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Legal Terms and Conditions
Welcome to Idaho Trust's web site www.idahotrust.com! We appreciate your interest in our services and the Wealth Advisor NetworkSM. PLEASE READ THESE LEGAL TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THIS SITE AND ANY PAGES HEREOF, YOU AGREE TO BE BOUND BY THE LEGAL TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO THESE LEGAL TERMS AND CONDITIONS, DO NOT ACCESS THIS SITE, OR ANY PAGES HEREOF. These Legal Terms and Conditions set forth the entire agreement between the parties relating to the use of this site. Idaho Trust National Bank, its subsidiaries, holding company, and any other affiliate are herein referred to as "Idaho Trust," "we," "us," or "our." Users of this site are herein referred to as "you" and "your." Our products and services are offered only in jurisdictions where they may be lawfully offered for sale; and are subject to the terms of the applicable agreement. NOT ALL PRODUCTS OR SERVICES MENTIONED HEREIN MAY BE AVAILABLE IN ALL JURISDICTIONS. Any investment product, mutual fund, asset manager service and other non-deposit investment products referenced in this site or any page hereof are not bank deposits or obligations of, or guaranteed by Idaho Trust, its parent company or any affiliate, are not federally insured or guaranteed by the United States government, Federal Deposit Insurance Corporation, Federal Reserve Board or any other governmental agency, and are subject to investment risks, including possible loss of the principal amount invested. Shares in mutual funds provided by mutual fund companies and offered by or through Idaho Trust are offered only by a current prospectus and are intended solely for persons to whom shares of U.S. registered funds may be sold. Nothing contained in this site or any page hereof constitutes an offer to sell or a solicitation of an offer to buy any security, 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. Idaho Trust reserves the right to change or modify any of the terms and conditions contained in these Legal Terms and Conditions or any policy or guideline of the web site, at any time and in its sole discretion. Any changes or modification will be effective upon posting of the revisions on the web site. Your continued use of this web site and/or continued membership in Idaho Trust's Wealth Advisor NetworkSM following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. You agree not to use the web site for any unlawful purposes. You agree not to disclose your password and/or user ID granting access to the private component of the web site to any other person, business, or corporation. You are responsible for all charges incurred, if any, from your use of the web site. This includes all sales, use, telecommunications excise, and similar taxes imposed by your state, if applicable, on your use of the web site. Subject to the terms outlined below, Idaho Trust grants you a limited license to make personal use only of the web site. Such grant does not include, without limitation: (a) any resale or commercial use of the web site or content therein; (b) making derivative uses of the web site or its contents; or (c) use of any data mining, robots, or similar data gathering and extraction methods. Except as expressly stated in these web site Legal Terms and Conditions, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Idaho Trust or any third party. Elements of the web site, including page headers, custom graphics, logos, sounds, images and button icons, are protected by laws and may not be copied or imitated in whole or in part. No logo, graphic, sound, image or other element from the web site may be copied, reproduced, redistributed or retransmitted unless expressly permitted in writing by Idaho Trust. You may not use, frame or utilize framing techniques to enclose any Idaho Trust trademark, logo or other proprietary information (including the images found at this web site, the content of any text or the layout/design of any page or form contained on a page) without Idaho Trust's express written consent. Further, you may not use any meta tags or any other "hidden text" utilizing the Idaho Trust name, trademark, or product name without Idaho Trust's express written consent. You may not copy the material on this web site, upload, post, publish, transmit or distribute it in any way (whether electronically or otherwise) or create other works based on it, without our prior written consent. Copies made incidentally in the ordinary course of your use of this web site (such as in cache memory) and a reasonable number of printed copies for your own internal use are permitted, provided you do not delete or change any copyright, trademark or other notices. Title to and all intellectual property rights in the material on this web site remain in Idaho Trust and its affiliates or licensors. Any unauthorized use of this web site will terminate the permission or license granted by these web site Legal Terms and Conditions and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes. All violators will be prosecuted to the fullest extent of the law. This web site and its materials are provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. The contractor/manufacturer is Idaho Trust National Bank, 608 Northwest Blvd., Suite 300, Coeur d'Alene, Idaho 83814. Use of the materials by the U.S. Government constitutes acknowledgment of Idaho Trust's rights therein. Idaho Trust, the Idaho Trust logo, TriVantage, Tripay, Wealth Law, Wealth Counseling, Human Needs Approach, Inheritance Planning, Wealth Advisor Network, Wealth Consulting, and the products and services described in this web site are either service marks, trademarks or registered trademarks of Idaho Trust and its suppliers and licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Idaho Trust or its suppliers or licensors. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Idaho Trust, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Idaho Trust. All other trademarks, registered trademarks, product names and Idaho Trust names or logos mentioned herein are the property of their respective owners. The business method for distributing financial services and paying compensation to a referring person using a third party payor is subject to a U.S. Trademark and Patent Office Patent Pending and may not be copied, imitated or used, in whole or in part, without the prior written permission of Idaho Trust. Idaho Trust does not endorse any web sites on the Internet which are linked to this web site. Idaho Trust is providing these links to you only as a matter of convenience, and in no event shall Idaho Trust be responsible for any content, products, or other materials on or available from such web sites. You are granted a limited, non-exclusive right to create a hyperlink to the main page of this web site provided such link does not portray Idaho Trust or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. You may not use an Idaho Trust logo or other proprietary graphic or trademark of Idaho Trust to link to this web site without the express written permission of Idaho Trust. This limited right may be revoked at any time. This web site may include discussion forums or other interactive areas, including chat rooms or bulletin boards. Forums and interactive areas shall be used only for non-commercial purposes. By using any forum or interactive areas, you agree not to do any of the following: (1) Upload to, distribute or otherwise publish through this web site any message, data, information, text or other material ("content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable; (2) Upload or transmit any content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law, including without limitation, the regulations of the U.S. Securities and Exchange Commission, any rules of any securities exchange such as the New York Stock Exchange, the American Stock Exchange, or the NASDAQ; (3) Upload or transmit any content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any content, you represent and warrant that you have the lawful right to distribute and reproduce such content; (4) Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; and (5) Without Idaho Trust's written permission, distribute or publish unsolicited promotions, advertising or solicitations for funds, goods or services, including junk mail and spam. Idaho Trust takes no responsibility and assumes no liability for any content posted or uploaded by you or any third-party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, Idaho Trust is not liable for any statements, representations, or content provided by its users in any public forum or personal home page. Postings to this web site, and all other communications to Idaho Trust, are not private. You grant Idaho Trust and its designees the unrestricted right to use, reproduce, modify, translate, transmit and distribute any information or material you supply or communicate to Idaho Trust via such postings, in any medium now in existence or hereafter developed, for any purpose, including commercial uses. Provided, we will adhere to our posted Privacy Principles as to any person(s) or entity(ies) having a direct relationship with us or as Idaho Trust is otherwise required by law. Idaho Trust has the right, but not the obligation, to monitor any activity and content associated with its forums and interactive areas. Idaho Trust may investigate any reported violation of its policies or complaints and take any appropriate action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, and/or removal of posted content. Idaho Trust reserves the right and has absolute discretion, to remove, screen or edit any content that violates these provisions or is otherwise objectionable. Idaho Trust also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with governmental requests, to protect Idaho Trust's systems and customers, or to ensure the integrity and operation of Idaho Trust's business and systems, Idaho Trust may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted content. Idaho Trust's right to disclose any such non-confidential or non-privileged information shall govern over any terms of Idaho Trust's Privacy Principles. Idaho Trust controls and operates its services and the Wealth Advisor NetworkSM from its offices in the United States of America and makes no representation that the content or templates are appropriate for use in other locations. You agree to comply with all U.S. and other export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required. If you use Idaho Trust's services from other locations, you are responsible for complying with any applicable local laws, including but not limited to the export and import regulations of other countries. You acknowledge that certain information contained in the web site is the Proprietary Information of Idaho Trust. "Proprietary Information" shall mean any and all written, oral and visual technical, patent pending business process, trade secret or business information of Idaho Trust including, without limitation, any matter related to the creation of a program for fiduciary and/or investment management services distributed through attorneys, CPA's, financial planners, investment advisers, trust professionals, stockbrokers, business brokers, or other persons and/or business entities operated by Idaho Trust or any successor institution which may be known as the Wealth Advisor NetworkSM, or by any other name or designation, which is disclosed to you. You agree, acknowledge and understand that the Proprietary Information of Idaho Trust is confidential and proprietary, that it constitutes trade secrets of Idaho Trust, and that it is of great value and importance to the success of Idaho Trust. You shall not, without the prior written approval of an officer of Idaho Trust, directly or indirectly, disclose the Proprietary Information of Idaho Trust except as specifically authorized in this Legal Terms and Conditions agreement. Members of the Wealth Advisor NetworkSM are specifically granted the right to use the Proprietary Information of Idaho Trust for the limited purpose of engaging in the practice of Wealth LawSM or Wealth ConsultingSM. Violations of this provision shall be vigorously pursued to the fullest extent of the law. It is mutually agreed that neither party to this agreement shall be liable for any damage or delay caused by an Act of God, government regulation, power outages, war, fire, flood, disaster, civil disorder, strike or labor disruption that is beyond the control of either party to this agreement, and that makes it illegal or impossible to perform this agreement or any of its terms. You agree to abide by all applicable local, state, national and foreign laws, rules, treaties and regulations in connection with the Wealth Advisor NetworkSM and Idaho Trust's services. In addition, without limitation, you agree not to use the web site to: (a) use information from the web site in connection with sending unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (b) harvest, collect, gather or assemble information or data regarding other members/users, including e-mail addresses, without their consent; (c) transmit any material that contains software viruses or other harmful or deleterious computer code, files or programs such as trojan horses, worms, time bombs, cancelbots; (d) interfere with or disrupt servers or networks connected to the web site or violate the regulations, policies or procedures of such networks; (e) attempt to gain unauthorized access to the web site, other accounts, computer systems or networks connected to the web site, through password mining or any other means; or (f) harass or interfere with another member/user's use and enjoyment of the web site. Idaho Trust, in its sole discretion, may terminate your access to the web site if you fail to comply with this agreement. Idaho Trust alone will own, without compensation, all right, title and interest, including all related intellectual property rights, to any suggestions, ideas, feedback, recommendations, or other information provided by you relating to Idaho Trust and its services, the Wealth Advisor NetworkSM and/or the web site ("Submissions") and you agree to assign such Submissions to Idaho Trust free of charge. Idaho Trust may use such Submissions as it deems appropriate in its sole discretion. You further assign ownership to Idaho Trust, without compensation, any intellectual property conceived or developed by you related to Idaho Trust's investment management and fiduciary services and/or any other product or service of Idaho Trust, including but not limited to any business process, trademark, trade name, copyright, trade secret or technology. Idaho Trust may give notice by means of a general notice on the web site, electronic mail to your e-mail address on record in Idaho Trust's account information, or by written communication sent by first class mail to your address on record in Idaho Trust's account information. You may give notice to Idaho Trust (such notice shall be deemed given when received by Idaho Trust) at any time by any of the following: electronic mail to tfp@idahotrust.com; or, letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to Idaho Trust at the following address: Idaho Trust National Bank, 608 Northwest Blvd., Suite 300, Coeur d'Alene, Idaho 83814. IDAHO TRUST MAKES ANY REPRESENTATION ABOUT THE SUITABILITY OF THE CONTENT OF THIS WEB SITE OR THE SERVICES IT DESCRIBES FOR ANY PURPOSE. ALL CONTENT IS PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ANY WARRANTIES AND REPRESENTATIONS WITH REGARD TO THE CONTENT, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. Although Idaho Trust will attempt to keep the information on this web site accurate, complete, and current, it does not warrant that the content herein is accurate, complete, or current. Idaho Trust makes no commitment to update the content herein. It is your responsibility to verify any information before relying on it. The content of this web site may include technical inaccuracies or typographical errors. From time to time changes are made to the content herein. We may make changes in the products and/or the services described herein at any time. IDAHO TRUST WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO THOSE CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR SYSTEM FAILURE. IN NO EVENT SHALL IDAHO TRUST BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR RELATING TO THE USE OF THIS WEB SITE OR THE COPYING OR DISPLAY OF INFORMATION ACCESSED THROUGH THIS WEB SITE, WHETHER OR NOT IDAHO TRUST WAS ADVISED OF OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER OF LIABILITY IS EFFECTIVE WITHOUT REGARD TO THE FORM OF ANY ACTON, INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER THEORY. WITHOUT LIMITING THE FOREGOING, IDAHO TRUST SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES INCURRED AS A RESULT OF ANY INFORMATION OR CONFIDENTIAL INFORMATION SUBMITTED TO IT THROUGH THIS WEB SITE OR ANY PAGE HEREOF OR FOR ITS TRANSMISSION OF INFORMATION OR CONFIDENTIAL INFORMATION TO ANY PERSON(S) OR ENTITY(IES) AS A RESULT OF A REQUEST FOR SUCH TRANSMISSION REASONABLY BELIEVED BY IDAHO TRUST TO HAVE BEEN MADE BY SUCH PERSON OR ENTITY. THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. The provisions of this agreement shall be governed by and construed in accordance with the laws of the State of Idaho, USA, excluding its conflict of laws provisions. The state or federal courts located in Ada County, Idaho, shall have exclusive jurisdiction over any cause of action arising out of or related to the content or use of this web site. If any provision of this agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. Nothing in this agreement shall be construed to prohibit Idaho Trust from pursuing any available remedies, including the recovery of damages. No failure or delay by Idaho Trust in exercising any right, power or privilege under this agreement shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude the exercise of any other right, power or privilege hereunder. The content of this web site, including but not limited to the text and images and their arrangement, are Copyright © 2008, Idaho Trust National Bank All rights reserved. |
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