In the spirit of helping successful clients address their most cherished goals and heartfelt concerns, we apply our distinct financial experiences and uncommon level of personal care.
The Heim Group
Caring for Clients
Planning is Everything
Focusing on Tax Efficiency
At The Heim Group, we believe that most investors don’t expect enough from their financial advisors. Certainly, investment prowess is important. But ambitious women and men with complex needs deserve much more.
Having earned our stripes in the worlds of accounting and institutional investing, we bring specialized knowledge and enlightened perspectives to each client relationship. Equally important, we are passionate about doing everything possible to drive positive financial outcomes. In fact, we have long subscribed to the notion that “going the extra mile for clients is never going out of our way.”
Amid the unprecedented financial and emotional uncertainty of 2020, our commitment is being put to the test. During this challenging time, we continue to serve as trusted "financial and life advisors" to an accomplished, well-educated clientele in New Jersey and more than 15 other states. Holding clients in high esteem — and holding their hands when questions arise — we deliver the type of financial acumen and attention they may not have experienced in a previous advisory relationship. We think it is noteworthy that our clients introduced us to more individuals in the first half of 2020 than at any time in the past.
Who do we serve? Successful women and men including senior-level technology and pharmaceutical executives (many with restricted stock and option benefits), business owners, active and retired physicians and attorneys, as well as family offices, foundations, widows, widowers and generations of families.
By treating clients like family, we find it fulfilling to bring comfort and confidence to clients. Through comprehensive planning that continues over time, we stay in touch and on top of each client’s circumstances. Doing so allows us to help clients “see around corners” at likely and unlikely circumstances for which our strategies help them prepare.
If you are seeking a sophisticated, high-caliber level of financial advice, we look forward to showing you that managing the opportunities and challenges of wealth can be a rewarding experience.
At The Heim Group, we see clients not only as successful individuals, but as busy parents hoping to provide for their children, as new retirees about to embark on a new lifestyle, as senior executives looking to optimize concentrated positions, as widows re-defining their goals, and as grandparents concerned about passing along wealth and wisdom.
Our mission is guided by the acronym "IHAD" which stands for Integrity, Humor, Advocacy and Dependability. These four words remind us that delivering superior wealth management demands our ability to treat each client as a person, not as a portfolio.
Each day, we do big and little things for clients -- some expected and some not. By recognizing the people and passions in a client's life, we can help with financial decisions that require multiple considerations.
For corporate executives and business owners — often with personal assets/linked too closely to the fortunes of their firms — our team is well equipped to help strike a balance in building and preserving their wealth. For example, we have extensive knowledge of concentrated stock and the emotions that may come with it. In addition to helping clients comply with SEC rules, their company’s trading restrictions, and equity reporting requirements, we help entrepreneurs with pre-IPO planning.
We proactively “recognize and recommend” when opportunities present themselves. In addition to actively managing a client’s portfolio, we look at their investments held elsewhere — to help avoid overlap. We also may suggest refinancing existing debt, reviewing insurance protection and estate-related documents, or introducing alternative investments where appropriate.
When clients feel a loss of control at times of personal hardship, we bring them open hearts and minds. In fact, we often share our own experiences to “accompany clients” in moving forward. Some clients need to better understand the tax ramifications of an inheritance, selling a concentrated position, or purchasing a second home. We recognize the impact we can and do make on the lives of clients. If a client is struggling with a challenge that we can solve, we will take the necessary steps to help.
In addition to our team’s nuanced insights, we allow clients to benefit from others we’ve assisted in similar positions. We feel fortunate to have long memories and relationships. Speaking for our entire staff, we are as proud of the referrals we receive as the results we deliver.
Planning is Everything
At The Heim Group, we find that wisdom is our reward for a lifetime of listening, rather than talking. In fact, as seasoned and sensitive advisors, we are often surprised by the expectations of new clients. Most have only an inkling of the care and capabilities we bring to the table.
As a prime example, we have anticipated questions and proactively addressed the implications of the CARES Act and the SECURE Act as they pertain to each client's situation. Amid this new landscape, we "threw away our calendars" and contacted clients without hesitation, for one-on-one discussions. Working with both spouses whenever possible, we continue to help them explore and in some cases, reimagine their visions of the future.
Many new clients believe our investment skills are a key differentiator of our offering. Certainly, we are proud of how well we manage risk and opportunity in client portfolios. After all, we have decades of specialized experience as institutional investors. However, a hallmark of our approach is the comprehensive planning process we’ve honed for many years.
We ask questions, “What brought you here and who was most influential in the decision? What’s your experience with investing? Who are you responsible for — an elderly parent, a grandchild, your employees? What's your biggest financial concern?” Helping clients articulate their definitions of a fulfilling life helps us work more effectively with them.
As active facilitators, we “sit next to clients,” not across from them. Put another way, we look at matters from each client’s perspective rather than our own. This reminds us to focus on results that hold meaning for clients and minimize their effort in achieving them.
We serve as a resource for our highly educated, time-strapped clientele. With little time to stay updated on concentrated stock positions, education funding or market dynamics, most clients prefer talking about their families and hobbies. By listening, we learn. Later, we work behind the scenes to address their goals and pieces of their financial puzzles that may have been ignored previously.
Whether a client is expanding an enterprise, moving up in his or her company, or retiring and moving out of town, we help them visualize their full financial picture — from investments and insurance, to liabilities and beneficiaries. From there, a multi-pronged strategy evolves that embraces a client’s financial realities and personal preferences. Like the clients we serve, we are highly motivated. It is incumbent upon us to deliver tangible benefits and consistent value — beyond dollars and cents.
Focusing on Tax Efficiency
Given decades spent in the accounting sector, Christine Heim and The Heim Group pay special attention to optimizing and maintaining tax efficiencies on behalf of each client.
Rather than focus on tax consequences only once each year, we maintain a watchful eye on a client’s tax consequences — so that benefits can be enhanced on an ongoing basis. Additionally, we work closely with clients, their CPAs and attorneys throughout the year — to align our efforts, strategies and tactics.
When it comes to building a client’s portfolio, we may rely on institutional managers for tax-exempt investing. We also seek to harvest investment gains and losses when advantageous from a tax perspective. When serving clients with concentrated stock and 10b5-1 plans, we continuously examine their situations, so that appropriate and timely steps can be taken. With a deep understanding of a client’s long-term goals — for retirement, wealth transfer, business succession, and/or charitable giving — we exercise “tax-diligence” in several meaningful ways.
Of course, our efforts require an extra measure of time that many advisors do not expend. However, we believe that clients deserve our very best and extended efforts when positive results can be achieved.
Merrill is proud of our advisors who’ve received recognition from industry publications. We believe they are setting the standard for exemplary client service.
Christine F Heim
Forbes’ “America’s Top Women Wealth Advisors” 2017-2020
Supported by the global resources of Merrill, our team is comprised of talented and experienced individuals committed to building strong client relationships based on trust and personalized service.
Highly regarded by the industry and a growing clientele that continues to refer others, Christine was named to the inaugural Forbes list of “America’s Top Women Wealth Advisors” in 2017* and again in 2018, 2019, and 2020. Christine was also named to another inaugural Forbes list, “Best in-State Wealth Advisors” for 2018** and received the honor again in 2019*** and 2020****.
Christine credits her achievements as a wealth advisor to the tremendous exposure she received in the worlds of accounting and investments. Long before founding The Heim Group, Christine launched her career as a Certified Public Accountant with Deloitte & Touche. Christine does not provide legal or tax advice in her role at Merrill.
Later, Christine spent more than a decade in the currency markets — beginning in the foreign currency trader trainee program at Norwest Minneapolis before joining Bank of Montreal New York as a foreign currency proprietary trader. This experience taught Christine about various economies, interest rate environments and their relationships to currency valuations and markets. It also helped her analyze and forecast market movements based on historical price action.
Since arriving at Merrill in 1996, Christine has built enduring relationships with an impressive clientele and dynamic, risk-managed portfolios on their behalf. In fact, she finds herself as comfortable working with C-suite executives as she does with elderly widows. Having personally experienced many of the challenging family situations facing clients, Christine helps them focus on making wise financial decisions related to aging parents, children attending and returning home after college, disabilities and physical rehabilitation, insurance coverage, and a business closure or sale.
Christine holds the CERTIFIED FINANCIAL PLANNER™ (CFP®) certification from the Certified Financial Planner Board of Standards. She also holds a place in her heart for serving others through spiritual organizations, the local food bank and projects with Habitat for Humanity. Christine graduated from St. Cloud State University with a Bachelor’s degree in Accounting.
A Minnesota native, Christine grew up with nine siblings — thankful for the Midwestern work ethic she inherited and the kindness of her community. Christine looked to combine both attributes in a career that would help her advocate and create financial certainty for people.
Christine’s favorite “out of the office” moments are spent outdoors — hiking, fishing, gardening, playing tennis, working out, and enjoying barbecues with good people and great tunes. She is also an avid traveler who relishes cultural adventures of friendship, food and drink — the more exotic, the better — sharing ideas and experiences with people of different backgrounds. True to her roots, Christine remains a loyal and often-frustrated Minnesota Vikings fan.
*Source: The Forbes "America’s Top Women Wealth Advisors" list, April 21, 2020. For more information about the selection criteria, go to http://details-he.re/V5tDPQ. Forbes is a trademark of Forbes Media LLC. All rights reserved. These rankings and ratings are not representative or indicative of any one client’s experience, future performance, or investment outcome, and such rankings should not be construed as an endorsement of the advisor.
**Source: Forbes "Best-in-State Wealth Advisors" list, February 2018. For more information about the selection criteria, go to http://details-he.re/UbRCGT. Forbes is a trademark of Forbes Media LLC. All rights reserved. These rankings and ratings are not representative nor indicative of any one client's experience, future performance, or investment outcome.
***Source: Forbes "Best-in-State Wealth Advisors" list, February 2019.The ranking for this list by SHOOK Research is based on due diligence meetings to evaluate each advisor qualitatively, a major component of a ranking algorithm that includes: client retention, industry experience, review of compliance records, firm nominations; and quantitative criteria, including: assets under management and revenue generated for their firms. Forbes is a trademark of Forbes Media LLC. All rights reserved. Rankings and recognition from Forbes/SHOOK Research are no guarantee of future investment success and do not ensure that a current or prospective client will experience a higher level of performance results and such rankings should not be construed as an endorsement of the advisor.
****Source: The Forbes "Best-in-State Wealth Advisors" list, January 16, 2020. Data provided by SHOOK Research , LLC. Data as of June 30, 2019. The Forbes "Best-in-State Wealth Advisors" ranking was developed by SHOOK Research and is based on in-person and telephone due diligence meetings to evaluate each advisor qualitatively, a major component of a ranking algorithm that includes: client retention, industry experience, review of compliance records, firm nominations; and quantitative criteria, including: assets under management and revenue generated for their firms. Investment performance is not a criterion because client objectives and risk tolerances vary, and advisors rarely have audited performance reports. Rankings are based on the opinions of SHOOK Research, LLC and are not indicative of future performance or representattive of any one client's experience. Rankings and recognition from Forbes are no guarantee of future investment seccess and do not ensure that a current or prospective client will experience a higher level of performance results, and such rankings should not be construed as an endorsement of the advisor. Neither Forbes nor Shook Research receives compensation in exchange for placement on the ranking. Forbes is a trademark of Forbes Media LLC. All rights reserved. For more information: www.SHOOKresearch.com.
Christine F Heim,
Wealth Management Advisor
Born in Zambia, educated in Great Britain and of Indian descent, Cristy brings a world of rich cultural and financial experience to her role at The Heim Group.
Before joining Merrill, Cristy worked in institutional finance — giving her a level of sophistication and insight many advisors do not have. Over a 15-year period, Cristy held Director positions at three firms — AVM/Norfolk Markets, Swiss Re Financial Markets (first its Derivatives Group, then its Legacy group), and at Westdeutsche Landesbank Girozentrale on its Global Financial Markets team (focusing on interest rate and cross-currency derivatives).
With a deep desire to work directly with individuals and families and feel the genuine impact her guidance could make, Cristy joined The Heim Group in 2015. Today, she knows the satisfaction of treating clients like friends and helping accomplished people accomplish more.
Of primary importance to Cristy is helping bring clarity and care to clients — often when personal challenges and life transitions make it difficult to maintain financial discipline. Through a carefully honed approach that is a signature of The Heim Group, Cristy’s planning discussions with clients are not a one- time event, but a process that continues throughout each relationship.
The daughter of an accountant, Cristy holds a Bachelor's degree (with a specialization in International Business) from Hofstra University. She also holds an MBA (with a specialization in Finance) from Baruch College. Cristy and her husband, Mickey Singh, are the proud parents of two sons and reside in Morristown, New Jersey.
Generous with her time and resources, Cristy serves on the board of the India Heritage Center. She is also involved with Arc of Bergen and Passaic County, Fairfield Police NJ Foundation and Bonnie Brae (a New Jersey school and residential community that provides comprehensive care for hundreds of at-risk boys and families in crisis). In 2019, Cristy and Mickey received the Red Bandanna Award for their selfless contribution to others through Bonnie Brae. The award was established in 2008 by the Crowther family in honor of their son, Welles, a volunteer firefighter and equities trader who lost his on September 11 saving the lives of others.
Monique has spent more than 17 years in financial services. She began her career as a relationship manager in the corporate lending department of Continental Bank in Chicago. Later, she became a workout specialist for distressed energy companies. Subsequently, she moved to sales and trading where she launched the bank's short-term loan participation desk. After an extended sabbatical, Monique joined The Heim Group in 2016.
Extremely detail- and service-oriented, Monique relishes the opportunity to develop long-term relationships with clients and views each interaction as an opportunity to enhance those relationships. She believes the success of The Heim Group lies in the exceptional care it brings to clients. Each day, Monique helps handle clients’ transactional, administrative and account needs – also serving as their responsive liaison with other team members and specialists throughout the firm.
Monique holds a Bachelor’s degree from Hartwick College and a Masters degree from the Johns Hopkins School of Advanced International Studies. The proud mother of three millennials, Monique resides in Short Hills, New Jersey with her husband, Erik.
Monique G van Nispen
Registered Client Associate
A true veteran of financial services, Madeline has spent three decades serving the clients and their families. With extensive experience resolving clients’ operational and account administrative issues, Madeline sees herself as a client’s “first call” when important matters need to be handled in timely fashion.
Madeline believes that strong client relationships are developed through clear communication and excellent service. She finds tremendous satisfaction in giving clients a positive experience with each interaction – demonstrating her professional work ethic and personal reliability with a "can do" attitude.
Madeline holds a Bachelor of Science degree in Finance and Economics from Baruch College in New York City. She and her daughter, Madison Rose, reside in Ledgewood, NJ.
We offer you access to the investing insights of Merrill, trust and fiduciary services from Bank of America Private Bank, and the banking convenience of Bank of America to help you pursue your goals. We will work to help you stay on track, regardless of what the markets are doing.
1 Investment products are offered by Merrill Lynch, Pierce, Fenner & Smith Incorporated. 2 Banking, mortgage and home equity products offered by Bank of America, N.A. 3 Insurance and annuity products offered through Merrill Lynch Life Agency Inc. 4 Trust and fiduciary services are provided by Bank of America Private Bank.
Staying on Track
We understand that both your life and the financial markets can change over time. By periodically checking in to discuss changes in your life and revisiting your financial approach, our goal is to help you stay on track to achieve what's most important to you.
Periodic reviews to help you stay on track
We’ll meet with you to review your goals and the progress you’ve made toward reaching them. We’ll also discuss any adjustments needed to your financial approach to help you stay on course.
Monitoring changes in your life and to your goals
Your life and goals change. As these changes occur, we can update your approach to reflect them.
MyMerrill is your online destination for access to your financial information, secure communications, and a robust offering of tools and capabilities.
Your advisor is a click away within our site or mobile apps
You can manage account security with our customizable security capabilities such as touch ID, one time passcode, and other security features
Access to your complete financial life is available with My Financial Picture, Merrill’s asset aggregation tool
Let’s Have a Conversation
Helping you reach your goals starts with getting to know you personally. Through understanding what matters most to you, together we can help you create a financial approach that reflects your personality. Only then can we offer an approach that is built around your life priorities and the advice you need to help you address fluctuations in the market and changes in your life. Let’s work together to help you achieve your goals.
As Merrill Lynch Wealth Management Advisors, we will sort through the financial complexities of your life, helping you build a customized investment approach to address your needs and pursue your goals.
We put you first, every day. Learn more about the dedicated one-on-one relationship you can have with a Merrill Lynch Wealth Management Advisor.
Certified Financial Planner Board of Standards Inc. owns the certification marks CFP® and CERTIFIED FINANCIAL PLANNERTM in the U.S.
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General Disclaimer for Bank of America Merrill Lynch
"Bank of America Merrill Lynch" is the marketing name for the global banking and global markets businesses of Bank of America Corporation. Lending, derivatives and other commercial banking activities are performed globally by banking affiliates of Bank of America Corporation, including Bank of America, N.A., Member FDIC. Securities, strategic advisory, and other investment banking activities are performed globally by investment banking affiliates of Bank of America Corporation ("Investment Banking Affiliates"), including, in the United States, Merrill Lynch, Pierce, Fenner & Smith Incorporated and Merrill Lynch Professional Clearing Corp., both of which are registered as broker-dealers and Members of SIPC, and, in other jurisdictions, by locally registered entities. Merrill Lynch, Pierce, Fenner & Smith Incorporated and Merrill Lynch Professional Clearing Corp. are registered as futures commission merchants with the CFTC and are members of the NFA.
"Bank of America Merrill Lynch" is the marketing name for the global banking and global markets businesses of Bank of America Corporation ("BAC"). Lending and other commercial banking activities are performed globally by banking affiliates of BAC and in Australia by Bank of America, N.A. Australian Branch ("BANA Australia"). Securities, corporate advisory and capital markets services are performed in Australia by Merrill Lynch Markets (Australia) Pty. Limited, Merrill Lynch (Australia) Futures Limited, Merrill Lynch Equities (Australia) Limited and their related bodies corporate (together "BofAML") which hold, or are exempt from the requirement to hold, an Australian Financial Services Licence. Apart from BANA Australia, none of the other BofAML entities including BAC are Authorised Deposit-taking Institutions authorised under the Banking Act 1959 of Australia nor regulated by the Australian Prudential Regulation Authority. The obligations of BofAML entities (other than BANA Australia) do not represent deposits or other liabilities of BANA Australia and are not guaranteed by BANA Australia.
"Bank of America Merrill Lynch" is the marketing name for the global banking and global markets business of Bank of America Corporation. Lending, derivatives and other commercial banking activities are performed globally by banking affiliates of Bank of America Corporation including Bank of America, National Association, Canada Branch (BANA CB ) which is an authorized foreign bank regulated by the Office of the Superintendent of Financial Institutions. Deposits with BANA CB are not insured with the Canada Deposit Insurance Corporation. BANA CB shall not impose undue pressure on, or coerce, a person to obtain a product or service from a particular person, including bank and any of its affiliates, as a condition for obtaining another product or service from BANA CB.
Securities, strategic advisory and other investment banking activities are performed globally by investment banking affiliates of Bank of America Corporation including in Canada by Merrill Lynch Canada Inc. which is a registered broker-dealer regulated by the Investment Industry Regulatory Organization of Canada (IIROC) and a member of the Canadian Investor Protection Fund (CIPF).
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Bank of America N.A. and DSP Merrill Lynch Limited are subsidiaries of Bank of America Corporation operating in India.
Bank of America N.A.: Bank of America provides the following banking products in India: working capital and term loans, structured finance, export finance, global cash management, trade products, foreign exchange services and currency solutions.
DSP Merrill Lynch Limited: DSP Merrill Lynch provides the following services in India: Research, Equity Sales & Trading, Futures & Options, Electronic Trading, Equity Capital Markets, Debt Capital Markets and M&A. SEBI Regn Nos. Research Analyst: INH000000503, Stock Broking: INB/INF 011348134, INB/INF 231348138, Merchant Banker: INM000011625, Depository Participant: IN-DP-NSDL-223-2001. Registered Office: DSP Merrill Lynch Limited, Ground Floor, A-Wing, One BKC, G Block, Bandra Kurla Complex, Bandra (East), Mumbai 400 051, India. Tel.: (91-22) 6632 8000. For specific investor grievances, if any, email IDs are firstname.lastname@example.org, email@example.com, firstname.lastname@example.org. Compliance officer - Jinendra Shah, Email: email@example.com, Tel No.: +91 22 6632 8000
"Bank of America Merrill Lynch" is the marketing name for the global banking and global markets businesses of Bank of America Corporation. Lending, derivatives and other commercial banking activities are performed globally by banking affiliates of Bank of America Corporation, including Bank of America, N.A., member FDIC. Securities, strategic advisory, and other investment banking activities are performed globally by investment banking affiliates of Bank of America Corporation ("Investment Banking Affiliates"), including, in the United States, Merrill Lynch, Pierce, Fenner & Smith Incorporated and Merrill Lynch Professional Clearing Corp., both of which are registered as broker-dealers and members of SIPC, and, in other jurisdictions, by locally registered entities. Merrill Lynch, Pierce, Fenner & Smith Incorporated and Merrill Lynch Professional Clearing Corp. are registered as futures commission merchants with the CFTC and are members of the NFA.
Ouvidoria Bank of America Merrill Lynch1 | DDG: 0800 886 2000 | email: firstname.lastname@example.org 1 Bank of America Merrill Lynch Banco Múltiplo S.A. e Merrill Lynch S.A. Corretora de Títulos e Valores Mobiliários
Investment products offered by Investment Banking Affiliates:
Are Not FDIC Insured * May Lose Value * Are Not Bank Guaranteed.
"Bank of America Merrill Lynch" is the marketing name for the global banking and global markets businesses of Bank of America Corporation. Lending, derivatives and other commercial banking activities are performed globally by banking affiliates of Bank of America Corporation, including Bank of America, N.A., member FDIC. Securities, strategic advisory, and other investment banking activities are performed globally by investment banking affiliates of Bank of America Corporation ("Investment Banking Affiliates"), including, in the United States, Merrill Lynch, Pierce, Fenner & Smith Incorporated and Merrill Lynch Professional Clearing Corp., both of which are registered broker-dealers and members of SIPC, and, in other jurisdictions, by locally registered entities. Merrill Lynch, Pierce, Fenner & Smith Incorporated and Merrill Lynch Professional Clearing Corp. are registered as futures commission merchants with the CFTC and are members of the NFA.
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This document and its content are for information purposes and shall not be interpreted as banking or financial intermediation, business solicitation and/or public offering of any kind.
1 Bank of America Merrill Lynch Banco Múltiplo S.A. e Merrill Lynch S.A. Corretora de Títulos e Valores Mobiliários
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Bank of America Corporation does not have banking affiliates, branches or bank representative offices in any other jurisdiction in Latin America.
Securities, strategic advisory, and other investment banking activities are performed globally by investment banking affiliates of Bank of America Corporation, including, in the United States, Merrill Lynch, Pierce, Fenner & Smith Incorporated and Merrill Lynch Professional Clearing Corp., which are registered broker-dealers and members of FINRA and SIPC, and in other jurisdictions, by locally registered entities.
Investment products offered by Investment Banking Affiliates:
Are Not FDIC Insured * May Lose Value * Are Not Bank Guaranteed.
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Client agrees to provide Bank of America with all information, cooperation and assistance, documents and data as shall reasonably be requested by Bank of America in order to enable Bank of America to comply with any and all Applicable Law. Client understands and agrees that Bank of America may report such information to regulatory authorities to the extent necessary, in its reasonable discretion, to comply with Applicable Law.
Bank of America shall assign to each Authorized Person a unique User ID ("User ID") and a corresponding password and/or other access codes (each, an "Access Code") to enable Authorized Persons to access and use such functions within the Sites as Client shall authorize. Client shall (i) maintain, (ii) take appropriate steps to ensure that its officers and employees maintain, and (iii) inform all Authorized Persons of Client's obligation to maintain, the confidentiality of User IDs and Access Codes and the security of the Sites. Client shall not permit any person other than an Authorized Person to access or use the Sites on its behalf or to use any User ID or Access Code and shall educate and familiarize those Authorized Persons who access and/or use the Sites with Client's obligations under this Agreement. Client acknowledges and agrees that Client and/or its Authorized Persons may access the Sites through the World Wide Web or other Internet service which is not necessarily secure, and Bank of America does not warrant that such system is secure. Client agrees to be bound by all communications (and the consequences thereof) placed on, executed through or facilitated by the Sites that are accompanied by a valid User ID and a valid Access Code assigned to Client or an Authorized Person. Upon becoming aware of, or if Client suspects, a technical failure or any improper access to or use of the Sites or Access Codes by any Authorized Person or other person, Client shall promptly notify Bank of America of such occurrence, and shall, as promptly as practicable, to the extent any improper access or use is by an Authorized Person, take immediate actions to terminate such Authorized Person's access to and use of the Sites. Bank of America reserves the right to limit or terminate Client's or any Authorized Person's access to and use of the Sites immediately and without notice.
Unless specifically identified as an offer to sell or a solicitation of any offer to buy, under no circumstances should any information on the Sites be used as or considered to be an offer to sell or a solicitation of any offer to buy the securities or any other instruments of Bank of America or any other issuer. Offers can only be made where lawful under applicable law. Any information, services, or securities offered via the Sites are intended to be available only to residents of Argentina, Brazil, Canada, France, Germany, Hong Kong, Ireland, Japan, Italy, Korea, the Netherlands, Singapore, the United States and the United Kingdom. The viewing or distribution of the Sites may be restricted by law in certain jurisdictions. Persons using the Sites are required to inform themselves about and observe any legal restrictions on the use of the Sites and any restrictions set forth in the Sites. The Sites do not constitute an offer of, or a solicitation to purchase any securities in any jurisdiction in which such offer or invitation would be unlawful. If you wish to obtain further details about any information contained through the Sites, there are several areas on the Sites that will provide you with contact information.
DISCLOSURE OF INTEREST
Affiliates of Bank of America may make a market or deal as principal in the securities mentioned in these Sites or in options based thereon. In addition, Bank of America or its Affiliates, their shareholders, directors, officers and/or employees, may from time to time have long or short positions in such securities or in options, futures or other derivative instruments based thereon. One or more directors, officers and/or employees of Bank of America or its Affiliates may be a director of the issuer of the securities mentioned at these Sites. Bank of America or its Affiliates may have managed or co-managed a public offering of, or acted as initial purchaser or placement agent for a private placement of, any of the securities of any issuer mentioned on the Sites, or may from time to time perform consulting, advisory, lease, loan solicitation, investment banking or other services for, or solicit investment banking or other business from, mentioned companies.
Certain information from Client's account(s) at Bank of America or its Affiliates is accessible on the Sites and can be downloaded by Client ("Account Information"). While Bank of America and its Affiliates believe that this Account Information will be accurate at the time of access and/or downloading by Client, this information may have certain technical flaws, typographical errors or other inaccuracies. Additionally, the Account Information is subject to immediate change resulting from market conditions, price fluctuations and other related factors. Bank of America and its Affiliates expressly disclaim any responsibility or liability for the accuracy or use of such Account Information upon its being downloaded by Client and will not be liable for any difficulty, damage or inaccessibility of such information due to hardware or software incompatibility.
PRICING AND MARKET INFORMATION
Actual prices can be obtained only on a real-time, expressly agreed-upon basis. Any indicative valuations on the Sites are provided for information only. They are not an offer to enter into, transfer and assign or terminate any transaction, or a commitment by Bank of America or its Affiliates to make such an offer. An indicative valuation may differ substantially from an actual value. Such estimates do not necessarily reflect Bank of America's or its Affiliates' internal bookkeeping or theoretical model-based valuations. Certain factors, which may not have been assessed for purposes of these valuations, including, for example, notional amounts, credit spreads, underlying volatility, costs of carry or use of capital and profit, may substantially affect a stated valuation. Indicative valuations may vary significantly from indicative valuations available from other sources. While Bank of America and its Affiliates have obtained the information on which these evaluations are based from sources they believe are reliable, Bank of America and its Affiliates make no representations or warranties with respect to any indicative valuations. Prior to the execution of a Transaction based upon the Content of these Sites, Client is advised to consult with its broker or other financial representative to verify pricing information.
HYPOTHETICAL OR PAST PERFORMANCE
Hypothetical or simulated performance results have inherent limitations. Unlike an actual performance record, simulated results do not represent actual trading. Also, since the trades have not actually been executed, the results may have under or over-compensated for the impact, if any, of certain market factors, such as lack of liquidity. Simulated trading programs in general are designed with the benefit of hindsight. Past performance is not indicative of future results; no representation is being made that any account will or is likely to achieve profits or losses similar to those shown.
MATERIAL IN ITS ENTIRETY
All materials at these Sites are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions or disclosures, or any copyright or proprietary notices. Any disclaimers, restrictions, disclosure or hedge clauses apply to any partial document or material in the same manner as they do to the whole, and will be deemed incorporated in the portion of any material or document that you consult or download.
Certain hyperlinks on the Sites may link websites maintained by the Affiliates, which are not to be considered a part of the Sites. Certain other links on the Sites to non-affiliated third-party sites may contain information over which we have no control. We take no responsibility for the content, accuracy, content, completeness, timeliness, current value or any aspect of the information on these sites and disclaim any liability to Client for it or for any consequence of your decision to use the links provided or your use of such information. Links to non-Bank of America sites do not imply any endorsement of or responsibility for the opinions, ideas, products, information or services offered at such sites, or any representation regarding the content at such sites. We also disclaim all liability and make no representations or warranties for any products or services sold or provided to Bank of America or its Affiliates by any third party. Your purchase of products or services through one of those other sites is subject to agreements and/or the terms and conditions in effect between Client and the providers of products and services at those other sites. Client agrees that it shall not bring a suit or claim against Bank of America or its Affiliates arising from or based on your purchase or use of products or services through those other sites. Links do not imply that Bank of America, its Affiliates or the Sites sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked sites is authorized to use any trademark, trade name, logo or copyright symbol of Bank of America or its Affiliates.
CONTENT AND SERVICE AVAILABILITY
Bank of America or its Affiliates may make changes to the Sites and reserves the right to do so without prior notice to you. Client acknowledges that not all products and services listed or discussed in the Sites are available in all geographic areas. Your eligibility for particular products and services is subject to final determination and acceptance by Bank of America or its Affiliates.
CONSENT TO ELECTRONIC DELIVERY
You agree to receive certain documents and information provided by Bank of America and its Affiliates through the Sites and/or through email provided to you via the Sites. This delivery will generally consist of certain Content on the Sites, and certain other documents relating to Bank of America and its Affiliate's business. This electronic provision and delivery will be regarded by you as appropriate delivery pursuant to any delivery requirements under the various statutes and rules, where applicable, of the Securities and Exchange Commission, the National Association of Securities Dealers and any state or other jurisdiction. You acknowledge that you have the appropriate technological equipment to use the Sites and to receive email via the Internet and understand that your use of the Internet may incur certain operational costs such as monthly fees for a service provider. You agree to notify Bank of America or the applicable Affiliate in the event that you no longer desire to receive content through this delivery procedure and will allow a reasonable amount of time to permit proper delivery to you through other means.
Client acknowledges that any information provided through the Sites is not intended to be a recommendation, offer or solicitation of any particular products or services. In addition, all research, analysis and similar market information from non-affiliated third parties provided represent the views and opinions solely of the author or the indicated source. Bank of America and its Affiliates do not independently verify the accuracy or completeness of such information, nor does Bank of America and its Affiliates endorse any particular views expressed therein. Except for offering memoranda, Bank of America and its Affiliates disclaim any liability to Client for this information or for any consequence of your decision to use it. Client agrees that it shall independently confirm any such information presented through the Sites before relying on such information. Bank of America, its Affiliates and their respective employees, contractors, agents and various contributors to the Sites have no duty to correct or update any inaccurate or out-of-date information on the Sites.
Client acknowledges that it is acting for its own account, and it has made its own independent decisions to enter into a Transaction and as to whether a Transaction is appropriate or proper for it based upon its own judgment and upon advice from such advisors as it has deemed necessary. Client is not relying on any communication (written or oral) of Bank of America or its Affiliates as investment advice or as a recommendation to enter into a Transaction; it being understood that information and explanations related to the terms and conditions of a Transaction shall not be considered investment advice or a recommendation to enter into that Transaction. Further, Client has not received from Bank of America or its Affiliates any assurance or guarantee as to the expected results of a Transaction.
COMPLIANCE WITH LAWS AND INDEMNITY
The Sites may be used only for lawful purposes. Client's conduct may be subject to local, state, national and international laws. Client agrees that it and any of its Authorized Persons shall comply with this Agreement, applicable laws, rules, regulations, ordinances and other similar national and international requirements of the country, state and province in which you are accessing and using the Sites.
Client agrees to abide by applicable export control laws and not to transfer, by electronic transmission or otherwise, any content on the Sites subject to restrictions under such laws to a national destination prohibited under such laws, without first obtaining, and then complying with, any requisites government authorization. Client further agrees not to upload to the Sites any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain encryption software. This assurance and commitment shall survive termination of these Terms and Conditions. Offices, residents and operations of your organization in Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria and any other countries that are the subject of sanctions by the United States Office of Foreign Asset Control or other general U.S. embargo restrictions are not permitted to access and use the Sites, and any such access and use is a violation of these Terms and Conditions.
Upon request by Bank of America or its Affiliates, you agree to defend, indemnify and hold harmless Bank of America, its Affiliates, their officers, directors, employees, agents, contractors or other suppliers from all liabilities, claims and expenses, including attorneys fees, that arise from a breach of these Terms and Conditions for which you are responsible, or from third-party claims arising from your use of the Sites. Bank of America and its Affiliates reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. Notwithstanding the foregoing, you are not required to indemnify Bank of America or its Affiliates for its own violations of applicable laws.
FOR RESIDENTS OF BRAZIL:
The information contained here does not constitute a public offering or distribution of securities in Brazil and no registration or filing with respect to any securities or financial products available on the Sites has been made with Commisao de Valores Mobiliarios.
FOR RESIDENTS OF CANADA:
The information contained here does not constitute a public offering or distribution of securities in Canada or any of its provinces. No registration or filing with respect to any securities or financial products available on the Sites has been made with any regulatory agency thereof.
FOR RESIDENTS OF FRANCE:
The Sites do not constitute a solicitation to enter into a transaction involving financial instruments, is not being distributed in the context of a public offer in France within the meaning of Article L. 411-1 of the Monetary and Financial Code, and has thus not been submitted to the COB for prior approval and clearance procedure. Any offers, sales or distribution of financial instruments through the Sites shall only be made in France to qualified investors (investisseurs qualifies) as defined in and in accordance with Article L. 411-2 of the Monetary and Financial Code and d?cret no. 98-880 dated 1st October, 1998. The contents of the Sites may not be redistributed or reproduced (in whole or in part) by any User. The Sites are made available with the understanding that Users will make investment decisions for their own account with the conditions set out in d?cret no. 98-880 dated 1st October, 1998. By using the Sites, Users undertake not to transfer, directly or indirectly, any financial instrument acquired through the Sites to the public in France, other than in compliance with applicable laws and regulation. Services hereunder may be provided by Banc of America Securities, Limited, as agent or otherwise.
FOR RESIDENTS OF GERMANY:
The Sites are made available only to professional investors as such term is defined in the Securities Sales Prospectus Act.
FOR RESIDENTS OF HONG KONG:
Access to the Sites is by invitation only to institutional investors. No information or material contained in the Sites is or should be construed as amounting to an offer to enter into any transaction or investment whatsoever. The information on these Sites is provided by the Hong Kong branch of Bank of America, N.A., and is compiled from information prepared by subsidiaries and affiliates of Bank of America Corporation. Your agreement for the use of this Site is with the Hong Kong branch of Bank of America, N.A.
FOR RESIDENTS OF IRELAND:
Access to the Sites is by invitation only to professional investors.
FOR RESIDENTS OF ITALY:
Access to the Sites is by invitation only to professional investors as defined in article 31 of CONSOB regulation no. 11522 of July 1, 1998.
FOR RESIDENTS OF JAPAN:
Access to the Sites is by invitation only to financial institutions as defined under the Law Concerning Foreign Securities Firms.
FOR RESIDENTS OF KOREA:
Access to the Sites is by invitation only to professional investors with a valid password. The information contained here does not constitute a public offering or distribution of securities in Korea.
FOR RESIDENTS OF NETHERLANDS:
Access to the Sites is by invitation only to professional market parties as defined in the Dutch Securities Transactions Supervision Act 1995. Securities or other instruments on these Sites are only offered to professional market parties.
FOR RESIDENTS OF SINGAPORE:
Access to the Sites is by invitation only to institutional investors. The information contained here does not constitute a public offering or distribution of securities in Singapore. The information in these Sites is provided by Bank of America Singapore Limited and is compiled from information prepared by subsidiaries and affiliates of Bank of America Corporation. Your agreement for the use of these Sites is with Bank of America Singapore Limited.
LIMITATION OF LIABILITY
THE FOLLOWING LIMITATIONS OF LIABILITY IN THIS SECTION SHALL NOT APPLY TO VIOLATIONS OF LAWS RELATING TO THE OFFER AND SALE OF SECURITIES. YOU ACKNOWLEDGE THAT NEITHER Bank of America, ITS AFFILIATES NOR THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS OR OTHER SUPPLIERS MAKES ANY WARRANTIES OR GUARANTEES WITH RESPECT TO THE SITES, INCLUDING WITHOUT LIMITATION, WARRANTIES REGARDING THE ACCURACY OR COMPLETENESS OF ANY CONTENT, OR WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, TITLE OR FITNESS FOR A PARTICULAR PURPOSE. Bank of America, ITS AFFILIATES AND SUCH PERSONS SHALL NOT BE LIABLE TO YOU FOR ANY LOSS, COST, DAMAGE OR OTHER INJURY, WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE, ARISING OUT OF OR CAUSED IN WHOLE OR IN PART BY (I) CLIENT'S USE OF OR RELIANCE ON THE SITES, OR (II) Bank of America's PERFORMANCE OF ITS OBLIGATIONS UNDER OR IN CONNECTION WITH THESE TERMS AND CONDITIONS. Bank of America DOES NOT REPRESENT, WARRANT OR GUARANTEE THAT THE SITES WILL BE FREE FROM ERRORS OR WILL BE AVAILABLE. FURTHERMORE, Bank of America WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, INACCURACY OF INFORMATION, COMPUTER VIRUSES, MALICIOUS CODE OR OTHER DEFECT IN THE SITES, OR FOR THE INCOMPATIBILITY BETWEEN THE SITES AND FILES AND THE USER'S BROWSER OR OTHER SITES ACCESSING PROGRAM. NOR WILL Bank of America BE LIABLE FOR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND THE Bank of America's CONTROL. IN NO EVENT WILL Bank of America, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS OR OTHER SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY PUNITIVE, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Because some states or jurisdictions do not allow the exclusion or limitation of liability for certain damages, in such states or jurisdictions, the liability of the Bank of America, its officers, directors, employees, agents, contractors or other suppliers shall be limited in accordance with this agreement to the extent permitted by law.
Neither Bank of America, its Affiliates nor any of their officers, directors, employees, agents, contractors or other suppliers shall be liable in any way, and you agree to indemnify and hold harmless Bank of America, its Affiliates and such persons for (1) any inaccuracy, error, or delay in, or omission of (a) any information on the Sites, or (b) the transmission or delivery of any information on the Sites; (2) any loss or damage arising from or occasioned by (a) any such inaccuracy, error, delay, or omission, (b) non-performance, (c) interruption of use of the Sites due either to any negligent act or omission by Bank of America, its Affiliates, their officers, directors, employees, agents, contractors or other suppliers or to any "force majeure" (i.e., flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction) or any other cause beyond the control of the Bank of America, its Affiliates, their officers, directors, employees, agents, contractors or other suppliers. You understand that Bank of America accepts no responsibility for security of information on the Internet.
Banc of America Securities Limited has approved the Sites for the purpose of Section 57 of the Financial Services Act of 1986. Banc of America Securities Limited is regulated for the conduct of investment business in the United Kingdom by the Securities and Futures Authority Limited. No access to the Sites shall be given in the United Kingdom to Private Customers, as that term is defined under the rules of The Securities and Futures Authority Limited; and any investments will not be made by us to any Private Customer.
CHANGES TO AGREEMENT
Bank of America may make changes to this Agreement at any time, without prior notice to you. Your continued use of the Sites indicates your continued agreement to be bound by this Agreement, as changed from time to time. You should view these Terms and Conditions often to stay informed of changes that may affect you.
This Agreement shall be governed by and construed under the law of the State of New York and the Federal law of the United States. You hereby consent and submit to jurisdiction in the Federal or state courts of the State of New York, U.S.A. You hereby irrevocably waive your rights to a jury trial.
The Sites may, from time to time, provide Client with various licensed programs ("Licensed Programs") from third-party vendors ("Vendors") which have been licensed by Bank of America for Client use and/or which require Client to sign a third-party license agreement ("License Agreement"). In using the Licensed Programs, Client agrees that it will
protect any confidential information of Bank of America, its Affiliates or Vendors contained in the Licensed Programs;
restrict the use of the Licensed Programs by Client solely to conditions agreed upon in the Agreement and the License Agreement;
restrict the copying of Licensed Programs to that number reasonably required for Client use and backup purposes
include Bank of America and Vendor copyright and all other proprietary notices in the use of all Licensed Programs;
prohibit the sale, relicensing, leasing, rental, lending and transferring of Licensed Programs;
prohibit, and take reasonable measures to prevent, the decompiling, disassembly, reverse engineering or modification of Licensed Programs;
comply with all export laws in respect of Licensed programs;
disclaim any liability on the part of Vendors for damages, liabilities, costs or expenses incurred by Client in the use of License Programs; and
make all vendors a third-party beneficiary of all Client waivers, disclaimers, limitation of liabilities, confidentiality and IP provisions contained in the Agreement.
MERRILL LYNCH, PIERCE, FENNER & SMITH | FURTHER INFORMATION
"Bank of America Merrill Lynch" is the marketing name for the global banking and global markets businesses of Bank of America Corporation. Lending, derivatives and other commercial banking activities are performed globally by banking affiliates of Bank of America Corporation, including Bank of America, N.A., member FDIC. Securities, strategic advisory, and other investment banking activities are performed globally by investment banking affiliates of Bank of America Corporation ("Investment Banking Affiliates"), including, in the United States, Merrill Lynch, Pierce, Fenner & Smith Incorporated and Merrill Lynch Professional Clearing Corp., both of which are registered as broker-dealers and members of FINRA and SIPC, and, in other jurisdictions, by locally registered entities. Merrill Lynch, Pierce, Fenner & Smith Incorporated and Merrill Lynch Professional Clearing Corp are registered as futures commission merchants with the CFTC and are members of the NFA. Investment products offered by Investment Banking Affiliates: Are Not FDIC Insured | May Lose Value | Are Not Bank Guaranteed.
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