Terms and Conditions

Your Duties When Using This Website

Website Usage

By accessing this Website, you agree to use it only for lawful purposes. You agree not to interfere with or compromise the security of this Website, or any computers, servers, accounts, networks, data, software, and/or hardware associated with this Website. You agree to not disrupt or interfere with any visitor's use of this Website. You agree to not attempt to obtain access to any portion of this Website, any computer, server, account, network, software, or hardware associated with the Website, from which you are restricted. You agree that you are solely responsible for any actions you undertake while visiting this Website and that you will comply with all applicable local, state, national and international laws, and regulations applicable to this Website and the internet, including United States copyright and export regulations.

This Website performs in conjunction with and relies on the availability of the Internet. You acknowledge that Equity Trust Company is not responsible for Internet communication errors or failures.

The content available on this Website is made available by Equity Trust Company for general reference and educational purposes only. Equity Trust does not provide any financial, investment or tax advice and does not recommend or endorse any investment product or sponsor, or any financial or investment-related services. The information on this Website does not constitute a recommendation or any endorsement but simply serves as an educational tool.

Responsibilities of Equity Trust Company

Equity Trust Company grants you the right to access and use the Website for educational purposes. Equity Trust Company shall make commercially reasonable efforts to monitor the performance of the Website and to resolve any errors in the Website discovered by Equity Trust Company or reported by you. Equity Trust Company shall use commercially reasonable efforts to provide technical support to you and shall provide such commercially reasonable assistance to you for your use of the Website.

Recurring Marketing Text Message Program Terms & Conditions

Equity Trust and/or its vendor may send text messages to you for various reasons. By opting in, you accept and agree to the Terms and Conditions below and the Website Terms of Use.

Recurring Marketing Text Message Program (the "Program"): Without limiting the scope, by opting into a recurring marketing Program, you can expect to receive recurring ongoing messages that may include marketing, advertising, transactional, and other similar messages at the mobile number provided. Nothing in these messages shall be regarded as an offer, solicitation, recommendation, or advice regarding any product or service or strategy (whether financial, accounting, legal, tax, or other). Equity Trust and its affiliates and employees do not provide tax, legal, or accounting advice. You should consult your own tax, legal, and accounting advisors before engaging in any transactions.

Opt In: A recurring marketing Program enables you to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through completing an enrollment form or by other methods. Regardless of the opt-in method you utilized to join the Program, you agree that these Terms apply to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not a condition of using our services. While you consent to receive messages sent using an autodialer, the foregoing should not be interpreted to suggest or imply that any or all of our mobile messages are sent using an automatic telephone dialing system ("ATDS" or "autodialer"). Upon your request to sign up to the Program, you will receive text messages as part of the process confirming your desire to opt-into the Program. Message and data rates may apply.

Opt Out: If you do not wish to continue participating in any Program or no longer agree to these Terms, you agree to text reply to any mobile message received from a Program with "STOP" to opt out of that Program at any time. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing option is the only reasonable and exclusive method of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words or phrases other than as set forth above or verbally requesting employees of Equity Trust to remove you from our list, is not a reasonable means of opting out.

Duty to Notify and Indemnify: If at any time, you intend to stop using the mobile telephone number that you have used to opt-in or enroll in any programs, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying us of such change that you will be responsible for all costs (including attorneys' fees) and liabilities incurred by us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement will survive any cancellation or termination of your agreement to participate in any Program or programs.

YOU AGREE THAT YOU WILL INDEMNIFY, DEFEND AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT (47 U.S.C. SEC. 227), AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

Cost: Message and data rates may apply. Check with your mobile operator for details.

Participant Device & Service Requirements: You must have a wireless device of your own, capable of 2-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

Participant Age: Children under the age of 18 may not participate in any Program and parents or legal guardians may not agree to these Terms on their behalf. If we become aware that a child under 18 has provided or attempted to provide us with personal information, we will use our best efforts to remove the information permanently from our files.

Governing Law: This Agreement shall be governed by the laws of the State of South Dakota, without reference to conflict of laws principles. Any suit to enforce this Agreement shall be brought exclusively in Cuyahoga County Court of Common Pleas or the Northern District of Ohio District Court located in Cleveland, Ohio and the Parties hereby submit to the personal jurisdiction of such courts and waive any venue objection.

Additional Terms

Security/Privacy

Please see our Online Privacy Policy for details regarding the manner in which we collect and use information about you, maintain the confidentiality of your personally identifiable information, and use technology and procedures to maintain security. You agree to comply with this Agreement and the Online Privacy Policy when you use this Website.

Consent to Email Communications and Opting Out

By entering into this Agreement, you are consenting to the receipt of email from Equity Trust Company. We may send you emails about services and products we believe may be of interest to you. We may also send you emails regarding your transactions, verifying the receipt of a particular transaction or confirmation that a transaction has been affected. You may opt-out of emails about products or services by following directions in the email that you receive from us. Even if you opt out, however, Equity Trust Company reserves the right to email you important information relating to your particular account, including regulatory communications, or to contact you by email as otherwise required or permitted under applicable law.

Linked Sites

You may gain access to third party websites via links on this Website. Unless specifically stated, Equity Trust Company does not control any of the information, products or services on such linked sites. You acknowledge and agree that you access these third-party links at your own risk and Equity Trust does not assume any responsibility for any third-party site. Equity Trust Company does not endorse or make any recommendations or warranties with respect to the third-party linked sites.

Third-Party Content

Equity Trust Company may also display content supplied by visitors and other third parties on its Website. We typically have no editorial control over this content. We do not guarantee the accuracy of any content supplied by visitors or third parties. Equity Trust Company shall not be liable for any loss or damage incurred by you as a result of your reliance on the third-party content.

Assignment

We may assign this Agreement without your consent or approval. We may also assign or delegate our rights and responsibilities under this Agreement to independent contractors or other third parties. You may not assign this Agreement under any circumstances.

Alteration of Site

Equity Trust Company may change, suspend, or discontinue any feature, aspect, or service available through this Website at any time.

Limitation of Usage

Equity Trust Company may add, remove, or modify any content of this Website, including content of third parties, at any time.

Right to Amend

Equity Trust Company has the right to make changes to this Agreement at any time. We will comply with any notice requirements under applicable law for such changes. Your continued use of this Website will constitute your acceptance of such changes and agreement to be bound.

Force Majeure

Equity Trust Company will not be liable to you for any failure or delay in performing the services or making the Website available for your use if the failure or delay is due to causes beyond our control, natural catastrophes, governmental actions or omissions, the application of any law, governmental guidelines or regulations, terrorism, labor strikes or difficulties, communication system breakdowns, hardware or software failures, viruses introduced by third parties, or our inability to confirm your identity or your authority to act.

Use of Proprietary Information

The information and content provided on the Website is the property of Equity Trust Company and is protected by applicable law. You agree not to reproduce, retransmit, disseminate, sell, distribute, create derivative works from, transmit, perform, publish, broadcast or circulate this content in any manner without the express written consent of Equity Trust Company. You further agree to comply with all reasonable written requests from Equity Trust Company intended to protect the content and its rights in such.

Governing Law/Jurisdiction/Venue

This Agreement, and all future agreements you shall enter into with Equity Trust Company unless otherwise indicated on such other agreement, shall be governed by the law of South Dakota. This is the case regardless of whether you reside or transact business with Equity Trust in South Dakota or elsewhere. If any terms in this Agreement are determined to be invalid, illegal or unenforceable in any respect for any reason, the validity, legality and enforceability of the remaining portions of such provisions and of this Agreement shall not be impaired and shall be construed and deemed to be legal, valid and binding to the maximum extent permitted by law. Jurisdiction and venue with respect to any action arising under this Agreement shall be in the Northern District of Ohio Federal District Court or the Cuyahoga County Court of Common Pleas located in Cleveland, Ohio. You hereby consent to service of process.

Confidentiality

You agree to comply with Equity Trust Company's Online Privacy Policy, located on this Website. Each party agrees to hold the other party's non-public proprietary information in confidence and to use it solely for the purposes contemplated herein. Such proprietary information for Equity Trust Company includes all business, financial, and technical information, along with account information, marketing material, and any information it deems proprietary.

Notices

Notices under this Agreement shall be sent to Equity Trust Company via email at: [email protected].

Trademark/Intellectual Property/Copyrights

All information, content, and material ("Content") made available through this Website by Equity Trust Company is copyrighted and owned by or licensed to Equity Trust Company, who retains all rights in this Content. Equity Trust Company grants you permission to display, copy, distribute, print, and/or download the Content on this Website for your personal, non-commercial use only. Your permission will be terminated if you breach these terms or conditions. Upon termination, you must immediately destroy any Content. Equity Trust Company and this Website are either registered trademarks, trade names, service marks, or otherwise protected property of Equity Trust Company and may not be used, copied, or imitated without our prior written consent.

Equity Trust Company's intellectual property may not be used in connection with any service or product that is not owned by us. Its intellectual property may not be used in any manner that is likely to cause confusion among consumers or in any manner that disparages Equity Trust Company. The compilation of the Content on this Website is the exclusive property of Equity Trust Company and is protected by U.S. and International Copyright law. You may not upload, post, or otherwise distribute on this Website anything protected by copyright or other proprietary rights unless the owner of the applicable copyright or proprietary right has given you express authorization for such uploading, posting, or distribution on the Website.

You acknowledge that this Agreement does not vest in you any right, title, or interest in or to the Website or any intellectual property, copyright, trademark, service mark, trade name, service name, logo, or associated marks and/or symbols of Equity Trust. You should not take any action that is inconsistent with Equity Trust Company's ownership of its Website or any intellectual property associated with Equity Trust Company.

Limitation of Liability

YOU AGREE THAT NEITHER WE, NOR OUR AFFILIATES OR SERVICE PROVIDERS, WILL BE LIABLE FOR ANY DIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (I) YOUR USE OF THE WEBSITE; (II) THE INSTALLATION, MANAGEMENT, USE, OR THE INABILITY TO USE OUR WEBSITE; (III) THE COST OF GETTING SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR WEBSITE; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (V) STATEMENTS OR CONDUCT OF ANYONE ON OUR WEBSITE OR IN ANY RELATED SERVICES; OR (VI) ANY OTHER MATTER RELATING TO OUR WEBSITE OR ANY RELATED SERVICES.

Disclaimer

You acknowledge that any reliance on your use of this Website is at your sole risk.

Indemnification

You agree to indemnify, defend, and hold Equity Trust Company and its officers, directors, shareholders, employees, agents, representatives, successors, and assigns harmless from and against any and all claims, losses, liabilities, costs, and expenses (including, but not limited to, attorneys' fees) arising from your violation of this Agreement or your use of this Website, including any third party's rights, such as your infringement of any copyright, trademark, trade secret, patent, or other proprietary right of any party, or any applicable federal, state, or local law, regulation, or ordinance. This obligation will survive the execution, termination, or expiration of this Agreement for any reason.