PLEASE READ THESE TERMS (THE “TERMS”) CAREFULLY. FIRST STATE TRUST COMPANY REQUIRES EACH VISITOR OF THIS WEBSITE (“SITE”) TO ADHERE TO THE FOLLOWING TERMS AND CONDITIONS. IF YOU ACCESS AND USE THIS SITE, YOU ACCEPT AND AGREE TO BE BOUND BY AND COMPLY WITH THE TERMS. IF YOU DO NOT ACCEPT THE TERMS, DO NOT USE THE SITE.
General
The Terms are to be read by you together with any terms, conditions or disclaimers provided in the other pages of the Site (the “Page Disclaimers”). In the event of any conflict between the Terms and the Page Disclaimers, the Page Disclaimers will govern.
All products and services of First State Trust Company that are described, made available or provided on the Site may be changed or withdrawn at any time without notice and are subject to the terms and conditions of the applicable agreements governing their use in addition to the Terms and Page Disclaimers. In the event that the Terms or Page Disclaimers are inconsistent with the terms of any agreement that you or your organization may have with First State Trust Company, the terms of that agreement will govern.
The information, material and content provided in the pages of the Site, including pricing information (the “Information”) is believed to be reliable when posted, but there is no guarantee that it is accurate, complete or current at all times. Without limiting the generality of the foregoing, the Information may include technical inaccuracies or typographical errors, and First State Trust Company, officers, directors, employees and agents have no obligation to update the Information. The Information or the Site may be changed, withdrawn or terminated at any time without notice.
Changes may be made to the Terms at any time without notice by updating this posting. You agree to review the Terms regularly, and at least monthly, and your continued access or use of the Site will mean that you agree to any changes.
Your eligibility for particular products and/or services, any submission by you of an application, instruction or other request is subject to acceptance by First State Trust Company and can be declined by First State Trust Company at its discretion.
Local Laws; Export Control
It is important to note that not all of the products, services and Information are available in all geographic areas. The Information does not constitute a recommendation or an offer or solicitation to buy or sell any financial product, service or information to anyone in any jurisdiction in which an offer or solicitation is not authorized or cannot legally be made or to any person to whom it is unlawful to make an offer or solicitation.
Please be aware of the laws of your country or that otherwise apply to you in relation to any of the matters described in the pages of the Site. If you choose to access the Site from outside of the United States, you do so on your own initiative and are responsible for compliance with applicable state, federal or international laws.
You may not use or export or re-export the Information or any copy or adaptation in violation of any applicable laws or regulations, including export laws and regulations of the United States in force from time to time.
NOT OFFERING ANY ADVICE
THE INFORMATION IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO PROVIDE SPECIFIC FINANCIAL, INVESTMENT, TAX, LEGAL, ACCOUNTING OR OTHER ADVICE FOR YOU, AND SHOULD NOT BE RELIED UPON IN THAT REGARD. YOU SHOULD NOT ACT OR RELY ON THE INFORMATION WITHOUT SEEKING THE ADVICE OF A PROFESSIONAL. YOUR ADVISOR CAN HELP TO ENSURE THAT YOUR OWN CIRCUMSTANCES HAVE BEEN PROPERLY CONSIDERED AND THAT ACTION IS TAKEN ON THE LATEST AVAILABLE INFORMATION.
NO WARRANTIES
THE SITE AND THE INFORMATION IS PROVIDED ON AN “AS IS, WHERE IS” BASIS AND FIRST STATE TRUST COMPANY DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, ENDORSEMENTS OR CONDITIONS WITH RESPECT TO THE SITE OR THE INFORMATION, INCLUDING WITHOUT LIMITATION, WARRANTIES AS TO MERCHANTABILITY, OPERATION, NON-INFRINGEMENT, USEFULNESS, COMPLETENESS, ACCURACY, CURRENTNESS, RELIABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FURTHER, FIRST STATE TRUST COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SITE WILL BE AVAILABLE AND MEET YOUR REQUIREMENTS, THAT ACCESS WILL BE UNINTERRUPTED, THAT THERE WILL BE NO DELAYS, DIFFICULTIES IN USE, DEFECTS, INCOMPATIBILITY, FAILURES, ERRORS, OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, THAT NO VIRUSES OR OTHER CONTAMINATING OR DESTRUCTIVE PROPERTIES WILL BE TRANSMITTED OR THAT NO DAMAGE WILL OCCUR TO YOUR COMPUTER SYSTEM. YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT AND TO TAKE REASONABLE AND APPROPRIATE PRECAUTIONS TO SCAN FOR COMPUTER VIRUSES OR OTHER DESTRUCTIVE PROPERTIES.
THIS DISCLAIMER OF WARRANTIES APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW.
Internet E-mail
Any unprotected email communication over the Internet is, as with communication via other mediums (e.g., cellular phones, post office mail), not secure or confidential, subject to possible interception or loss, and is also subject to possible alteration. You should not send any confidential, proprietary or sensitive information via this medium. FIRST STATE TRUST COMPANY IS NOT RESPONSIBLE FOR AND WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES IN CONNECTION WITH AN EMAIL SENT BY YOU TO FIRST STATE TRUST COMPANY, OR AN EMAIL SENT BY FIRST STATE TRUST COMPANY TO YOU.
No Endorsements
No endorsement or approval of any third parties or their advice, opinions, information, products or services is expressed or implied by any Information.
No Liability
FIRST STATE TRUST COMPANY IS NOT RESPONSIBLE FOR AND WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES WHATSOEVER AND HOWSOEVER CAUSED (INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OF EXPENSES OF ANY KIND) ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THE INFORMATION, OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE THE SITE OR THE INFORMATION, OR ANY ACTION OR DECISION MADE BY YOU IN RELIANCE ON THE SITE OR THE INFORMATION, OR ANY ERRORS IN OR OMISSIONS FROM THE SITE OR THE INFORMATION, OR ANY UNAUTHORIZED USE OR REPRODUCTION OF THE SITE OR THE INFORMATION, EVEN IF FIRST STATE TRUST COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW.
Links/Software
Links from or to websites outside the Site are for convenience only. First State Trust Company does not review or control, and is not responsible for, any websites linked from or to the Site, the content of those websites, the privacy practices of those websites, the third parties named therein, or their products and services. Linking to any other website is at your sole risk and First State Trust Company will not be responsible or liable for any damages in connection with such linking. In addition, First State Trust Company does not endorse or approve of any websites linked from or to the Site. Links to downloadable software websites are for convenience only and First State Trust Company is not responsible or liable for any difficulties or consequences associated with downloading such software. Use of any downloaded software is governed by the terms of the applicable license agreement, if any, which accompanies or is provided with such software.
Jurisdiction
The Site, the Information, the Terms and the Page Disclaimers will be governed by and construed in accordance with the laws of the State of Delaware and the United States of America, without giving effect to any principles of conflicts of laws, and notwithstanding your domicile, residence or physical location. All disputes, controversies or claims arising out of or in connection with the Site, the Information, the Page Disclaimers or the Terms shall be submitted to and be subject to the exclusive jurisdiction of the state or federal courts located in New Castle County, Delaware. You submit and attorn to the exclusive jurisdiction of such courts to finally adjudicate or determine any suit, action or proceeding arising out of or in connection with the Site, the Information, the Page Disclaimers and the Terms.
INDEMNIFICATION
AS A CONDITION OF YOUR USE OF THE SITE, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS FIRST STATE TRUST COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND ANY THIRD PARTY INFORMATION PROVIDER TO US FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS BY YOU.
Severability
These terms and conditions will be deemed severable so that if any provision is determined to be unenforceable or invalid that provision will nonetheless be enforced to the fullest extent permitted by applicable law, and that determination will not affect the validity or enforceability of any other remaining provision.
Disclaimer
THE INFORMATION IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO PROVIDE SPECIFIC FINANCIAL, INVESTMENT, TAX, LEGAL, ACCOUNTING OR OTHER ADVICE FOR YOU, AND SHOULD NOT BE RELIED UPON IN THAT REGARD. YOU SHOULD NOT ACT OR RELY ON THE INFORMATION WITHOUT SEEKING THE ADVICE OF A PROFESSIONAL. YOUR ADVISOR CAN HELP TO ENSURE THAT YOUR OWN CIRCUMSTANCES HAVE BEEN PROPERLY CONSIDERED AND THAT ACTION IS TAKEN ON THE LATEST AVAILABLE INFORMATION.