terms-and-conditions

TERMS OF USE FOR ALL USERS OUTSIDE OF EUROPE:

Please read these terms and conditions of use carefully. These Terms of Use (“Terms of Use”) apply to the use of Pivot, a client portal website (the “Website”) owned and operated by U.S. Bank National Association (“U.S. Bank”) and to the use of any information, software, function, or graphics, including any associated media and online electronic documentation contained on this Website (collectively referred to herein as the “Pivot Content”).

BY CLICKING THE “I ACCEPT” BUTTON AND ACCESSING AND USING THE WEBSITE AND PIVOT CONTENT, YOU AND EACH ORGANIZATION 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 FROM TIME TO TIME. YOU ALSO REPRESENT AND WARRANT THAT AT ALL TIMES YOU ARE AUTHORIZED TO REPRESENT SUCH ORGANIZATION AND BIND IT TO THESE TERMS AND CONDITIONS.

IF YOU CHOOSE “NO,” YOU WILL NOT BE PERMITTED TO USE THE WEBSITE OR VIEW PIVOT CONTENT.  TO FURTHER ACCESS THE WEBSITE OR PIVOT CONTENT, YOU MUST ACCEPT THESE TERMS OF USE.

Access:
The Website and Pivot Content are provided as a convenience and a courtesy to certain customers and business partners of U.S. Bank. By registering for access to the Website and selecting your unique user identification and password, you will have access to a variety of services offered by U.S. Bank. The Website offers access to services via a single online 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 identification and password, including any unauthorized use. You agree to immediately notify U.S. Bank in writing at the contact information provided below if you become aware of or suspect: (i) termination of your relationship with the organization you represent or (ii) any unauthorized disclosure, unauthorized use, or loss of your user ID or your password.

You may not use or share the information or material on this website for any unlawful purpose.

Log-in and Password Security:
U.S. Bank recommends that you and users of this Website change their password frequently by logging in and using the change password function. Due to emerging technologies and changes in security practices, U.S. Bank reserves the right to supplement or change its security procedures from time to time without notice. You and any users of this Website are responsible for maintaining the security and confidentiality of all user IDs, passwords, and other security devices issued by U.S. Bank. You shall not permit unauthorized individuals to use this Website or access Pivot Content. Any organizations or entities using this Website or Pivot Content are responsible for the actions of any individuals using their user IDs, passwords, or other security devices. If you give any other person or entity access to your user ID or password, you agree that each such person or entity will be acting as your agent and will be bound these Terms of Use (and any other agreement governing your account). You shall promptly notify U.S. Bank if you learn or have knowledge that the security of this Website may have been compromised. Any organization or entity using this website agrees, to the extent permitted by law, to defend and indemnify U.S. Bank against any claims, losses, damages, costs, expenses, fines, and other liabilities arising out of: (i) that organization’s or entity’s failure to maintain the security and confidentiality of its respective user IDs, passwords, or other security devices, (ii) the unlawful use of this Website by such organization or entity or by any person who obtains access to this Website using such organization’s or entity’s user IDs, passwords, or other security devices.

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.

  1. 1. GRANT OF LICENSE. These Terms of Use grant you the following rights:
    • 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.
  2. 2. OTHER RIGHTS AND LIMITATIONS.
    • Pivot Content is governed by certain other applicable U.S. Bank policies and programs as described in the user manual, in online documentation, and in other provided materials.
    • Your use of any supplemental software code related to this Website or any Pivot Content shall be governed by these Terms of Use.
    • Without prejudice to any other rights, U.S. Bank may terminate your access to this Website and to any Pivot Content if you fail to comply with these Terms of Use.
  3. 3. 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, its 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.
  4. 4. TRADEMARK. All trademarks, logos, and service marks that appear on this Website are 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:
Except as otherwise provided in these Terms of Use, your use of Pivot Content shall be governed by and subject to the written account agreement(s) between you and U.S. Bank.

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 Content 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.

Your ability to access this Website and Pivot Content may require you to provide current and complete information about yourself and you agree not to misrepresent your identity. This could include your name, address, phone number, e-mail address, or other types of online identification.

No Illegal Use:
You may only use this Website and Pivot Content for lawful purposes. You agree not to use this Website or Pivot Content to conduct any business or activity or solicit the performance of any activity prohibited by law or any contractual provision by which you are bound. You agree to comply with all applicable laws, rules, and regulations relating to this Website and Pivot Content. You certify that you are 18 years of age or older or otherwise able to lawfully enter into contracts under applicable law.

Linked Websites:
This Website may contain links to third-party websites not controlled by U.S. Bank. We encourage you to be aware when you leave this Website to read the privacy policies and terms of use of any such websites that may collect your personal information, as they will likely differ from those of this site. U.S. Bank does not guarantee and is not responsible for the privacy or security of these websites, including the accuracy, completeness, or reliability of their information.

Pivot Data Transmission/Functions:
AUTHORIZATION OF DISBURSEMENT OF FUNDS. If your company chooses to use the Website 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 those of an authorized signer and (2) the person who uploads the document into the Website 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 this Website for the initiation of trade tickets, in initiating a 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 meets the eligibility requirements required by applicable governing documents.

Privacy Policy:
U.S. Bank respects the privacy of its customers and acknowledges their privacy expectations. All information gathered from you relating to use of this Website will be governed by the provisions of U.S. Bank's Privacy Policy, which can be viewed here: https://www.usbank.com/privacy/index.html

Reporting:
U.S. Bank, 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. We provide such to current and future securities holders, investors, and their authorized representatives, 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 and is not required to verify information received from you or third parties. U.S. Bank cannot and does not represent or warrant the accuracy of such information contained in the Pivot Content. Further, U.S. Bank warns that the potential exists for the alteration of information posted by third parties after publication on this Website.

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.

U.S. Bank relies on certain representations by the users of this Website. These representations include the authority of such users to gain access to and use Pivot Content. U.S. Bank is not responsible for any misrepresentations made in Pivot Content or by potential users of this Website. Further, U.S. Bank is not responsible for the use or misuse of the information that such users obtain on this Website due to such misrepresentations. By agreeing to these Terms of Use, you represent that you are authorized to: (i) access this Website and (ii) bind each organization that you purport to represent to these Terms of Use.

For the avoidance of doubt, these Terms of Use for this Website and Pivot Content are hereby incorporated by reference with respect to any information provided on this Website that originates therefrom.

Any account information listed on the Website is not a substitute for your official periodic account statement or other correspondence you may receive from U.S. Bank. Any legal notices that normally accompany your statement will continue to be delivered to you in accordance with your account preferences.

No Legal, Accounting, or Other Professional Advice:
Pivot Content, including any information contained on this Website or generated by use of this Website, 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 retain an independent third-party advisor.

Automatic Log Out:
After 30 minutes of inactivity, your session will be automatically terminated. When you have finished your session, you must log out by clicking the "Logout" button on this Website. Following your use of the Website, U.S. Bank recommends closing your browser and clearing browser history.

DISCLAIMERS:
THIS WEBSITE AND PIVOT CONTENT 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. U.S. BANK DOES 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 LAW.

LIMITATION OF LIABILITY; INDEMNIFICATION:
AS A CONDITION TO U.S. BANK PROVIDING ACCESS TO THIS WEBSITE AND TO PIVOT CONTENT, YOU AGREE 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 DAMAGES, LOSSES, OR EXPENSES OF ANY KIND, ARISING IN CONNECTION WITH THIS WEBSITE, ANY PIVOT CONTENT, 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. THE SOLE REMEDY FOR YOU, ANY USER, OR ANY THIRD PARTY AGAINST U.S. BANK FOR DISSATISFACTION WITH THS WEBSITE OR ANY PIVOT CONTENT IS TO STOP USING THIS WEBSITE OR ANY SUCH CONTENT. THIS LIMITATION OF LIABILITY APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW.

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD U.S. BANK AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, OTHER SERVICE PROVIDERS, AND LICENSORS HARMLESS FROM ANY AND ALL CLAIMS, ACTIONS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEYS’ FEES) ARISING FROM: (A) A CLAIM, ACTION, OR ALLEGATION OF INFRINGEMENT, MISUSE, OR MISAPPROPRIATION BASED ON INFORMATION, DATA, FILES, OR OTHER MATERIALS RELATED TO THIS WEBSITE AND PIVOT CONTENT; (B) ANY FRAUD, MANIPULATION, OR OTHER BREACH OF THESE TERMS AND CONDITIONS BY YOU; (C) A CLAIM, ACTION, OR ALLEGATIONS BROUGHT AGAINST U.S. BANK ARISING OUT OF OR RELATING TO A DISPUTE WITH YOU OVER THE TERMS AND CONDITIONS OF THIS AGREEMENT OR THE WEBSITE; (D) YOUR VIOLATION OF ANY LAW OR RIGHTS OF A THIRD PARTY; OR (E) USE OF THIS WEBSITE OR USE OF YOUR ACCOUNT BY ANY THIRD PARTY. U.S. BANK RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE WITH U.S. BANK IN ASSERTING ANY AVAILABLE DEFENSES. YOU WILL NOT SETTLE ANY ACTION OR CLAIMS ON U.S. BANK'S BEHALF WITHOUT THE PRIOR WRITTEN CONSENT OF U.S. BANK.

Cross-Border Transfer; Access from Outside of the United States:
This Website and Pivot Content are controlled and operated by U.S. Bank from the United States, and are not intended to subject us to the laws or jurisdiction of any country or territory other than that of the United States. We may store and process your personal information in any country where we have facilities or in which we engage service providers, and, by using this Website or any Pivot Content, you consent to the transfer of information to countries outside of your country of residence, including the United States, which may have different data protection rules than those of your country.

This Website and Pivot Content are only offered in jurisdictions where they may be legally offered. Not all services are available in all countries and you understand that U.S. Bank is based in the United States, and that all information available on this Website is reflected in U.S. currency. We do not make any representations that any content or use of this Website is appropriate outside of the United States; and if you choose to access this Website or Pivot Content from locations outside the United States, you do so at your own risk and you are responsible for compliance with local laws.

Changes in Terms of Use:
We reserve the right to modify these Terms and Conditions at any time. By accessing this Website and any Pivot Content, you agree to the most recent version of these Terms and Conditions.

Delay or Suspension of Service:
Without limiting any other provision of these Terms and Conditions, if U.S. Bank reasonably believes that your conduct in using this Website or Pivot Content constitutes a "Threatening Condition" (including but not limited to, violation of these Terms of Conditions, violation of any applicable laws, rules, regulations, or industry standards, or otherwise poses a threat to any system, equipment, process, intellectual property, or the reputation of U.S. Bank, we or may provide you with a notice to cease the Threatening Condition. If, in the reasonable and good faith determination of U.S. Bank, the Threatening Condition poses an imminent or actual threat (including regulatory investigation, inquiry, or penalty) to us or any of our systems, equipment, processes, or intellectual property, you agree that we may suspend your use of this Website and Pivot Content without notice.

Term or Termination:
U.S. Bank may terminate any person’s, entity’s, or organization’s use of the Website and any Pivot Content for any reason and at any time with or without prior notice as the law requires. If you terminate your access or withdraw your consent to these Terms and Conditions, you will no longer have access to this Website or any Pivot Content.
All applicable provisions of these Terms and Conditions shall survive termination by either you or us, including, without limitation, provisions related to your liability, intellectual property, warranty disclaimers, limitations of liability, and indemnification.

Other Agreements:
These Terms of Use are subject to any other written agreement you have entered into with U.S. Bank ("Other Agreements") and, except as expressly set forth herein, in the event of a conflict, these Terms of Use shall control with respect to your use of this Website and any Pivot Content. Except with respect to such Other Agreements, these Terms of Use represent the entire understanding and agreement between you and U.S. Bank relating to use of this Website, and supersede any and all prior statements, understandings, and agreements whether written or oral between you and U.S. Bank relating to use of this Website, and shall not be modified except in a writing signed by you and U.S. Bank.

Waiver:
Any waiver of or failure to enforce any right under or term or provision of these Terms of Use shall not be deemed to be a waiver of such right or any other right, term or provision of the Terms of Use at any time. No delay or omission on U.S. Bank’s part in exercising any rights or remedies will operate as a waiver of those rights or remedies or any other rights or remedies. A waiver on one occasion will not be construed as a bar or waiver of any rights or remedies on future occasions.

Severability, Headings:
In the event that any portion of these Terms of Use shall be determined to be unenforceable by a court of competent jurisdiction, the remainder of these Terms of Use shall not be impaired, affected, nor invalidated, and the unenforceable term or provision shall be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or condition. The headings in these Terms and Conditions are for convenience or reference only and do not govern the interpretation of provisions contained herein.

Governing Law and Venue:
Use of this Website 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. By using this Website and Pivot Content, you agree that all legal proceedings, whether at law or in equity, related to this Website 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:
EACH OF YOU AND U.S. BANK HEREBY WAIVES ANY RIGHT TO A TRIAL BY JURY ON ANY CLAIM, COUNTERCLAIM, SETOFF, DEMAND, ACTION, OR CAUSE OF ACTION ARISING OUT OF, OR IN ANY WAY RELATED TO, USE OF THIS WEBSITE OR ANY PIVOT CONTENT, OR IN ANY WAY PERTAINING TO OR RELATED TO THESE TERMS OF USE.

Contact Us: If you have any questions or comments about these Terms and Conditions or our privacy practices generally, we encourage you to contact us via e-mail at: US.Bank.Pivot.Customer.Service@usbank.com or via telephone at 1-866-252-4360. In the event you notice suspicious activity on your account or believe your user ID, password, or other personal information has been compromised, please contact us immediately. Suspicious emails may be forwarded to fraud_help@usbank.com or you can call our Fraud Liaison Center at 877-595-6256.


TERMS OF USE FOR EUROPEAN USERS ONLY:
DATA PROTECTION, PRIVACY STATEMENT, AND TERMS OF USE:

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 Pivot, this private client portal website (the “Website”). The handling of your personal data, in particular the data we collect and analyse and how such data is used, is as follows.

We use cookies on this Website. Cookies are files containing small amounts of information which are downloaded to your computer or mobile device when visiting this Website. They help describe your use of the Website, which improves the browsing experience. For additional information regarding our use of cookies, please see Section 5 of our Online Privacy Policy, which can be viewed here: https://www.usbank.com/privacy/security.html


PERSONAL DATA
In order to use the Website, you acknowledge and agree that any personal information you submit may be stored, held, and processed on computers in the United States, which does not have the same data protection laws and does not provide the same protections as the laws of the Member States of the European Economic Area. However, your information will be handled in compliance with U.S. Bank’s Privacy Policy and applicable law.

We are committed to protecting your privacy during your visits to this Website and recognise our responsibility to hold your information securely and confidentially. We will do the utmost to assure that your information remains protected.

Processing of personal data
The controller of your data is U.S. Bank National Association.  U.S. Bank will only collect, process, and use your personal data upon your express consent, which is 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, e-mail address, and telephone number) in order to access and utilize this Website, you consent to our use of such data for this 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. We intend to be fully transparent with respect to any personal data that you provide to us; and if you have questions relating to the processing of your personal data on the Website, please contact us.

Contacting us
You have the following rights in respect of your personal data:
                1.             right to be informed about the collection and use
                2.             right of access
                3.             right to rectification
                4.             right to erasure
                5.             right to restrict processing
                6.             right to data portability
                7.             right to object
                8.             rights in relation to automated decision-making and profiling

If you wish to exercise any of the above-named rights, please submit your request via e-mail to:  US.Bank.Pivot.Customer.Service@usbank.com or via mail to: U.S. Bank Trust Legal, EP-MN-WS1D, 60 Livingston Avenue, St. Paul, MN, U.S.A., 55107.

TERMS OF USE FOR USERS IN EUROPE:
These are the terms and conditions (as amended from time to time) governing use of the 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 U.S. Bank National Association, an American bank organized under the laws of the United States of America, and its affiliates ("us"/"our"/"we"/"U.S. Bank") in relation to this Website. Please carefully read these Terms and our Privacy Statement. By using the 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, you will not be permitted to use this Website.

If you have any questions about the Terms, please contact us at US.Bank.Pivot.Customer.Service@usbank.com. U.S. Bank is regulated by the Office of the Comptroller of the Currency in the United States.

Grant of licence
Subject to you having agreed with and continuing to comply with these Terms, U.S. Bank grants you a personal, revocable, and non-transferable licence to access and use the Website. U.S. Bank reserves the right to terminate your access to the Website at any time and without notice. Any rights not expressly granted in these Terms are reserved.

Linked Websites
This Website may contain links to third-party websites not controlled by U.S. Bank. We encourage you to be aware when you leave this Website to read the privacy policies and terms of use of any such websites that may collect your personal information, as they will likely differ from those of this site. U.S. Bank does not guarantee and is not responsible for the privacy or security of these websites, including the accuracy, completeness, or reliability of their information.

Amendments to the Terms
We reserve 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 component, 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. U.S. Bank shall have no obligations with respect to such material.

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 we 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. We are 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.

As previously indicated above, in order to use the Website, you acknowledge and agree that any personal information you submit may be stored, held, and processed on computers in the United States, which does not have the same data protection laws and does not provide the same protections as the laws of the Member States of the European Economic Area. Nonetheless, we will take all appropriate steps to protect the information that you provide us.

The content on the Website 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.

We, in various capacities and pursuant to certain contractual obligations, provide reporting information for a variety of products and transactions on the internet as a convenience, a courtesy, and for information purposes only. We provide such information to current securities holders, investors, and their authorized representatives, 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 we are 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.

We have no duty and are not required to verify information received from you or third parties; and we do not represent or warrant the accuracy of such information contained on the Website. Further, we warn you that the potential exists for the alteration of information posted by third parties after publication on this Website.

Any dated information is published as of its date only and we do not undertake any obligation or responsibility to update or amend such information. We assume no liability or guarantee for the timeliness, accuracy, sufficiency, or completeness for the information on this Website.

We rely on certain representations by the users of this Website. These representations include the authority of such users to gain access to and use the Website. We are not responsible for any misrepresentations made by potential users of this Website. Further, we are not responsible for the use or misuse of the information that such users obtain on this Website due to such misrepresentations. By agreeing to these Terms of Use, you represent that you are authorized to: (i) access this Website and (ii) bind each organization that you purport to represent to these Terms.

We recommend that you change your password frequently by logging in and using the change password function. Due to emerging technologies and changes in security practices, we reserve the right to supplement or change our security procedures from time to time without notice. You are responsible for maintaining the security and confidentiality of all user IDs, passwords, and other security devices issued by us. You shall not permit unauthorized individuals to use or access this Website and its content. Any organizations or entities using this Website are responsible for the actions of any individuals using their user IDs, passwords, or other security devices. If you give any other person or entity access to your user ID or password, you agree that each such person or entity will be acting as your agent and will be bound these Terms (and any other agreement governing your account). You shall promptly notify us if you learn or have knowledge that the security of this Website may have been compromised. Any organization or entity using this website agrees, to the extent permitted by law, to defend and indemnify U.S. Bank against any claims, losses, damages, costs, expenses, fines, and other liabilities arising out of: (i) that organization’s or entity’s failure to maintain the security and confidentiality of its respective user IDs, passwords, or other security devices, (ii) the unlawful use of this Website by such organization or entity or by any person who obtains access to this Website using such organization’s or entity’s user IDs, passwords, or other security devices.

For the avoidance of doubt, these Terms are hereby incorporated by reference with respect to any information provided on this Website that originates therefrom.

Any account information listed on the Website is not a substitute for your official periodic account statement or other correspondence you may receive from us. Any legal notices that normally accompany your statement will continue to be delivered to you in accordance with your account preferences.

Intellectual property rights notice
The contents of this Website are protected by applicable copyright and trademark laws, and are the property of U.S. Bank 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 U.S. Bank and/or its licensors. You may access the materials located within this Website only for professional use, so long as you neither change nor delete any trademark, 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 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
  • U.S. Bank’s copyright and trademark notices and this permission notice appear in all copies.


Disclaimer and limitation of liability
While we endeavour to ensure that the information on the Website is correct, we do not warrant the accuracy and completeness of the material on the Website. U.S. Bank 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 U.S. Bank 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, U.S. Bank provides you with the Website on the basis that U.S. Bank 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).

U.S. Bank, any other party (whether or not involved in creating, producing, maintaining, or delivering the Website), and any of U.S. Bank’s group or affiliate 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 this Website, any websites linked to this 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
The place of venue for any disputes in connection with these Terms or the Website are the state and federal courts located in the State of Minnesota, U.S.A. By using this Website and its contents, you agree that all legal proceedings, whether at law or in equity, related to this Website shall be filed in and adjudicated solely in the state or federal courts located in the State of Minnesota, U.S.A., and you further consent and submit to the exclusive personal jurisdiction and venue of such courts for the purpose of litigating any such matters. These Terms are governed by the laws of Minnesota and the United States of America. Any use of this Website and its 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.

Access from Outside the United States:
The Website is controlled and operated by us from the United States, and is not intended to subject us to the laws or jurisdiction of any country or territory other than that of the United States. We may store and process your personal information in any country where we have facilities or in which we engage service providers, and, by using this Website, you consent to the transfer of information to countries outside of your country of residence, including the United States, which may have different data protection rules than those of your country. You acknowledge that the Website is maintained in the United States and that the information that you submit may be stored, held, and processed on computers in the United States.

Severability; Headings
To the extent that there are any gaps in these terms of use or that any of their provisions are or become ineffective, the effectiveness of the remaining provisions shall not be affected thereby. The headings in these Terms are for convenience or reference only and do not govern the interpretation of provisions contained herein.

Jury Trial Waiver:
Each of you and U.S. Bank hereby waives any right to a trial by jury on any claim, counterclaim, setoff, demand, action, or cause of action arising out of, or in any way related to, use of this Website or in any way pertaining to or related to these Terms.

Miscellaneous
Any waiver of these Terms must be in writing and signed by U.S. Bank 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 U.S. Bank relating to use of this Website, and supersede any and all prior statements, understandings, and agreements whether written or oral between you and U.S. Bank relating to use of this Website, and shall not be modified except in writing, signed by you and U.S. Bank.

Feedback
We welcome your feedback about these Terms, the Privacy Statement or this Website. Please contact us at US.Bank.Pivot.Customer.Service@usbank.com with any comments. U.S. Bank is a trademark in the United States and other countries. All rights reserved.