This website
is sponsored by Fiserv Trust Company ("Fiserv Trust"). PLEASE READ THE
TERMS OF THIS AGREEMENT CAREFULLY; THEY ARE THE TERMS THAT GOVERN YOUR
USE OF THIS WEBSITE. BY USING THE WEBSITE YOU ARE AGREEING TO ACCEPT AND
BE LEGALLY BOUND BY THE AGREEMENT. (If you do not agree with the terms
of the Web User Agreement, simply leave the Website and refrain from using
it.)
For purposes of this Agreement, "you" means any person or entity contacting
and using this Website, any person or entity obtaining a password for
the password-protected areas of the Website, and any other persons or
entities authorized to use your account. "Content" means any and all information,
services, hyperlinks, or other audio, visual, graphic, textual or other
form of material or data displayed on the Website. You agree to ensure
that other parties using your account abide by the terms and conditions
of this Agreement and you assume responsibility for any breaches of this
Agreement by any such persons or entities.
This Agreement between you and Fiserv Trust states the terms and conditions
of your use of the Website. You agree to use this service offered by Fiserv
Trust in accordance with this Agreement. Fiserv Trust may modify this
Agreement at anytime with notice to you.
Personal Identification Number
You understand that you inquire about your Account or provide investment
direction through the Website. You understand that a Personal Identification
Number (PIN) and/or password will automatically be assigned to your account
until you log in for the first time, at which time you are required to
establish your own PIN or password. You understand that when accessing
your account via the Website, you must provide Fiserv Trust with your
Password and social security number for identification purposes. You agree
to keep your Password and social security number confidential so unauthorized
transactions cannot be made in your account. You agree that Fiserv Trust
is not responsible for determining whether a Website user is authorized,
other than verifying that such person is using the PIN or password for
your Account. You also agree to notify Fiserv Trust immediately of any
unauthorized transactions in your account. Fiserv Trust will not be responsible
for any unauthorized transactions in your account.
Risks Associated With Submitting Requests
via the Internet
Fiserv Trust Company strives to keep the Website available on a continuous
basis. However, as with all computer software systems, periodic upgrades
and other service will sometimes be required. In addition, telecommunications
links that are necessary to operate the Website are maintained by third
parties, and Fiserv Trust has no control over the ability of such external
systems to remain in operation without disruption. Thus, access to your
account over the Internet may be limited or unavailable. You acknowledge
that the Website may be occasionally unavailable due to such periodic
maintenance or to other unexpected interruptions, and Fiserv Trust is
not responsible for inaccessibility during such downtimes. In the event
the Website is unavailable, you may access your Account through the automated
Voice Response Unit (VRU).
Hyperlinks to Third Party Information
and Value Added Services
This Website MAY contain electronic hyperlinks to other sites. Fiserv
Trust offers these hyperlinks as an accommodation to you and other users,
but does not guarantee and is not responsible for the accuracy, quality,
or suitability of the information provided on websites located through
such hyperlinks, nor are we responsible for the privacy practices of such
other sites and sponsoring companies.
When you leave our site by means of a hyperlink, you are subjecting yourself
to whatever policies and practices might be employed by the operators
of the other website, and Fiserv Trust has no control over such activities.
It is strongly recommended that you read and familiarize yourself with
the user policies of other websites before utilizing the contents of those
sites.
General Disclaimer
The Content available on this Website is provided by Fiserv Trust for
general reference only. The information provided through this Website
should be used in conjunction with your quarterly account statements when
reviewing your account information. Your quarterly account statements
remain the official records of your account with Fiserv Trust. The quarterly
account statements also contain additional important information and disclosures
including, but not limited to, the statement review period and should
be retained and referred to as your official Fiserv Trust account records.
Fiserv Trust does not provide financial, investment,
tax or legal advice.
Although it is believed to be reliable, Fiserv Trust does not guarantee
the accuracy of the information provided on this Website and any informational
discrepancies must be reported to Fiserv Trust pursuant to the statement
review period. You acknowledge that any reliance on the information obtained
through this Website is at your sole risk and that you assume full responsibility
for any and all costs associated in any way with use of such information.
You further acknowledge that Fiserv Trust, its officers, directors, and
employees are not liable for damages of any kind, whether or not such
damages might have been foreseeable, related to your use of this Website
and its Content. You agree to indemnify, defend and hold harmless Fiserv
Trust and all of its employees, agents and representatives, from any and
all claims asserted by you or by a third party arising from your use of
this Website.
Arbitration and Governing Law Provisions
By using this Website, you agree that all claims and disputes of every
type and matter which may arise between you and Fiserv Trust will be submitted
to binding arbitration pursuant to the Commercial Arbitration rules of
the American Arbitration Association and that any such arbitration proceedings
and hearings will take place only in Denver, Colorado. To the extent not
preempted by federal law, Colorado statutory law (including without limitation
the statutes governing the award of damages in arbitration) and Colorado
common law will govern. You expressly waive any right to conduct litigation
or arbitration in any other forum. Arbitration is final and binding on
all parties.
Acceptable Use
This Website may not be used in violation of any community standards,
accepted Internet policy, laws or regulations of local, state, foreign
or Federal governments or agencies thereof, or international treaty. Actions
such as, but not limited to, misuse of copyrighted, patented or protected
materials, use of this Website for defamatory, threatening or obscene
purposes, the mass distribution of any message on an intrusive basis to
users of the Internet, or denial-of-service or security related attacks
is prohibited .
Security/Privacy
The Internet is not a secure network. Confidential or sensitive information
should not be transmitted over the Internet, or stored on computers directly
connected to the Internet. Fiserv Trust does not assume responsibility
for loss or theft of information transmitted over the Internet or stored
on computers directly connected to the Internet. You further acknowledge
that, by using this Website, information as to your Internet address,
your identity, the details of your activity on this Website and other
similar information will become available to Fiserv Trust and you hereby
permit Fiserv Trust to collect, store, analyze and use this information
in its sole discretion for marketing, promotional, quality control and
other purposes related to the Content and to the operation of this Website.
Fiserv Trust will only make such information available to third parties
pursuant to its Privacy Policy.
Downtime and Interruptions in Service
Fiserv Trust strives to keep this Website available on a continuous basis.
However , as with all computer systems, periodic upgrades and other service
will sometimes be required. In addition, telecommunications links that
are necessary to operate this Website are maintained by third parties
and Fiserv Trust has no control over the ability of such external systems
to remain in operation without disruption. Thus, you acknowledge that
this Website may be occasionally unavailable due to such periodic maintenance
or to other unexpected interruptions, and Fiserv Trust is not responsible
for inaccessibility during such downtimes.
Termination
This Agreement is effective unless and until terminated by Fiserv Trust.
Fiserv Trust may terminate this Agreement at any time without notice to
you, and accordingly, deny you access to this Website in our sole discretion
if you fail to comply with the provisions of this Agreement.
Modification
Fiserv Trust may modify the Content of this Website at any time without
notice. Fiserv Trust makes no guarantee that the Content offered on this
Website will remain available for any specific period of time.
General Provisions
The Security Disclosure, Privacy Policy and Valuation Reporting Policy
contained on this Website are incorporated within this Agreement by this
reference. This Agreement sets forth the entire agreement between you
and Fiserv Trust related to the subject matter addressed above. If any
provision of this Agreement is invalid or unenforceable, the remainder
of the Agreement shall remain in force and the affected provisions shall
be deemed modified so as to be enforceable to the maximum extent permitted
by law. You may not assign this Agreement to a third party without Fiserv
Trust's prior written consent. Fiserv Trust shall not be deemed to have
waived any rights herein by electing not to enforce such rights. Fiserv
Trust shall not be responsible for any failure in performance that is
due to causes or occurrences beyond its control.
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