Terms and Conditions Governing Use of the Constellation Website
Overview
Constellation Trust Company (“Constellation”) is a Nebraska chartered trust company providing custody and administration services to Registered Investment Advisors, financial institutions and their clients. Constellation’s web site is provided as a convenient method to disseminate general information pertaining to its administration services as well as provide access to additional Constellation services and links. No part of this website may be reproduced in any manner without the express written permission of Constellation. Your use of this website is subject to the following Terms and Conditions of Use (“Terms and Conditions”).
Terms and Conditions of Use
These Terms and Conditions are a binding contract between you and Constellation. By using or accessing this website, you accept and agree to be bound by these Terms and Conditions. Your use of the website is governed by the version of the Terms and Conditions in effect on the date in which this site is accessed by you. Constellation may modify these Terms and Conditions at any time and without prior notice. You should review these Terms and Conditions from time to time, as your continued use of this site signifies your acceptance of any changes.
Information contained on this website is derived from sources believed to be reliable. However, Constellation does not represent that this information is complete or accurate and it should not be relied upon as such. All opinions expressed herein are subject to change without notice. Constellation does not provide accounting, legal or tax advice and no portion of the Constellation website should be interpreted as such. All content on the Constellation website is presented only as of the date published or indicated, and may be superseded at any time. All content included on this site is the property of Constellation and is protected by United States copyright laws. All trademarks and service marks on the Constellation website belong to Constellation or an affiliate, except for third-party trademarks and service marks, which are the property of their respective owners. Accordingly, you may not copy, distribute, modify, post or frame-in this site, including any text, logos, graphics, video, audio, software code or user interface design without the express written consent of Constellation. This website and included materials do not constitute an offer to sell, an offer to buy, recommendation to buy or representation as to the suitability or appropriateness of any security, financial product or instrument.
Means of Access
Certain parts of the Constellation website are protected by a User ID and Password and require a login. You may not obtain or attempt to obtain unauthorized access to such parts of the Constellation website, or to any other protected materials or information, through any means not intentionally made available by Constellation for your specific use. If you have a User ID and Password for access to non-public areas of the Constellation website, you are solely responsible for all activities that occur in connection with your User ID and Password; therefore, you should take steps to protect the confidentiality of this information. You agree to notify Constellation immediately if you become aware of any disclosure, loss, theft or unauthorized use of your User ID and Password.
Indemnification
As a condition of your use of the Constellation website, to the extent permitted by law, you agree to indemnify and hold Constellation and its third party providers harmless from and against any and all claims, losses, liability, costs and expenses (including but not limited to attorneys’ fees) arising from your use of the Constellation website, or from your violation of these Terms and Conditions.
Limitation of Liability
CONSTELLATION WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR INDIRECT DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF CONSTELLATION HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE SERVICES AND INFORMATION AVAILABLE FROM ITS WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) LOST PROFITS, TRADING LOSSES OR DAMAGES THAT RESULT FROM USE OR LOSS OF USE OF THE CONSTELLATION WEBSITE AND ANY THIRD PARTY CONTENT.
Force Majeure
Constellation will not be liable for failure or losses caused by conditions and events beyond its control including, without limitation: fire, electrical, mechanical or equipment breakdowns, delays by third party vendors and/or communications carriers, civil disturbances or disorders, terrorist acts, strikes, acts of governmental authority or new governmental restrictions, market fluctuations or acts of God.
Links to Third-Party Websites
This website may contain links to third-party web sites. Any links to such third-party web sites are provided solely as a convenience to you and not as an endorsement by Constellation of the content on such third-party web sites, or any affiliation or association with its operators. Constellation is not responsible for the content of linked third-party sites, including, without limitation, any link contained in a linked site, or any changes or updates to a linked site, and do not make any representations regarding the information, services, products or accuracy of any material contained on such third-party web sites.
Changes to the Website
Constellation may terminate your access to the Constellation website or discontinue or modify the Constellation website at any time without prior notice to you. Your continued use of the Constellation website following any such modification will constitute acknowledgement of your acceptance of said modifications.
Governing Law
Except as otherwise required by law, the Terms and Conditions of use for this website are governed by the laws of the state of Nebraska without regard to conflicts of law, and shall inure to the benefit of Constellation’s successors and assigns, whether by merger, consolidation, or otherwise.