BY CLICKING THE "I ACCEPT'" BUTTON AND ACCESSING AND USING PIVOT AND PIVOT CONTENT, YOU AND EACH COMPANY YOU PURPORT TO REPRESENT ("YOU" OR "THE USER") AGREE TO THE TERMS AND CONDITIONS OF USE SET FORTH HEREIN AND TO ANY CHANGES, MODIFICATIONS OR AMENDMENTS THAT U.S. BANK MAY PUBLISH ON PIVOT FROM TIME TO TIME. YOU ALSO REPRESENT AND WARRANT THAT AT ALL TIMES YOU ARE AUTHORIZED TO REPRESENT SUCH COMPANY AND BIND IT TO THESE TERMS AND CONDITIONS.
Access to Pivot services:
Pivot services are provided as a convenience and a courtesy to customers and business partners of U.S. Bank Global Corporate Trust Services ("GCTS"). By registering for access to Pivot and selecting your unique User ID and Password you will have access to a number of services offered by GCTS. Pivot offers access to services via a single on-line registration process; however, additional approval and acknowledgment of additional legal disclaimers is required for access to certain restricted and non-public services and information.
You shall be responsible for all activities resulting from the use of your User ID, and Password, including any unauthorized use. You agree to immediately notify U.S. Bank in writing if you become aware of, or suspect, termination of your relationship with an authorized entity, unauthorized disclosure, unauthorized use or loss of your User ID, and/or password.
You may not use the information or material on this website for any unlawful purpose.
Pivot Content License:
Pivot Content is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Pivot Content is licensed, not sold.
Installation and Use. You may install and use an unlimited number of copies of any software product contained in Pivot Content.
Reproduction and Distribution. You may reproduce and distribute an unlimited number of copies of the software product contained in Pivot Content; provided that each copy shall be a true and complete copy, including all copyright and trademark notices.
OTHER RIGHTS AND LIMITATIONS
Pivot Services are governed by other applicable GCTS policies and programs as described in the user manual, in "online" documentation, and/or in other GCTS provided materials.
COPYRIGHT. All title and copyrights in and to Pivot Content (including but not limited to any images, photographs, animations, video, audio, music, text and applets incorporated into Pivot Content), the accompanying printed materials, and any copies of Pivot Content are owned by U.S. Bank, U.S. Bank customers, their third party vendors or their suppliers. Pivot Content is protected by copyright laws. Therefore, you must treat Pivot Content like any other copyrighted material. The entire risk arising out of use or performance of the Pivot Content remains with you.
TRADEMARK. All trademarks, logos, and service marks that appear on this Website owned by U.S. Bank, unless otherwise noted. U.S. Bank may claim trademark or service mark rights in other product names, business names, logos and other marks that appear on this Website. You may not in any way use any U.S. Bank marks without first obtaining the express written permission of U.S. Bank. The names of companies and products mentioned herein may be the trademarks or service marks of their respective owners.
Use of Pivot:
You hereby consent to the access and use of services over the Internet. You acknowledge and agree that you may be required to periodically accept online user agreements to continue to use the Website and Pivot Content and U.S. Bank may add to or eliminate information and services at any time without notice. Information, services, and functions are provided on an "as is/as available" basis without any representation or warranties except as required by law. U.S. Bank is not liable for any damages that result from the use of or inability to use the service, for third party, vendor or supplier provided information or for your errors.
Pivot may contain mistakes or technical errors, typographical errors or inaccuracies or may otherwise contain errors and out of date information. You are responsible for independently verifying any information upon which you choose to rely. Information contained on this Website should not be used to make trading decisions.
Pivot Data Transmission/Functions:
AUTHORIZATION OF DISBURSEMENT OF FUNDS. If your company chooses to use Pivot for notification of cash disbursement requests, you acknowledge that you must comply with dual approval requirements, including 1) the name and signature on the disbursement request must be an authorized signer and 2) the person who uploads the document into Pivot must be identified as either another authorized signer or an authorized callback representative on the transaction's governing documents.
TRADE TICKET GENERATION. If your company chooses to use Pivot to run a hypothetical trade or for the initiation of trade tickets, in initiating a trade or hypothetical trade, you (1) represent that the investment meets the eligibility requirements laid out in applicable governing documents and (2) assume all responsibility to ensure that each such trade meeting eligibility requirements required by applicable governing documents.
The Pivot Hypo functionality allows clients to set the characteristics for User Created Assets. If you choose to use the Create Asset feature, you represent that the characteristics you choose are accurate and assume all responsibility for that information.
U.S. Bank understands and acknowledges the privacy expectations of our users. U.S. Bank's privacy and security policy can be viewed here: https://www.usbank.com/privacy/index.html.
Transactional Reporting :
GCTS, in various capacities and pursuant to certain contractual obligations, provides reporting information for a variety of products and transactions on the Internet as a convenience, a courtesy and for information purposes only, to current and future securities holders, investors (and their authorized representative(s)), transaction parties and certain third parties (including but not limited to national recognized statistical rating agencies and market data providers, if specified by contract, law, judicial process or regulation) and within the jurisdictions where U.S. Bank is authorized to do business. The information is not intended and shall not constitute an offer to sell or a solicitation to buy securities, nor is anything contained on this Website an advertisement or promotion of any investment related service.
U.S. Bank has no duty to nor is U.S. Bank required to verify information received from you or third parties, and cannot and does not represent or warrant the accuracy of such information contained on Pivot or any of their pages. Further, the potential exists for the alteration of posted information by third parties after publication on Pivot.
Any dated information is published as of its date only and U.S. Bank does not undertake any obligation or responsibility to update or amend such information. U.S. Bank assumes no liability or guarantee for the timeliness, accuracy, sufficiency or completeness for the information on this Website.
Not Legal, Accounting or Other Professional Advice:
Pivot Content, including any information contained on Pivot or generated through the use of Pivot is not intended to constitute and should not be considered as legal, accounting or other advice of any kind. If legal, accounting or other advice or assistance is needed, you should consider retaining an independent third party advisor.
PIVOT AND PIVOT CONTENTS ARE PROVIDED "AS IS." U.S. BANK MAKES NO REPRESENTATION, ENDORSEMENT, OR WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, BY DESCRIPTION OR OTHERWISE, WITH RESPECT TO THE CONTENTS OR SECURITY OF THIS WEBSITE AND IN PARTICULAR AND WITHOUT LIMITATION MAKES NO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE. WE DO NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THE MATERIALS CONTAINED ON THIS WEBSITE OR WARRANT THAT ANY DEFECTS WILL BE CORRECTED.
THIS DISCLAIMER OF WARRANTIES APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
LIMITATION OF LIABILITY:
AS A CONDITION TO U.S. BANK PROVIDING ACCESS TO PIVOT AND PIVOT CONTENT, THE USER AGREES THAT IN NO EVENT SHALL U.S.BANK BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGE, LOSSES OR EXPENSES OF ANY KIND, ARISING IN CONNECTION WITH PIVOT, THE USE THEREOF OR THE INABILITY TO USE IT BY ANY PERSON, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, LOSS OF DATA, OR ANY OTHER THEORY OF LIABILITY, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF U.S. BANK IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. YOUR SOLE REMEDY AGAINST U.S. BANK FOR DISSATISFACTION WITH THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE OR ANY SUCH CONTENT.
THIS LIMITATION OF LIABILITY APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW.
Solely for your convenience, this Website may contain links to independent third-party Web sites ("Linked Sites"). U.S. Bank does not control, is not responsible for and does not endorse or recommend such Linked Sites or any information or materials contained on such Linked Sites.
Governing Law and Venue
Use of Pivot and Pivot Content will be governed by and construed in accordance with the laws of the State of Minnesota and the United States of America, without regard to conflict of law principles. You and U.S. Bank also agree that all legal proceedings, whether at law or in equity, related to Pivot or the Pivot Content shall be filed in and adjudicated solely in the state or federal courts located in the State of Minnesota. You further consent and submit to the exclusive personal jurisdiction and venue of such courts for the purpose of litigating any such matters.
JURY TRIAL WAIVER
We understand that Internet security is very important to our customers. Although we cannot guarantee confidentiality of data transmitted over the Internet, we encrypt all data transmissions between your computer and our data center using industry-standard SSL protocols. Your messages to us are not decrypted by us until they are inside our firewall. There, they are subject to additional security procedures common to our ATM and telephone banking services. For your computer to read encrypted information, we strongly recommend recent versions of the most common browsers.
It is a good additional security measure to change your password frequently by logging into Pivot and using the "Change Password" form in the My Profile area of the site. If you forget your password, you may call our Resolution Center at 1-855-252-4360 for assistance. Company shall use this Web Site in accordance with appropriate security procedures, including those recommended by U.S. Bank. Due to emerging technologies and ensuing changes in security practices, U.S. Bank reserves the right to supplement or change its security procedures from time to time upon reasonable notice to Company. Company is responsible for maintaining the security and confidentiality of all IDs, passwords and other security devices issued to or by Company (collectively, "Company's Internal Security Devises"). Company shall not permit unauthorized individuals to use Company's Internal Security Devices to access this Web Site. Company is responsible for the actions of any individuals using Company's Internal Security Devices to access this Web Site. Company shall promptly notify U.S. Bank if Company has knowledge that the security of this Web Site may have been compromised. Company agrees to defend and indemnify U.S. Bank against any claims, losses, damages, costs, expenses, fines and other liabilities arising out of Company's failure to maintain the security and confidentiality of Company's Internal Security Devices or arising out of the unlawful use of this Web Site by Company or use by any person who obtains access to this Web Site using Company's Internal Security Devices.
Automatic Log Out
After 30 minutes of inactivity, we will terminate your secured session for you. If your session is terminated before you have completed your activity, simply return to the "Login" page and start over. When you have finished your session, be sure to log out by clicking the "Logout" button located within Pivot. It is also a good idea to close your browser after you log out and clear your browser history occasionally to ensure that your information is removed from your browser's memory.
Upgrading your browser is quick, easy and free.
U.S. Bank has built Pivot to work with the most common browsers. This includes Microsoft Internet Explorer (versions 11 and higher), Google Chrome (version 30 and higher), Mozilla Firefox (versions 25 and higher) and Apple Safari (version 7 and higher). If you do not have the correct browser version, simply click on the appropriate link below to begin your upgrade of your preferred browser. When you have finished upgrading, please return to Pivot.
Microsoft Internet Explorer: http://www.microsoft.com/en-us/download
Mozilla Firefox: http://www.mozilla.org/en-US/firefox/new/
Google Chrome: https://www.google.com/intl/en/chrome/browser/
Please note: As an additional security measure, we prevent pages containing your private information from being saved on your computer's hard drive. You may receive error messages from your browser requiring you to click "Refresh" to go back or forward in your sessions. Simply follow the instructions to access the last page you visited.
Adobe© Acrobat© Reader 9.4.7 (or higher) With Adobe Acrobat Reader, you can download, view, print, and save your statements in their original Portable Document Format (PDF).
You can download the Adobe Acrobat Reader software for free from the Adobe Systems web site.http://get.adobe.com/reader/
FOR EUROPEAN USERS
Elavon Financial Services DAC (trading as U.S. Bank Global Corporate Trust Services) registered in Ireland with Companies Registration Office , Reg. No. 418442
The liability of the member is limited
Registered Office: 2nd Floor, Block E, Cherrywood Science & Technology Park, Loughlinstown, Co. Dublin, Ireland.
Regulated by the Central Bank of Ireland.
United Kingdom branch registered in England and Wales under the number BR009373 - VAT ID GB 907 9552 93
In the UK, Elavon Financial Services DAC, trading as U.S. Bank Global Corporate Trust Services, operates from offices at 125 Old Broad Street, Fifth Floor, London, EC2N 1AR and is authorised by the Central Bank of Ireland and subject to limited regulation by the Financial Conduct Authority. Details about the extent of our regulation by the Financial Conduct Authority are available from us on request.
DATA PROTECTION AND PRIVACY STATEMENT
We are concerned with the protection of your privacy and this also applies for the handling of your data during your visit to our website. The handling of your personal data, in particular the data we collect and analyse and how such data is used, is as follows
Cookies are small text files placed on your computer and are commonly used on the internet. We use them to:
- collect anonymous information that will help us understand visitors' browsing habits on our website;
- compile statistical reports on website activity, e.g. number of visitors and the pages they visit;
- temporarily store any information which you may enter in tools, such as calculators or demonstrations on our website;
- in some cases, remember information about you when you visit our site. We may need to do this to provide some of our services.
We use the following types of cookie:
Session cookies - these are temporary and are deleted as soon as you close your browser.
Persistent cookies - these are stored on your computer until they expire or you remove them. Persistent cookies store your personal preferences such as your language preferences on multi-lingual sites to make subsequent visits easier. They also remember questions we have asked you previously, such as a request to complete an online survey. A persistent cookie will prevent you from being asked to complete the same survey every time you visit the website.
Third party cookies - We work with third parties who, on our behalf, research the use of our website and activities on it. In doing so they may place a cookie on your computer. However it would not contain any personal information that others could read and understand. We also work with third parties to evaluate the effectiveness of our advertising and promotions on third party websites. Again, the cookie would not contain any personal information that others could read and understand.
Accepting or rejecting cookies You can configure your internet browser to warn you each time a new cookie is about to be stored on your computer so that you may make a decision whether to accept or reject it. Please refer to your internet browser's help section for specific instructions. Please note that some parts of our website may not function properly if you reject cookies.
Further information about cookies The Interactive Advertising Bureau is an industry body that has produced a series of web pages, which explain how cookies work and how they can be managed.
Transfer of personal data to third parties
We are committed to protecting your privacy during your visits to our website and recognise our responsibility to hold your information securely and confidentially.
Processing of personal data
Elavon will only collect, process or use your personal data upon express consent, which may be granted electronically. Your consent may be withdrawn at any time with effect for the future. Should you transmit to us personal data (such as name, address or e-mail address) in order to receive information on the products offered by Elavon, you consent to Elavon's use of such data for the applicable purpose. Your personal data will be stored until the purpose for which they were entrusted to us has been attained. If you no longer agree with the storage of your data before that time or if such data has become incorrect, they will be deleted or, as the case may be, corrected, according to your instruction. The data will principally be stored by Elavon. If you have questions relating to the processing of your personal data on this website please contact us.
Automatically collected information and its anonymity
In general, you can access the Elavon website without providing personal information. Your visit to the Elavon website will be logged, which will include the collection of the following data only:
- The page from which our website was accessed;
- The pages accessed;
- Date and time of the access;
- The data volume transferred;
- A notice whether the access was successful;
- The operating system used;
- The internet browser used;
The stored information will only be used to determine which pages are of particular interest for you in order to improve our offer to you.
You have the right to request a copy of the information held by us about you. We are entitled, by law, to charge a small fee for this. You also have the right to access your data, have changed any inaccuracies in the details we hold about you, the right to object to the use of your data and the right to block any specific uses of your data, by means of a request in writing to:
Elavon Financial Services DAC
Trading As: U.S. Bank Global Corporate Trust Services
125 Old Broad Street, Fifth Floor
London, EC2N 1AR
or email: firstname.lastname@example.org
These are the terms and conditions (as amended from time to time) governing use of this website and the agreement that operates between us and you (the "Terms"). These Terms set out the rights and obligations of all users ("you"/"your") and those of Elavon Financial Services DAC (trading as U.S. Bank Global Corporate Trust Services) ("us"/"our"/"we"/"Elavon") in relation to this website. Please carefully read these Terms and our Privacy Statement. By using this website you are consenting to be bound by these Terms and our Privacy Statement. If you do not agree to all of the Terms and the Privacy Statement, please do not use this website and leave it instead.
If you have any questions about the Terms or the Privacy Statement, please contact us at Elavon Financial Services DAC, trading as U.S. Bank Global Corporate Trust Services, 125 Old Broad Street, 5th Floor, London, EC2N 1AR, United Kingdom or email@example.com. Elavon Financial Services DAC (trading as U.S. Bank Global Corporate Trust Services). Registered in Ireland with the Companies Registration Office, Reg. No. 418442. The liability of the member is limited. Regulated by the Central Bank of Ireland.
Grant of licence
Subject to you having agreed with and continuing to comply with these Terms, Elavon grants you a personal, revocable and non-transferable licence to access and use this website. Elavon reserves the right to terminate your access to this website at any time and without notice.
Any rights not expressly granted in these Terms are reserved.
Links on this website
Links to third party websites and details of third party services on this website are provided solely for your convenience and Elavon does not control and is not responsible for such third parties, their products, services and / or websites including availability of use and content of such. Elavon has not reviewed or evaluated any third party products, services or websites and does not in any way endorse or make any representations about such or about the third party providers. If you use a third party link, you leave this website and if you decide to access any of the third party websites linked to this website, or use any of the third party products or services displayed on it, you do so entirely at your own risk.
Elavon may distribute content supplied by third parties on this website. Any opinions, advice, statements, services, offers or other information or content expressed or made available by third parties, including information providers or any other users of this website, are those of the respective author(s) or distributor(s) and not Elavon.
Links to this website
If you would like to link to this website, you may only do so on the basis that you link to, but do not replicate, the home page of this website, and subject to the following conditions:
- you do not remove, distort or otherwise alter the size or appearance of the Elavon logo;
- you do not create a frame or any other browser or border environment around this website;
- you do not in any way represent or imply that Elavon is endorsing any products other than its own;
- you do not misrepresent your relationship with Elavon;
- you do not present any false information about Elavon;
- you do not in any way infringe the intellectual property rights of Elavon or its licensors;
- you do not link from a website that is not owned by you;
- your website does not contain content that is distasteful, offensive, or controversial, or infringes any intellectual property rights or other rights of any person or otherwise does not comply with all applicable laws and regulations.
Elavon expressly reserves the right to revoke the right granted above for breach of these terms and to take any action it deems appropriate. You shall fully indemnify Elavon for any loss or damage suffered by Elavon, either directly or indirectly, for breach of the above terms or any other part of these Terms.
Amendments to the terms
Elavon reserves the right to amend the contents of this website, including these Terms, from time to time or to suspend or discontinue the website. Therefore, you should acquaint yourself with the Terms (and possible amendments to such) each time you visit this website.
Visitor conduct and material
You may not, via this website, participate in any activities which are illegal, offensive or abusive or which infringe the rights of third parties. Without limiting the generality of the foregoing, you are prohibited from posting or transmitting to or from the website any material:
- that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
- for which you have not obtained all necessary licences and/or approvals; or
- which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
- which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
Other than personally identifiable information, which is covered under our Privacy Statement, any material you transmit or post to the website shall be considered non-confidential and non-proprietary. Elavon shall have no obligations with respect to such material. Elavon and its designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
Intellectual property rights notice
The contents of this website are protected by copyright and trade mark laws, and are the property of Elavon and/or its licensors. Unless otherwise stated, the copyright and other intellectual property rights in all material on this website (including, without limitation, photographs and graphical images) are owned by Elavon and/or its licensors. You may access the materials located within this website only for your personal use, so long as you neither change nor delete any trade mark, legend or copyright notice.
You may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of this website. You must follow and observe all additional copyright notices or other restrictions contained in any parts of this website.
You are permitted to print and download extracts from the website for your own personal use on the following basis:
- no documents or related graphics on the website are modified in any way;
- no graphics on the website are used separately from the corresponding text; and
- Elavon's copyright and trade mark notices and this permission notice appear in all copies.
Disclaimer and limitation of liability
While Elavon endeavours to ensure that the information on the website is correct, Elavon does not warrant the accuracy and completeness of the material on the website. Elavon may make changes to the material on the website, at any time without notice. The material on the website may be out of date, and Elavon makes no commitment to update such material.
This website is available to all users "as is" without any representation or warranties of any kind, either express or implied. To the maximum extent permitted by law, Elavon provides you with the website on the basis that Elavon excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of merchantability/satisfactory quality, fitness for purpose and the use of reasonable care and skill which, but for this legal notice, might have effect in relation to the website).
Elavon, any other party (whether or not involved in creating, producing, maintaining or delivering the website), and any of Elavon's group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the website in any way or in connection with the use, inability to use or the results of use of the website, any websites linked to the website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the website or your downloading of any material from the website or any websites linked to the website.
Nothing in these Terms limits in any way our liability: (a) for death or personal injury caused by our negligence; (b) for fraud or fraudulent misrepresentation; or (c) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
Venue, governing law
Place of venue for any disputes in connection with this website, to the extent you are a merchant, is the seat of Elavon in the various European jurisdictions where Elavon does business. These Terms are governed by the laws of the various European jurisdictions, and disputes are to be escalated to the various branches of Elavon or to Elavon's head office in Ireland.
Any waiver of these Terms must be in writing and signed by Elavon to be valid. A waiver of any provision hereunder shall not operate as a waiver of any other provision, or a continuing waiver of the same provision in the future.
These Terms represent the entire understanding and agreement between you and Elavon relating to use of this website, and supersede any and all prior statements, understandings, and agreements whether written or oral between you and Elavon relating to use of this website, and shall not be modified except in writing, signed by you and Elavon.
We welcome your feedback about these Terms, the Privacy Statement or this website. Please contact us on firstname.lastname@example.org with any comments. Â© 2011 Elavon, Inc. Elavon is a trademark in the United States and other countries. All rights reserved.