Terms and Conditions
HSBC EasyView User Agreement
Welcome to HSBC Bank USA, National Association (HSBC or HSBC Bank USA, N.A.) EasyView (the Service). HSBC EasyView is a branded personal information management service that is provided to you by HSBC and is owned and operated by Yodlee.com, Inc. (Yodlee). Before you begin setting up your account and using our Service, please take a moment to review these Terms of Use ("Terms"). These Terms are an agreement between you, Yodlee, and HSBC. Yodlee and HSBC are sometimes referred to together as we or us. It is important that you understand both the benefits we provide as well as our limitations. This Service is not intended for persons under the age of eighteen. You acknowledge and agree that you may not use this Service unless you are able to download or print these Terms.
1. Acceptance of Terms.
When you click on the "I Accept" button during registration, you agree to these Terms. If you do not agree to all of these Terms, click on the "I Decline" button below. If you do not accept these Terms, you will not be entitled to use the Service. These Terms may be updated from time to time. Upon any change, we will notify you by electronically mailing you the new or different terms and conditions or by a link to such new or different terms and conditions. If you continue to use our Service thereafter, your continued use of the Service constitutes acceptance of the changes and an agreement to be bound by this agreement, as amended. If you do not agree to the changes, you agree to discontinue your use of the Service. You can review the most current version of these Terms at any time. Also, when using services offered through your third party service providers, you will be subject to terms posted by your service providers. Use of their services, or acceptance of their terms of service, as the case may be, signifies your agreement to their terms and conditions of service.
2. Benefits of the Service
- The Service. We currently provide a personal information management service that allows users to consolidate and manage their information on the Web. With our services and Yodlees proprietary technology, users may view and maintain information stored at various web sites. These and other tools and services offered by us (the "Service") are presently provided free of charge.
- Service Limitations. We will try very hard to make your experience with us a productive one. However, we cannot always foresee or anticipate technical or other difficulties. These difficulties may result in loss of data, personalization settings or other service interruptions. For this reason, you agree that our Services are provided "AS-IS", without warranties of any kind. We cannot assume responsibility for the timeliness, accuracy, deletion, mis-delivery or failure to store any user data, communications or personalization settings.
- Service Changes and Discontinuation. We reserve the right to change or discontinue, temporarily or permanently, the Service at any time without notice. You agree that we will not be liable to you or any third party for any modification or discontinuance of the Service.
- Privacy Policy. We respect your privacy. The information you provide enables us to provide the Services to you. It also enables us to give you updates about our services.
- Cancellation. You may cancel this Service at any time by sending a request for cancellation via our "Contact Us" form. Upon confirmation of your request, your account will be cancelled and all your account information will be deleted. Please keep in mind that extended periods of inactivity may also result in your account being cancelled.
3. "Rules of the Road"
For the benefit and security of our users, and to comply with applicable laws, we have a few mandatory guidelines that we call "Rules of the Road". Any conduct that violates the Rules of the Road is grounds for termination of your account. For this reason, we ask that you carefully read and follow them.
- Provide Accurate Information. You agree to provide true, accurate, current and complete information about yourself as requested in our registration form and account setup forms and you agree to not misrepresent your identity. Accurate records enable us to provide the Service to you. You agree to keep your registration and account information up to date and accurate.
- Guard Your Password. You will choose a password when registering. You are responsible for maintaining the confidentiality of your password and account. You are fully responsible for all activities that occur using your password or account. Please notify us immediately of any unauthorized use of your password or account or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may not use anyone else's password at any time.
- Obey the Law. You agree not to use the Service for illegal purposes or for the transmission of material that is unlawful, harassing, libelous (untrue and damaging to others), invasive of another's privacy, abusive, threatening, or obscene, or that infringes the rights of others.
- Restrictions on Commercial Use or Resale. Your right to use the Service is personal to you; therefore, you agree not to resell or make any commercial use of the Service.
- Proprietary Rights. You acknowledge and agree that Yodlee and HSBC and our licensor(s) own all rights to this web site and the content displayed on the site. You are only permitted to use this content as expressly authorized by the Service. You may not copy, reproduce, distribute, or create derivative works from this content. Further, you agree not to reverse engineer or reverse compile any of our technology, including but not limited to, any Java applets associated with the Service.
4. Rights You Grant to Us
- Content You Provide. Subject to our Privacy Policy, you are licensing to us any "Content" you provide through or to us and the Service. We may use, modify, display, distribute and create new material using such Content but only to provide the Services to you. By submitting Content, you automatically agree, or promise that the owner of such Content has expressly agreed that, without any particular time limit, and without the payment of any fees, we may use the Content for the purposes set out above.
- Advertising. You agree that we may display advertisements and promotions of all kinds in and with the Services.
- Account Access. In order to ensure that we are able to provide high quality Services that are responsive to your needs, you agree that our employees, third party service providers, auditors, attorneys and other agents may have access to your account and records as reasonably needed to investigate complaints, comply with applicable laws and to service your account.
- Third Party Accounts. By using the Service, you authorize each of us to access third party account Web sites designated by you, on your behalf, to retrieve account information requested by you and to store the information on our servers and you hereby appoint us as your agent for this limited purpose. You hereby represent to us that you are a legal owner of the account[s] and have the authority to designate us as your agent, use this Service and to give us your passwords, user names and all other information you provide. You hereby permit us to use information submitted by you to the Service to accomplish the foregoing. When you use the "Auto-Login" feature of the Service we (1) open up a new browser window to directly connect you to your third party account Web site and (2) submit third party information (including user names and passwords) you have designated to allow further access to that site. Transactional and informational activities initiated by you at such sites are not made through the Service and we assume no responsibility for such activities. You are responsible for all charges associated with third party accounts and agree to comply with the terms of those services. For all purposes hereof, you hereby grant us a limited power of attorney, and you hereby appoint us as your true and lawful attorneys-in-fact and agents, with full power of substitution and re-substitution, for you and in your name, place and stead, in any and all capacities, to access third party sites, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN WE ARE ACCESSING AND RETRIEVING INFORMATION FROM THIRD PARTY SITES, WE ARE ACTING AS YOUR AGENTS, AND NOT THE AGENTS OR ON BEHALF OF THE THIRD PARTY. You agree that our third party account providers shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by you. You further agree and acknowledge that the Service is not endorsed or sponsored by any third party account provider. Account information provided by third parties may use terms that are defined in different ways. It is your responsibility to determine what definitions apply to the account information retrieved for you. Use caution when relying on account information provided through the Service. Third parties do not always update information consistently and the account information retrieved for you may not reflect recent account activity. The account information we retrieve may be subject to disclosures provided on the third party site that are not included in information retrieved and provided by the Service. You agree that we are not liable to you in any way because we do not provide disclosures relating to your account information that may be available on the third party account information site. We recommend you validate your account information prior to making any important financial decisions.
5. Other Legal Stuff
- DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR 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 TECHNOLOGY WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above limitations may not apply to you. TO THE EXTENT THAT ANY PART OF THIS SECTION IS NOT CONSISTENT WITH ANY OTHER PART OF THESE TERMS, THEN THIS SECTION WILL CONTROL.
- Third Party Products and Services. We would like to remind you to be cautious when browsing on the Internet and to use good judgment and discretion when making purchases, obtaining information, or transmitting information. From this site, users may visit or be directed to sites containing information or material that may be offensive or inappropriate to some people. We make no effort to review the content of these sites, nor are we responsible for the validity, legality, copyright compliance, or decency of the content contained in these sites. In addition, we do not endorse or control the content of any other user and are not responsible or liable for any content, even though it could be unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable, nor are we responsible or liable for content that infringes or may infringe upon the intellectual property or other rights of another. You acknowledge that we do not pre-screen content, but that we and our designees will have the right (but not the obligation) in our sole discretion to refuse, edit, move or remove any content that is available via the Service.
- LIMITATION OF LIABILITY. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY HARMS, WHICH LAWYERS AND COURTS OFTEN CALL DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, 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 ANYONE ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
- Indemnification. You agree to protect and fully compensate us and our affiliates and service providers from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys fees) caused by or arising from your use of the Service, your violation of the Terms or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.
- Yodlee and HSBC. You agree that Yodlee and HSBC are not jointly and severally liable under this Agreement, which means that Yodlee is solely liable for its obligations related to this Service and HSBC is solely liable for its obligations related to this Service. At no time will Yodlee or HSBC be responsible for the acts, obligations and/or liabilities of the other.
- Other. This agreement cannot be changed nor any of our rights waived unless we agree in writing or you continue using the Service following receipt of notice of any changes proposed by Us. This agreement is personal to you and you may not assign it to anyone. All notices to you shall be in writing and shall be made either via email or conventional mail, at our discretion. We may broadcast notices or messages through the Service to inform you of changes to the Terms, the Service, or other matters of importance; such broadcasts shall constitute notice to you. All notices to us must be made in writing at our address below. If any provision of these Terms is held to be unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. This agreement shall be governed by federal laws and applicable laws of the State of New York. These Terms are the entire understanding between you and us about the Services.
- Childrens Information. HSBC and Yodlee respect the privacy of your children, and we comply with the practices established under the Childrens Online Privacy Protection Act. Neither HSBC or Yodlee knowingly collects or retains personally identifiable information from consumers under the age of thirteen on this web site.
- Potential Risks. While you may decide to register for this service, HSBC wants you to know some potential risks. Registering for the service will require that you provide authentication information for your various on-line services. Although every precaution has been taken to offer the service using state-of-the-art security measures, there is a risk of unauthorized access to your personal information if you fail to exercise adequate controls over your login information. Your registration for the service acknowledges that this risk exists and that neither HSBC nor Yodlee is liable to you for any harm or damage that may occur.
Contact information for HSBC Bank USA, N.A.:
HSBC Bank USA, N.A.
P.O. Box 2013
Buffalo, NY 14240-8959
1-800-975-HSBC (1-800-975-4722)
(TTY/TTD) 1-800-898-5999
Contact EasyView Customer Service