Performance Trust path

Terms and Conditions of Use

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.

Last modified: December 21, 2023