Terms and Conditions of Use
The
use of the Performance Trust Capital Partners, LLC ("PTCP" or "Performance
Trust") websites located on the peformancetrust.com domain is conditioned
upon the acceptance by you, without modification, of these Terms and Conditions
of Use ("Terms and Conditions"). PTCP
reserves any rights, privileges, or immunities not expressly granted under
these Terms and Conditions.
Acceptance of Terms and Conditions
These Terms and Conditions govern
access and use of the Performance Trust website.
By accessing and using the Performance Trust website,
you certify that you have read and understand these Terms and Conditions. By
agreeing to these Terms and Conditions on behalf of an organization, you
certify that you have the authority of that organization to enter into these
Terms and Conditions. If you do not
agree to these terms and Conditions, you must cease all use of the Performance
Trust website. The Performance Trust website is intended for use only by
individuals 16 years of age and older.
You are not permitted to and shall not provide Performance Trust with
personal information if you are under the age of 16.
Performance Trust reserves the
right to change, modify, add or remove portions of these Terms and Conditions
from time to time at its sole discretion.
Your access and use of the Performance Trust website constitutes
your acknowledgement of, and agreement to, the updated Terms and Conditions and
will be subject to the most current version of the Terms and Conditions posted
on the home or login page of the Performance Trust website at the time of such
use. You should periodically check the
"Terms and Conditions of Use" link on the home or login page of the Performance
Trust website to view the then-current Terms and Conditions.
Changes
to Performance Trust Website
Performance Trust reserves the right to modify or discontinue
the Performance Trust website with or without notice to you. Performance Trust will not be liable to you
or any third party should it exercise its right to modify or discontinue the
Performance Trust website. If you object
to any such changes, your sole recourse will be to cease access to the Performance
Trust website and any content accessed through the Performance Trust
website.
This website provides you with certain services, including but not
limited to, access to information about the products and services offered by
Performance Trust, and may provide you with information regarding other
financial and consumer services and products offered by Performance Trust and its affiliates ("Affiliates") and other
third-party providers. Use of this website and the services
are subject to these Terms and Conditions of Use
and all applicable laws. Certain areas within
this website 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 website are available for use in all geographic areas of the United States of America or in all
countries where Performance Trust conducts business. By
using the website, 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 website also will be covered by these Terms and
Conditions of Use.
Disclaimers;
Limitations of Liability
(a)
YOU ACKNOWLEDGE AND AGREE THAT THE PERFORMANCE
TRUST WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS, AND THAT
YOUR USE OF THE PERFORMANCE TRUST WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW,
PERFORMANCE TRUST ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES,
CONTRACTORS, AND LICENSORS (THE "PERFORMANCE TRUST PARTIES") DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PERFORMANCE TRUST
WEBSITE AND YOUR USE THEREOF.
PERFORMANCE TRUST MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE
QUALITY, TRUTHFULNESS, VALIDITY, ACCURACY, OR COMPLETENESS OF THE PERFORMANCE
TRUST WEBSITE OR ANY THIRD-PARTY WEBSITE AND ASSUMES NO LIABILITY OR
RESPONSIBILITY FOR ANY (I) ERRORS OR OMISSIONS IN ANY CONTENT, (II) TECHNICAL
ERRORS AFFECTING THE PERFORMANCE TRUST WEBSITE IN ANY WAY, (III) BUGS, VIRUSES,
TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE
PERFORMANCE TRUST WEBSITE BY ANY THIRD PARTY, OR (IV) LOSS OR DAMAGE OF ANY
KIND INCURRED AS A RESULT OF THE USE OF THE PERFORMANCE TRUST WEBSITE.
(b)
THE PERFORMANCE TRUST WEBSITE IS
FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO BE RELIED UPON AS A
FORECAST, RESEARCH, OR INVESTMENT ADVICE.
NOTHING CONTAINED ON THE PERFORMANCE
TRUST WEBSITE CONSTITUTES TAX, ACCOUNTING, REGULATORY, LEGAL, INSURANCE, OR
INVESTMENT ADVICE. NEITHER THE
INFORMATION NOR ANY OPINION CONTAINED ON THIS WEBSITE CONSTITUTES A
SOLICITATION OR OFFER BY PERFORMANCE TRUST OR ITS AFFILIATES TO BUY OR SELL ANY
SECURITIES, FUTURES, OPTIONS, OR OTHER FINANCIAL INSTRUMENTS, NOR SHALL ANY
SUCH SECURITY BE OFFERED OR SOLD TO ANY PERSON IN ANY JURISDICTION IN WHICH
SUCH OFFER, SOLICITATION, PURCHASE, OR SALE WOULD BE UNLAWFUL UNDER THE
SECURITIES LAWS OF SUCH JURISDICTION.
(c)
THE INVESTMENTS AND STRATEGIES DISCUSSED
IN THE PERFORMANCE TRUST WEBSITE MAY NOT BE SUITABLE FOR ALL INVESTORS AND ARE
NOT OBLIGATIONS OF PERFORMANCE TRUST OR ITS AFFILIATES OR GUARANTEED BY
PERFORMANCE TRUST OR ITS AFFILIATES.
PERFORMANCE TRUST MAKES NO REPRESENTATIONS THAT HE CONTENTS ARE APPROPRIATE
FOR USE IN ALL LOCATIONS, OR THAT THE TRANSACTIONS, SECURITIES, PRODUCTS,
INSTRUMENTS, OR SERVICES DISCUSSED ON THIS WEBSITE ARE AVAILABLE OR APPROPRIATE
FOR SALE OR USE IN ALL JURISDICTIONS OR COUNTRIES, OR BY ALL INVESTORS OR
COUNTERPARTIES. BY MAKING AVAILABLE INFORMATION ON THE PERFORMANCE TRUST
WEBSITE, PERFORMANCE TRUST DOES NOT REPRESENT THAT ANY INVESTMENT VEHICLE IS
AVAILABLE OR SUITABLE FOR ANY PARTICULAR USER. DECISIONS BASED ON INFORMATION
CONTAINED ON THIS WEBSITE ARE YOUR SOLE RESPONSIBILITY.
(d)
IN NO EVENT WILL PERFORMANCE TRUST BE LIABLE TO YOU FOR ANY
DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES
(INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) OR FOR THE COST OF
PROCURING SUBSTITUTE PRODUCTS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS
OF USE OR THE USE OF THE PERFORMANCE TRUST WEBSITE. WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM
BASED UPON CONTRACT, WARRANT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR
OTHERWISE, AND WHETHER OR NOT PERFORMANCE TRUST HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH LOSS OR DAMAGE. SOME
JURISDICTIONS MAY NOT ALLOW LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES
SO THIS RESTRICTION MAY NOT APPLY.
(e)
IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID
OR UNENFORCEABLE FOR ANY REASONS, THEN THE AGGREGATE LIABILITY OF PERFORMANCE
TRUST PARTIES SHALL NOT EXCEED $100.
(f)
THE PERFORMANCE TRUST WEBSITE MAY CONTAIN LINKS TO WEBSITES
OWNED OR OPERATED BY THIRD PARTIES. IF
YOU LEAVE THE PERFORMANCE TRUST WEBSITE, PERFORMANCE TRUST HAS NO CONTROL OVER
THE CONTENTS OF ANY LINKED WEBSITE AND IS NOT RESPONSIBLE FOR THESE WEBSITES OR
THEIR CONTENT OR AVAILABILITY. PERFORMANCE
TRUST MAKES NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES, EXPRESS OR IMPLIED,
ABOUT SUCH LINKED WEBSITES, THE THIRD PARTIES THEY ARE OWNED AND OPERATED BY
THE INFORMATION CONTAINED ON THEM, OR THE SUITABILITY OR QUALITY OF ANY OF
THEIR PRODUCTS OR SERVICES. A LINK TO A
THIRD-PARTY WEBSITE FROM THE PERFORMANCE TRUST WEBSITE DOES NOT IMPLY
SPONSORSHIP, APPROVAL, AFFILIATION, OR ENDORSEMENT BY PERFORMANCE TRUST. YOU USE OF LINKS TO THIRD-PARTY WEBSITES IS
AT YOUR OWN RISK, AND PERFORMANCE TRUST SHALL NOT BE RESPONSIBLE OR LIABLE,
DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO HAVE BEEN
CAUSED BY, RELATED TO, OR IN CONNECTION WITH ANY THIRD-PARTY WEBSITES.
Trademarks, Copyrights,
and other Intellectual Property
(a)
Performance Trust and its affiliates reserve all intellectual property and proprietary
rights in and to the Performance Trust website. You acknowledge and agree that Performance
Trust or its affiliates is the exclusive and
rightful owner of, and shall retain all worldwide right, title, and interest in
and to, all registered and unregistered, and any future registered, names,
trademarks, trade dress, service marks, domain names, and logos, or any derivation
thereof, and all goodwill therein, of Performance Trust and its affiliates ("Licensed Marks"). Nothing
contained in these Terms and Conditions shall serve to transfer to you any
ownership or proprietary interest in the Licensed Marks.
(b)
The works of authorship
contained in the Performance Trust website, including, but not limited to, all design, text, sound
recordings, and images—are owned, except as otherwise expressly stated, by Performance
Trust or its affiliates and may not be copied,
reproduced, transmitted, displayed, performed, distributed, rented,
sublicensed, uploaded, posted, framed, altered, stored for subsequent use, or
otherwise used in whole or in part in any manner without Performance
Trust's or its affiliates' prior
written consent, except to the extent that such use constitutes "fair use"
under the Copyright Act of 1976 (17 U.S.C. ยง 107), as amended, and then, only
with notices of Performance Trust's or its affiliates' proprietary rights
(c)
You may link to the Performance
Trust website, provided that
(i) the appearance, position, and other aspects of the link do not damage or
dilute the goodwill associated with Performance Trust's or its
affiliates' name and trademarks;
(ii) the link or website that is being linked does not violate Performance
Trust's or any third party's
intellectual property rights; (iii) no aspect of the link, including the
appearance and position of the link, may create the appearance that an entity
is associated with or sponsored by Performance Trust or its
affiliates when association or
sponsorship does not exist; (iv) the link, when activated by a user, must
display the Performance Trust website web page in its entirety and not within a "frame" on the
linked website; and (v) Performance Trust and its affiliates reserve the right to revoke its consent to the
link at any time in its sole discretion and you shall remove the link within
five (5) calendar days.
(d)
The
content contained on this website is owned or licensed by Performance Trust or its affiliates and its third-party
information providers and is protected by applicable copyrights, trademarks,
service marks, and other intellectual property rights. Such content is solely for your personal,
non-commercial use. Accordingly, you may
not copy, distribute, modify, post, frame, or deep link this Performance Trust
website, including any text, graphics, video, audio, software code, user
interface design or logos. You may
download material displayed on this website for your personal use provided you
also retain all copyright and other proprietary notices contained on the
materials. You may not distribute,
modify, transmit, reuse, repose, or use the content of this website for public
or commercial purposes, including all text, images, audio, and video without
Performance Trust's written permission.
Modification or use of the materials for any other purpose violates
Performance Trust's or its affiliates' intellectual property rights.
(e) The Licensed Marks are trademarks or registered trademarks of Performance Trust or its affiliates in the U.S. and other countries. All other trademarks used on the Performance Trust website are property of their respective owners. The absence of a name, logo, or other mark on this list does not constitute a waiver of any and all intellectual property rights that Performance Trust has established in any of its products, services, programs, features, service marks, service names, or logos. Third parties may not use the Licensed Marks without Performance Trust's or its affiliates' prior written permission.
Permitted Uses
Subject to Restrictions
below and any other restrictions in these Terms and Conditions, the content and
material provided through the Performance Trust
website shall be used ONLY for your own non-commercial personal or professional
use.
Restrictions
In no case may you:
(a)
decompile, reverse
engineer, disassemble, modify, distribute, or create derivative works or
improvements from the Performance Trust website or any portion thereof, or
attempt to discover any source code, protocols, or other trade secrets in the Performance
Trust website;
(b)
obtain or attempt to
obtain unauthorized access to Performance Trust's website or network;
(c)
use the Performance
Trust website in violation of applicable laws or regulations;
(d)
develop or create a
database of data using the Performance Trust website, except as expressly
permitted by any other terms of use on the Performance Trust website;
(e)
use any process to
monitor or copy the Performance Trust website in bulk, or use any data mining,
scraping or harvesting tools (including robots), or any similar data-gathering
or extraction tools;
(f)
use any device,
software, or routine to bypass any software or hardware that limits the volume
or frequency of requests for the Performance Trust website;
(g)
attempt to interfere
with the proper working of the Performance Trust website, including taking any
action that imposes an unreasonable or disproportionately large load on the Performance
Trust website (including by making voluminous, excessive, or repetitive
requests for data) or introduce a virus or other malware to the Performance
Trust website;
(h)
alter or modify the
content of the Performance Trust website;
(i)
create derivative
works or improvements from the Performance Trust website;
(j)
use the Performance Trust
website in any unlawful, fraudulent, misleading, obscene, harmful, threatening,
harassing, defamatory, or hateful manner, that invades the privacy of any third
party, for any unlawful purpose, or in any manner inconsistent with these Terms
and Conditions;
(k)
use the Performance
Trust website or Licensed Marks in a manner that infringes, violates, or
misappropriates Performance Trust's, its affiliates', or a third party's
intellectual property rights;
(l)
use the Performance
Trust website in any manner that disparages Performance Trust or is otherwise
threatening, vulgar, or inappropriate as Performance Trust determines, in its
sole discretion;
(m)
remove, obscure, make
illegible, or alter any original copyright or other notices or indications
placed on the Performance Trust website; or
(n)
use the Performance
Trust website for any purposes for which you have not been granted written
permission by Performance Trust.
Performance Trust reserves the right to
suspend, terminate, or block your access to the Performance Trust website with
or without notice to you, in the event that Performance Trust believes that you
have violated any provision of these Terms and Conditions.
Indemnification
You
agree to indemnify, defend, and hold Performance Trust and the Performance Trust
Parties harmless from and against any claims and shall pay all suits, losses,
damages, liabilities, claims, expenses, proceedings, and actions, and all
related expenses (including reasonable attorneys' fees and expenses) arising
out of, relating to, or in connection with (a) your breach of any terms,
provisions, covenants, warranties, or representations contained herein or in
connection with these Terms and Conditions; (b) your use or misuse of the Performance
Trust website; (c) any claim that information, content, or data provided to you
by Performance Trust in connection to the Performance Trust website infringe,
misappropriate, or otherwise violate or conflict with any applicable law or any
person's (i) patents, inventions, and discoveries; (ii) trademarks, service
marks, domain names, social media user names, trade dress, and trade names;
(iii) copyrights, moral rights, works of authorship, proprietary designs, and
rights in data and databases; (iv) confidential and proprietary information,
including trade secrets and invention rights; (v) rights of privacy and
publicity; or (vi) any other proprietary rights; or (d) any activities in
connection with these Terms and Conditions.
Privacy
In
consideration of your use of the Performance Trust website, you agree that Performance
Trust may collect generic tracking data related to your or your end users' use
of the Performance Trust website in accordance with the Performance Trust
website Privacy Policy found at https://www.performancetrust.com/privacy-policy, which is
incorporated herein by reference.
Other Performance Trust Policies and Terms
These
Terms and Conditions apply exclusively to your access to and use of the Performance
Trust website and do not alter the terms or conditions of any other
agreements you may have with Performance Trust. Additional terms and policies
may apply to use of all or portions of the Performance Trust website and are
incorporated by reference into these Terms and Conditions, such as the Performance
Trust website Privacy Policy. Please refer to and review all additional
specific terms and policies, as applicable.
International Use
When accessing the Performance Trust website,
you agree to comply with local rules, as well as the rules, laws, codes, and
regulations of the country in which you reside and the country from which you
access this website. You also agree to
comply with the rules, laws, codes, and regulations about the transmissions of
information that is exported form the US and any other relevant US and state
laws, regulations, and restrictions.
Injunction
In
the event of any actual or threatened unauthorized use of the Performance Trust
website, Performance Trust will be entitled, without waiving any other rights
or remedies, to immediate injunctive or equitable relief from a court of
competent jurisdiction and may obtain any order restraining any threatened or
future unauthorized use or loss in each case, on use of affidavit evidence or
otherwise, and without furnishing proof of actual damages or posting a bond or
other surety.
Choice of Law
These
Terms and Conditions shall be construed in accordance with the laws of the State
of Illinois, without regard to its conflict of laws rules. You and Performance
Trust agree that any claim arising under these Terms and Conditions shall only
be brought in the state or federal courts located in Cook County in the State
of Illinois. You and Performance Trust agree to submit to personal jurisdiction
in that court and expressly waive any right to a jury trial.
Entirety
These
Terms and Conditions constitute the entire agreement between you and Performance
Trust with respect to the subject matter hereof. Nothing contained herein shall
supersede, alter, or nullify the terms of any other agreements or policies for
other Performance Trust products or services ("Other Performance Trust Terms")
accessed through the Performance Trust website. In the event of a conflict,
between these Terms and Conditions and the Other Performance Trust Terms, the
Other Performance Trust Terms shall govern.
Contact
If you have questions about these Terms and
Conditions, or if you have technical questions about the operation of the Performance
Trust website, please contact our web team at marketing@performancetrust.com.