules or applicable professional standards. Before making any such disclosure, a party shall give written notice to all other parties and shall afford them a reasonable opportunity to protect their interests, except to the extent such disclosure is necessary to comply with applicable law, regulatory requirements or professional standards.
The result of the arbitration shall be binding on the parties, and judgment on the arbitration award may be entered in any court having jurisdiction.