Terms and Conditions
Please Read These Terms Carefully Before Using This Site
The PT Financial family of financial services companies ("Performance Trust") provides this web site (the "Site"), subject to the following Terms and Conditions of Use, which may be updated by us from time to time without notice. This Site provides you with certain services, including but not limited to, access to information about the products and services offered by the Performance Trust family of companies, and may provide you with information regarding other financial and consumer services and products offered by PT Financial, LLC and its affiliates ("Affiliates") and other third party providers ("Providers"). Use of this Site and the services are subject to the Terms and Conditions of Use and all applicable laws. Certain areas within this Site may be subject to additional or different terms and conditions of use, which are posted in those areas. Not all of the services and materials described on this Site are available for use in all geographic areas of the United States or in all countries where Performance Trust companies conduct business. By using the Site, you agree to abide by all of the terms and conditions set forth in this notice. Unless stated otherwise, any new services and materials added to this Site also will be covered by these Terms and Conditions of Use.
PLEASE READ THESE TERMS CAREFULLY. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OR CONDITIONS, DO NOT ACCESS OR OTHERWISE USE THIS WEB SITE OR ANY INFORMATION CONTAINED ON THIS WEB SITE. YOUR ACCESS AND USE OF THIS WEB SITE CONSTITUTES YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS AND CONDITIONS SET FORTH BELOW.
Subject to the terms and conditions set forth in this Agreement, Performance Trust grants you a non-exclusive, non- transferable, limited right to access, use and display this Site and the materials thereon. You agree not to interrupt or attempt to interrupt the operation of the Site in any way. Performance Trust authorizes you to view and download the information ("Materials") at this Site only for your individual use. This authorization is not a transfer of title in the Materials and copies of the Materials and is subject to the following restrictions: 1) you must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials; 2) you may not modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose (other than for your own benefit); and 3) you must not transfer the Materials to any other person. You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time.
THE INFORMATION ON THIS SITE IS NOT AN OFFER BY OR ON BEHALF OF PERFORMANCE TRUST OR ITS AFFILIATES TO SELL OR SOLICIT AN OFFER TO BUY ANY SECURITY PRODUCT.
No Professional Advice
The information available on the Site is intended to be a general information resource regarding the matters covered, but is not offered as legal, accounting, tax or other financial advice, and is not tailored to a customer's specific circumstances. ALL INFORMATION, OPINIONS AND ADVICE AVAILABLE ON THIS SITE SHOULD BE EVALUATED IN CONSULTATION WITH A LEGAL, ACCOUNTING, TAX, INVESTMENT OR OTHER FINANCIAL SPECIALIST. The investments, investment strategies, and investment philosophies discussed or presented on the Websites each involve their own unique risk factors or considerations; these risk factors are not discussed on the Websites. Visitors should consult with a licensed, qualified investment professional, and/or research the risks involved, before investing: THE COMPANY ACCEPTS NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF THE USE OF ANY OF THE MATERIAL ON THE WEBSITES, OR AS A RESULT OF MARKET RISKS. INVEST AT YOUR OWN RISK.
This Site, including all Materials, is copyrighted and protected by worldwide copyright, trademark and intellectual property laws and treaty provisions. You agree to comply with all such laws worldwide in your use of this Site and to prevent any unauthorized copying of the Materials. Except as expressly provided herein, Performance Trust does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information. Performance Trust and the Performance Trust logo are service marks/trademarks of PT Financial, LLC
You understand that Performance Trust staff, contributors, contributors' firms, and/or Affiliates, and/or immediate family members of the preceding individuals, groups, or firms, may hold positions in investments discussed or presented on the Site. You understand that investing in any of the investments discussed or presented on the Site may mean that one or more of the preceding individuals, groups, or firms also has an active position in that investment at the same time.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (1) YOUR USE OF THIS SITE AND THE SERVICES AND MATERIALS PROVIDED AT THE SITE ARE AT YOUR SOLE RISK, AND (2) THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. PERFORMANCE TRUST, ITS AFFILIATES AND THE PROVIDERS DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON THE MATERIAL OR ANY OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK.
PERFORMANCE TRUST, ITS AFFILIATES AND THE PROVIDERS (AS TO THEIR MATERIALS ONLY) RESERVE THE RIGHT, IN THEIR SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. WE USE REASONABLE EFFORTS TO PROVIDE YOU WITH ACCURATE INFORMATION. WE RESERVE THE RIGHT, HOWEVER, TO MAKE CORRECTIONS AND/OR CHANGES SHOULD THIS INFORMATION PROVE TO BE INACCURATE. PERFORMANCE TRUST, ITS AFFILIATES AND THE PROVIDERS (AS TO THEIR MATERIALS ONLY) MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE.
THIS SITE, THE SERVICES, INFORMATION AND MATERIALS ON THE SITE AS WELL AS ANY SOFTWARE MADE AVAILABLE ON THE SITE, ARE PROVIDED "AS IS," "WHERE IS," AND "WHERE AVAILABLE" WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE.
SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES. THEREFORE SOME OF THE EXCLUSIONS ABOVE MAY NOT APPLY TO YOU, IN WHICH EVENT IN SUCH JURISDICTION THE FOREGOING SHALL APPLY TO THE MAXIMUM EXTENT ALLOWED BY LAW. YOU ACKNOWLEDGE THAT NEITHER PERFORMANCE TRUST, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SERVICES OR THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES OR THE SITE, OR AS TO THE TIMELINESS, SEQUENCE, ACCURACY, RELIABILITY, COMPLETENESS OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SERVICES AND THE SITE. PERFORMANCE TRUST DOES NOT ENDORSE PRODUCTS OR SERVICES APPEARING ON LINKED SITES OR PURCHASED VIA LINKED SITES. (THIS DOES NOT AFFECT ANY MANUFACTURER'S WARRANTIES THAT THE PROVIDERS OF THE LINKED SITES OTHERWISE OFFER.)
EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT OR WHERE THE LAW REQUIRES A DIFFERENT STANDARD, YOU AGREE THAT PERFORMANCE TRUST IS NOT RESPONSIBLE FOR ANY LOSS, PROPERTY DAMAGE OR BODILY INJURY, WHETHER CAUSED BY ACCESS TO OR USE OF THE SERVICES OR THE SITE. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, PERFORMANCE TRUST WILL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL, ECONOMIC OR OTHER DAMAGES ARISING IN ANY WAY OUT OF THE INSTALLATION OR USE OF THE SERVICES, THE SITE, ANY ON-LINE SERVICES OR INTERNET BROWSER SOFTWARE, INCLUDING LIABILITY ASSOCIATED WITH ANY COMPUTER VIRUSES WHICH MAY INFECT YOUR COMPUTER SYSTEM.
Limitation of Liability
YOU UNDERSTAND AND AGREE THAT PERFORMANCE TRUST, ITS AFFILIATES AND THE PROVIDERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES, COSTS OR LOSS OF PRODUCTS, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITIES OF THOSE DAMAGES, RESULTING FROM: (i) YOUR USE OF OR INABILITY TO USE THE SITE, THE SERVICES, OR MATERIALS, OR (ii) OBTAINING SUBSTITUTE PRODUCTS AND/OR SERVICES, OR (iii) THE USE OF ANY DATA, INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM TRANSACTIONS ENTERED INTO THROUGH THE SITE, OR (iv) ANY STATEMENT OR CONDUCT OF ANY THIRD PARTY, OR (v) ANY OTHER MATTER RELATED TO THE SITE, THE SERVICES OR MATERIALS. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU, IN WHICH EVENT IN SUCH JURISDICTION THE FOREGOING SHALL APPLY TO THE MAXIMUM EXTENT ALLOWED BY LAW. YOU ARE RESPONSIBLE FOR THE ENTIRE COST OF ALL SERVICING, REPAIR OR CORRECTION OF YOUR PROPERTY OR OPERATIONS, INCLUDING WITHOUT LIMITATION YOUR COMPUTER, NETWORK, SOFTWARE OR ANY DEVICE, REQUIRED AS A RESULT OF OR RELATED TO USING THIS SITE. IN NO EVENT SHALL ING'S TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES AND CAUSES OF ACTION OF ANY KIND - WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), STRICT LIABILITY OR OTHERWISE - EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
Third Party Sites
All link to the Site must be approved in writing by Performance Trust, except that Performance Trust consents to links in which: (i) the link is a text-only link containing only the name "Performance Trust", (ii) the link "points" only to www.performancetrust.com and/or www.ptam.com and not to deeper pages: (iii) the link, when activated by a user, displays that page full-screen in a fully operable and navigable browser window and not within a "frame" on the linked website; and (iv) the appearance, position, and other aspects of the link may neither create the false appearance that an entity or its activities or products are associated with or sponsored by Performance Trust nor be such as to damage or dilute the goodwill associated with the name and service marks/trademarks of Performance Trust or its Affiliates. Performance Trust reserves the right to revoke this consent to link at any time in its sole discretion.
There is always the possibility of unknowingly acquiring computer viruses on the Internet and thus we want to warn you about infections or viral contamination on your system. It is your responsibility to scan any and all downloaded materials received from the Internet. Performance Trust and its Affiliates are not responsible or liable for any damage caused by viruses or related hazards, whether or not that virus or hazard resulted from a visit to this Site. You, and not Performance Trust or its Affiliates, assume the entire cost of all necessary servicing, repair, or correction related to computer viruses.
Information Provided By You
In order to use certain Services on this Site, you may have to register. You agree to provide true, accurate and current information about yourself as prompted by the registration and application forms on this Site. If any information you provide is untrue, inaccurate, incomplete or not current, or if Performance Trust or any Affiliate has reasonable grounds to suspect that such information is untrue, inaccurate, incomplete or not current, Performance Trust, in its sole discretion, has the right to suspend or terminate your access to the Site. Further, you agree that Performance Trust will not be liable to you or any third party if Performance Trust terminates your access to the Site, and the Services or Materials thereon, for any reason.
Except for the information you submit during the registration process or during the use of any other service offered through this Site (the "Permitted Information"), Performance Trust and its Affiliates do not want you to, and you should not, send any confidential or proprietary information to Performance Trust or its Affiliates via the Site. You agree that any information or materials that you or individuals acting on your behalf provide to Performance Trust or its Affiliates other than the Permitted Information will not be considered confidential or proprietary. By providing any such information or materials to Performance Trust or its Affiliates, you grant to Performance Trust and its Affiliates an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit, distribute and sub-license to others such information and materials, and you further agree that Performance Trust and its Affiliates are free to use, and allow others to use, any ideas, concepts or know-how that you or individuals acting on your behalf provide to Performance Trust or its Affiliates. You further recognize that Performance Trust and its Affiliates do not want you to, and you warrant that you shall not, provide any information
or materials to Performance Trust or its Affiliates that is
defamatory, threatening, obscene, harassing, or otherwise
unlawful, or that incorporates the proprietary material of
Notices from Performance Trust and its Affiliates to you regarding your use of the Site, the Services and Materials will be made by e-mail or regular mail, in the sole discretion of Performance Trust or the applicable Affiliate, unless otherwise required by law or contract.
Performance Trust reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms and Conditions of Use in whole or in part, at any time without notice; you should periodically revisit this Site to review the current terms and conditions by which you are bound. Changes in these Terms and Conditions of Use will be effective when posted. Your continued use of the Site, the Services and Materials after any changes to these Terms and Conditions of Use are posted will be considered acceptance of the changes.
Performance Trust and its Affiliates may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features of the Site, at any time without notice. Performance Trust and its Affiliates may also impose limits on certain features and services or restrict your access to all or parts of the Site without notice or liability. Performance Trust and its Affiliates may terminate the authorization, rights and license given above.
The Terms and Conditions of Use constitute the entire agreement between Performance Trust, its Affiliates and you in connection with your use of this Site, the Services and the Materials. Any cause of action you may have with respect to your use of this Site, the Services or the Materials must be commenced within one (1) year after the claim or cause of action arises. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms and Conditions of Use or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms and Conditions of Use, and the remainder of the Terms and Conditions of Use shall continue in full force and effect. In the event of termination, the disclaimers and limitations of liabilities set forth in the Terms and Conditions of Use will survive.
The Terms and Conditions of Use will be deemed to include all other notices, policies, disclaimers and other terms contained in this Site and in other contracts that you may have executed with Performance Trust and its Affiliates. International Users and Choice of Law
This Site is controlled, operated and administered by Performance Trust from its offices within the United States of America. Performance Trust and its Affiliates make no representation that materials at this Site are appropriate or available for use at other locations outside the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export the Materials in violation of U.S. export laws and regulations. If you access this Site from a location outside the United States, you are responsible for compliance with all local laws.
These Terms and Conditions of Use shall be governed by the laws of the State of Illinois, United States of America, without giving effect to its conflict of laws provisions.
Requirement of Written Agreement
The purchase or sale of securities between Performance Trust, its Affiliates and their customers are governed by written policies or contracts. The terms of these policies or contracts are binding on the parties. No other representation, whether made in person, online, electronically (including, but not limited to, representations on this Site), in writing, or by graphic or verbal communication may alter the terms of those policies or contracts.
The material on the Site is for informational purposes only and it covers a variety of topics on financial products and services. Although some of the information involves tax, legal, accounting or similar issues, neither Performance Trust or Affiliates offering the products or services nor their agents or affiliates are in the business of offering such advice. In addition, advice on such matters must fit your particular circumstances. Consequently, we strongly encourage you to consult with your own professional advisors to examine the legal, tax, accounting or investment aspects of any information presented on the Site and how they may affect your particular situation.
THIS SITE IS NOT INTENDED FOR DISTRIBUTION TO, OR USE BY, ANY PERSON OR ENTITY IN ANY COUNTRY OR JURISDICTION WHERE SUCH DISTRIBUTION OR USE WOULD BE CONTRARY TO LOCAL LAW OR REGULATION. BY OFFERING THIS SITE AND INFORMATION, OR ANY PRODUCTS OR SERVICES VIA THIS SITE, NO DISTRIBUTION OR SOLICITATION IS MADE BY PERFORMANCE TRUST OR ITS AFFILIATES TO ANY PERSON TO USE THIS SITE, OR SUCH INFORMATION,
PRODUCTS OR SERVICES IN JURISDICTIONS WHERE THE PROVISION
OF THIS SITE AND SUCH INFORMATION, PRODUCTS AND SERVICES IS
PROHIBITED BY LAW.
The products and services described on the Site:
are available only to consumers in the United States of America unless otherwise specifically noted;
may not be available in all states of the USA; and
are subject to all applicable laws and regulations.
Certain statements contained herein are statements of future expectations and other forward-looking statements that are based on management's current view and assumptions and involve known and unknown risks and uncertainties that could cause actual results, performance or events to differ materially from those expressed or implied in such statements. Actual results, performance or events may differ materially from those in such statements due to, without limitation (i) general economic conditions, including in particular economic conditions in Performance Trust's core markets, (ii) performance of financial markets, including emerging markets, (iii) the frequency and severity of insured loss events, (iv) mortality and morbidity levels and trends, (v) persistency levels, (vi) interest rate levels, (vii) currency exchange rates, including the Euro - U.S. dollar exchange rate, (viii) increasing levels of competition, (ix) changes in laws and regulations, including monetary convergence and the European Monetary Union, (x) changes in the policies of central banks and/or foreign governments, and (xi) general competitive factors, in each case on a global, regional and/or national basis. Performance Trust does not undertake any obligation to correct or update any forward-looking statements on this Site.