Terms and Conditions of Use
This Terms and Conditions of Use Agreement (the “Agreement”) describes the terms and conditions on which Great Gray Trust Company allows access to and use of sites operated by Great Gray Trust Company and all of its subsidiaries and affiliates (collectively, “Great Gray Trust Company”, “we”, or “our”) (collectively, including any of the services made a part of or available through the websites and any of its web pages or links and/or mobile applications, the “Site”).
Great Gray Trust Company is a service mark used in connection with services offered to individual and institutional retirement plan aggregators providing customized retirement plans.
Please carefully read this Agreement.
YOUR USE OF THIS SITE (WWW.GREATGRAY.COM) CONSTITUTES YOUR EXPRESS ACKNOWLEDGEMENT OF RECEIPT OF, CONSENT TO AND ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT CONSENT TO THE AGREEMENT BELOW, YOU SHALL NOT ACCESS THIS SITE OR ANY WEB PAGES OR LINKS AND/OR MOBILE APPICATIONS THEREIN. GREAT GRAY TRUST COMPANY RESERVES THE RIGHT TO CHANGE, MODIFY, REMOVE, OR ADD PORTIONS TO THE AGREEMENT AT ANY TIME BY POSTING THOSE CHANGES TO OUR SITE. WE RECOMMEND THAT YOU PERIODICALLY RETURN TO OUR SITE AND REVIEW THE AGREEMENT FOR CHANGES THAT MAY AFFECT YOU. ANY CHANGE, MODIFICATION, ADDITION, OR REMOVAL TO THE AGREEMENT WILL BECOME EFFECTIVE IMMEDIATELY UPON POSTING TO THIS SITE.
LIMITED LICENSE. Great Gray Trust Company grants you a personal, revocable (at any time), non-exclusive, non-transferable, non-sublicensable, limited license to access, use and display the Site and the information, graphics, content and materials thereon (“Content”) and any software that may be necessary to use the Site for your personal use. You have no ownership rights in the Content or Site, which is owned by us or our licensors. The works of authorship contained in the Site, including, but not limited to, all design, text, sound recordings and images, are owned or licensed by, except as otherwise expressly stated, Great Gray Trust Company. You acknowledge and agree that the Site and the Content are protected by copyrights, trademarks, service marks, and other proprietary rights and laws and are provided only for your personal, non-commercial use. You may not copy, display, perform, distribute, license, frame, download, modify, publish, report, repost, sell, transmit, store for subsequent use, or otherwise use in whole or in part in any manner the Site or Content without our express prior written permission, except to the extent permitted by the Copyright Act of 1976 (17 U.S.C. § 107), as amended. Except as expressly provided above, we reserve all rights. Copies made incidentally in the ordinary course of your personal, non-commercial use of this website and a reasonable number of printed copies for such use are permitted, provided that you do not modify or alter the material in any way and you do not remove, obscure or change any copyright, trademark or other proprietary marks or information.
You acknowledge that we may provide certain portions of the Content under license from our agents, vendors or partners (“Third Party Providers”), and you agree to comply with any additional restrictions on your usage that we may communicate to you from time to time, or that are otherwise the subject of an agreement between you and such licensors.
TRADEMARKS. Great Gray Trust Company and its affiliated entities claim rights in certain trademarks, service marks and logos contained and displayed in the Site and Contents. Great Gray Trust Company may also claim trademark or service mark rights in other product names, business names, logos, slogans and other marks contained on the Site and its Contents. You may not use any Great Gray Trust Company trademarks or service marks without first obtaining our express written permission. Other featured words or symbols used to identify the source of products and services may be the trademarks of their respective owners. Great Gray Trust Company makes no claim to such marks and do not endorse, support or recommend such products or services.
USE OF CONTENT; NO INVESTMENT ADVICE OR OFFERS. The Site and Content is provided for your convenience and information only. The Contents and the Site are not intended as and do not constitute investment advice or a solicitation or offer to buy or sell any investment product or service, nor a recommendation or determination by Great Gray Trust Company that any investment product or service is available or suitable for a specific investor. Past performance may not be indicative of and does not guarantee future results. We do not make any representation or warranty regarding past performance. Different types of investments involve varying degrees of risk, and there can be no assurance that the future performance of any specific investment or investment strategy will be profitable or equal to any historical performance level(s). You should seek financial advice regarding the availability and suitability of any investment product or service, based on your objectives, financial situation and particular needs. You should consult your own financial, business, tax and accounting advisors and your attorney, with respect to the price, suitability, value, risk or other aspects of any stock, mutual fund, security or other investment.
The Site and Content are subject to change without notice. Your eligibility for particular products and services is subject to Great Gray Trust Company's review and acceptance. We prohibit caching, unauthorized hypertext links to the Site, and the framing of any Content. We reserve the right to disable any unauthorized links or frames and specifically disclaim any responsibility for the Content available on any other websites linked to our Site.
We may also make available to you through the Site planning tools or calculators. Great Gray Trust Company does not make any assurances with respect to the accuracy of the results or output derived from use of any financial planning tools, calculators or other tools or utilities on the Site.
ERRORS; REFERENCES; EXAMPLES; SOURCES. Although we attempt to keep the Site and Content accurate, complete, and current, the Site and Content may contain technical or other mistakes, inaccuracies or typographical errors. The Content may be out of date, and we make no commitment to update the Site or the Content. It is your responsibility to verify any information before relying on it.
References to any specific product, process, service or publication by trade name, trademark, service mark, manufacturer or otherwise are provided for general information purposes only and do not constitute a warranty, endorsement, recommendation or favoring by Great Gray Trust Company. Great Gray Trust Company makes no warranty of any kind with respect to the subject matter or products listed herein or the completeness, accuracy, or reliability of the information.
Use of example companies, organizations, products, services, persons and events depicted on the Site and in any Content are intended to be fictitious, and no association with any real company, organization, product, service, person or event is intended to nor should it be inferred.
The information contained in any article or graph on the Site or in any Content is based on sources that we believe to be reliable, but no representation is made as to its accuracy, reliability or completeness.
NEWS SERVICES; ADVERTISERS. Great Gray Trust Company does not warrant, endorse or guarantee any information provided through any news service on the Site or any product or services advertised on the Site. Great Gray Trust Company will not be a party to any transaction between you and any news service or any advertiser or user. Great Gray Trust Company does not assume the responsibility of monitoring the use of trademarks, copyrights or other rights of any news service, advertiser or other third party.
NO LEGAL, ACCOUNTING, OR OTHER PROFESSIONAL ADVICE. The Contents are not intended to constitute and should not be considered as legal, tax, accounting or other professional advice, nor is it intended to substitute for obtaining such advice. If legal, tax, accounting or other professional advice or assistance is needed, the services of your own competent, independent legal counsel, accountant or other professional in the relevant jurisdiction should be sought.
SUBMISSIONS. All information you submit to Great Gray Trust Company via the Site will be considered to be the property of Great Gray Trust Company, and Great Gray Trust Company is free to use any information you submit for any purpose. To the extent applicable law does not permit Great Gray Trust Company to own such information, you hereby grant a perpetual, worldwide, unlimited license to Great Gray Trust Company to use the information you submit for any purpose. Site submission functionality is only provided to you for your convenience in connection with the services that we provide to your Account(s). We take no responsibility, nor do we assume any liability for any document that you submit through the Site. We do not monitor receipt of any document submitted via the Site.
INTERNET EMAIL; REGISTRATION. Great Gray Trust Company discourages the use of ordinary email systems to communicate with us. Ordinary email systems and messages may be vulnerable to interception, alteration and loss. Great Gray Trust Company will not be responsible to anyone for any damages arising out of or in connection with any email sent to Great Gray Trust Company using email. In addition, some areas of the Site may require you to become a member or register. When and if you register or become a member, you agree to: (1) provide accurate, current and complete information about yourself as prompted by our registration form (including your email address); and (2) maintain and update your information (including your email address) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate your right to use the Site.
ACCOUNT NUMBERS; USER IDs; PASSWORDS. We may refuse to grant you a User ID that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights laws, is vulgar or otherwise is offensive, or may cause confusion, as determined by us in our sole discretion. YOU ARE RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR ACCOUNT NUMBER(S), USER IDS, AND/OR PASSWORDS, AS APPLICABLE AUTHORIZED BY YOU. YOU ARE RESPONSIBLE FOR DAMAGES RESULTING FROM ALL USES OF YOUR ACCOUNT NUMBER(S), USER ID AND/OR PASSWORD, WHETHER OR NOT ACTUALLY OR EXPRESSLY AUTHORIZED BY YOU, UNLESS ACCESS TO YOUR ACCOUNT NUMBER(S), ACCOUNT NAME, USER ID AND/OR PASSWORD WAS OBTAINED THROUGH NO FAULT OR NEGLIGENCE ON YOUR PART. You agree to immediately notify us by contacting your Relationship Manager of any unauthorized use of your account number(s), User ID, or password or any other breach of security.
LIMITATION ON LIABILITY; INDEMNITY. GREAT GRAY TRUST COMPANY AND ITS AFFILIATES, AND ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR THIRD PARTY PROVIDERS SHALL NOT BE LIABLE FOR ANY LOSSES, CLAIMS OR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, INTERRUPTION OF BUSINESS, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY KIND, WHETHER UNDER THIS AGREEMENT OR OTHERWISE ARISING IN ANY WAY, IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND CONTENT, OR ANY TECHNICAL OR SYSTEM FAILURE, ERROR, INTERRUPTION OR DELAY, REGARDLESS OF WHETHER SUCH CLAIM ARISES UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE AND REGARDLESS OF WHETHER GREAT GRAY TRUST COMPANY IS ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, IN WHICH CASE, THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.
BY USING THE SITE, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS GREAT GRAY TRUST COMPANY, ITS PARENT, SUBSIDIARIES AND AFFILIATES, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS AND ITS THIRD PARTY PROVIDERS FROM AND AGAINST ALL CLAIMS, LIABILITIES, LOSSES, EXPENSES, DAMAGES OR OTHER COSTS, INCLUDING ATTORNEYS' FEES, ARISING OUT OF YOUR VIOLATION OF ANY OF THE TERMS HEREOF BY YOU, THE CONTENT OF ANY MESSAGE SENT USING EMAIL, RESULTING FROM YOUR USE OF THE SITE OR CONTENT, INCLUDING SUCH VIOLATION OR MISUSES CONDUCTED BY YOUR EMPLOYEE, AGENT OR AUTHORIZED THIRD PARTY, IF APPLICABLE.
TERMINATION. Great Gray Trust Company may terminate your access to the Site, limit your use of certain features or services or any portion thereof at any time and for any reason without prior notice to you. Great Gray Trust Company may also at any time discontinue providing the Site, or any part thereof, at any time and for any reason without prior notice to you.
PRIVACY. We respect the privacy of our users. Please review our security and privacy policies, which describe how we protect your information and other important information. The Site does not (a) target individuals in the European Union or the United Kingdom (“EU/UK Individuals”) with offers of goods or services, or (b) monitor the behavior of EU/UK Individuals that takes place within the European Union or United Kingdom. The Site is not intended to be used by users under the age of 13.
GOVERNING LAW. This Agreement is governed by and construed in accordance with the laws of the State of Nevada, U.S.A., without regard to conflict of laws principles. Any dispute arising out of or concerning this Agreement or use of the Site and Content shall be brought in a State or Federal Court located in the State of Nevada.
USE FOR ILLEGAL ACTIVITIES PROHIBITED. As you use the Site, you agree not to use the Site:
in violation or attempted violation of the terms herein;
in any manner which could damage, disable, interrupt, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site;
for any illegal activities or attempted illegal activities (Illegal activities include, but are not limited to, tampering with information databases and software, unauthorized entry to other networks or computers, trafficking in illegal products or substances, disobeying trade restrictions, violating civil rights laws, knowledgeable vandalism, destruction of online files, transmitting any unlawful, infringing, harmful, inappropriate, or otherwise objectionable material of any kind, that can cause harm or delay to this Site, its users, or computers of any kind.);
Misrepresent your identity in any way;
Violate or attempt to violate the security of the Site (Any such violations may result in criminal and/or civil penalties against you. We may investigate any suspected violation and, if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations);
for any unsolicited advertising, solicitation, or promotional activities;
to reverse engineer, disassemble or decompile any section or technology on the Site;
to launch or use any automated system, including without limitation “robots,” “spiders” or “offline readers,” that access the Site in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser; or
to transmit chain letters, unsolicited messages, “spamming” or “phishing” messages, or messages marketing or advertising goods and services. You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Site including U.S. export laws and regulations, which regulate the distribution of materials and services originating in the United States. You agree not to permit anyone to use the Site for any unlawful purpose or in furtherance of any unlawful purpose. You will make reasonable efforts to ensure that your use of the Site will not transmit a computer virus or other harmful programming code to any network, servers, data, computers or other hardware relating to or used in connection with the Site.
INTERNET GAMBLING/REGULATION GG. You agree not to use the Site, products and/or services provided by Great Gray Trust Company in a way that involves “restricted transactions” (as defined in Regulation GG, 12 CFR Part 233) pertaining to unlawful Internet gambling. Great Gray Trust Company reserves the right to prohibit and/or reject transactions involving Internet gambling.
GEOGRAPHIC CONSTRAINTS. The Site is controlled, operated and administered by Great Gray Trust Company from its offices in United States of America under United States law. The Site may not be available or may be limited in some jurisdictions outside the United States. Not all of the products and services described in the Site are available in all geographic areas. The Site and the Contents are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation. The regulatory regime in offshore jurisdictions, including investor protection and compensation arrangements, may be different from that in the United States. You agree that you will not use the Site in locations that are prohibited under United States law and regulations, including laws and regulations issued by the Office of Foreign Assets Control.
THIRD PARTY BENEFICIARIES. To the extent the Content on this Site contains data or information provided by Third Party Providers or are otherwise contributed to by Third Party Providers, such Third-Party Providers shall be considered third party beneficiaries of this Agreement.
ASSIGNMENT. You may not assign or otherwise transfer your rights, duties and obligations under this Agreement to a third party without our express written consent. Any purported assignment in violation of this Section is null and void.
WAIVER; SEVERABILITY. Great Gray Trust Company’s failure to insist at any time upon strict compliance with any term of this Agreement, or any delay or failure on our part to exercise any power or right given to us in this Agreement, or a continued course of such conduct on our part, shall at no time operate as a waiver of such power or right, nor shall any single or partial exercise preclude any other future exercise. All rights and remedies given to Great Gray Trust Company in this Agreement are cumulative and not exclusive of any other rights or remedies which Great Gray Trust Company otherwise has at law or equity. Any rights not otherwise expressly granted by this Agreement are reserved by Great Gray Trust Company. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
INTEGRATION; OTHER AGREEMENTS. This Agreement is the entire agreement between you and Great Gray Trust Company with respect to your access to and use of the Site and the Content, except as otherwise provided in this Agreement. In addition to this Agreement, you may have separate agreement(s) with us with respect to your accounts or other services that we may provide to you (including but not limited to services provided via this Site or by an Affiliate or any other services), or Linked Sites may require their own terms and conditions (collectively referred to as “Supplemental Agreement(s)”). You may be asked to execute Supplemental Agreements, such as the Online Access Disclosure Agreement, in paper or electronic form, before you are permitted to access or use certain features or functionality within the Site or the sites of our Affiliates or any Linked Site. This Agreement is in addition to any Supplemental Agreement and is not intended to supersede or modify any such Supplemental Agreement. In the event of a conflict, the Supplemental Agreement will govern for the particular site or service(s). Where Supplemental Agreements are presented to you online, you authorize us to rely upon “checks” or “clicks” in designated locations that are attributable to your password as your agreement and consent to the terms and conditions of such Supplemental Agreements.
OTHER TERMS AND GENERAL NOTICES. The provisions of this Agreement which expressly or by implication are intended to survive its termination will survive and continue to bind both you and Great Gray Trust Company. A copy of this Agreement and information about accounts kept by us in the normal course of our business may be entered in evidence as an original. Great Gray Trust Company and its affiliates are Equal Opportunity Employers.
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