User Agreement

Read this Agreement in its entirety before using the InTrust website. Each time you use the site, your use indicates your full acceptance of the terms and conditions of the User Agreement. If you do not accept the terms and conditions stated in this agreement, you will not be permitted to use the site.

 

By accessing or using the InTrust Advisors ("InTrust") website (the "Site"), you hereby accept and agree to the terms and conditions set forth in this User Agreement (the "Agreement"). This Agreement is binding between you and InTrust, and governs your access and use of the Site, including any and all information on products and services, and data and other content (collectively, "Information") available on or through the Site.

 

Informational Purposes Only

Nothing on the Site is an offer or solicitation to buy or sell any security. Although the Site may include investment-related information, nothing on the Site is a recommendation that you purchase, sell or hold any security or other investment, or that you pursue any investment style or strategy.

 

InTrust does not give any advice or make any representations through the Site as to whether any security or investment is suitable to you or will be profitable.

 

Nothing on the Site is intended to be, and you should not consider anything on the Site to be investment, accounting, tax or legal advice. If you would like investment, accounting, tax or legal advice, you should consult with your own financial advisors, accountants or attorneys regarding your individual circumstances and needs.

 

Past performance of any investment, investment strategy or style is not indicative of future performance. Therefore no current or prospective client should assume that the future performance of any specific investment, investment strategy (including the investments and/or investment strategies reflected on the Site), or product made reference to directly or indirectly via link to any unaffiliated third-party Site, will be profitable or equal to corresponding indicated performance levels.

 

Different types of investments involve varying degrees of risk, and there can be no assuarnce that any specific investment will either be suitable or profitable for a client's investment portfolio.  No client or prospective client should assume that any information presented and/or made available on this Site serves as the receipt of, or a substitute for, personalized individual advice from an professional investment adviser.

 

Historical performance results for investment indexes and/or categories generally do not reflect the deduction of transaction and/or custodial charges or the deduction of an investment-management fee, the incurrence of which would have the effect of decreasing historical performance results.

 

InTrust only transacts business in states where it is properly registered, or excuded or exempted from registration requirements.

 

Limited Right to Use

Your right to use the Site is subject to your agreement to abide by this Agreement in its entirety, as well as any other rules, procedures, policies, terms or conditions that govern all or any portion of the Site.

 

InTrust may revoke your right to use all or any portion of the Site at any time and for any reason. You may not violate or attempt to violate the security of the Site.

 

Passwords

Access to the Site is restricted to persons meeting certain requirements imposed by the securities laws of the United States . You will be required to provide certain information in order for InTrust to determine your eligibility to receive a password and gain access to this Site. Upon determining that you meet the necessary requirements, InTrust may provide you with a password to access certain areas of the Site.

 

You are solely responsible for maintaining the confidentiality and security of your password. You may not disclose your password to any third party and accept full responsibility for any use of your password. You must notify InTrust immediately of any actual or suspected loss, theft or unauthorized use of your password.

 

InTrust is not obligated to inquire as to the authority or propriety of any use of or action taken under your password. InTrust will not be responsible for any loss to you that arises from such use or action or from your failure to comply with these provisions.

 

Assumption of Risk

InTrust makes reasonable efforts to provide accurate Information on the Site. Although reasonable efforts are made to keep the Information accurate, InTrust may not promptly update or correct the Site even if the company is aware that it is inaccurate, outdated or otherwise inappropriate.

 

InTrust does not warrant the accuracy of facts or other Information provided by any third party.

 

InTrust may change all or any portion of the Site at any time without notice to you.

 

You agree that InTrust is not liable for any action you take or decision you make in reliance on any Information.

 

Ownership

The Site is protected by one or more copyrights, patents, database rights, trademarks, service marks and/or other intellectual property and proprietary rights that are owned by InTrust, its affiliates and/or third parties.

 

InTrust and other names and indicia of InTrust and its products and/or services are exclusive trademarks and service marks of InTrust Advisors, Inc. Other product and company names appearing on the Site may be trademarks of their respective owners.

 

You may not publish, broadcast, retransmit, reproduce, repackage, frame, commercially exploit, create any derivative of or redistribute all or any portion of the Site unless explicitly permitted by InTrust. You may print copies of any accessible portion or portions of the Site only for your own personal use. You may discuss the Information with your financial, legal or tax advisors.

 

You may not remove any copyright, trademark or other proprietary notice or legend contained on the Site or on printed materials.

 

Representations and Warranties

You represent and warrant that you meet the minimum qualifications to enter the site and view the Information, that you have the authority and rights necessary to fully perform your obligations pursuant to the Agreement; You will not decompose, decompile, reverse engineer, disassemble or otherwise deconstruct all or any portion of the Site and you will not delete any Information on the Site.

 

Technical Problems

InTrust makes reasonable efforts to avoid technological problems, but at any time the Site may not be available, may not function properly, or may have or cause technological problems such as viruses and the like.

 

InTrust takes reasonable security precautions, but we disclaim liability for any interception of data or communications. We make reasonable efforts to ensure that the Site is secure but we do not guarantee the security of the Site.

 

We are not liable for any damage or injury caused by the performance or failure of performance of all or any portion of the Site. We are not liable for any defects, delays or errors in or resulting from your use of the Site.

 

Monitoring and Recording Site Activity

InTrust may monitor and record activity on the Site for any reason or for no reason and may investigate any complaint or reported violation of our policies.

 

InTrust may report any activity suspected to violate any law or regulation to regulators, law enforcement officials or other persons that we deem appropriate or necessary.

 

InTrust may suspend or terminate use of the Site, deny access to all or part of the Site or take any other action deemed necessary to protect the Information, to enforce the terms of the Agreement, or for such other reasons deemed appropriate.

 

Privacy: Personal nonpublic information that InTrust gathers from you will be governed by our Privacy Policy.

 

Disclaimer 

The site, including all content, is provided "as is" and "as available." InTrust disclaims all representations and warranties, express or implied, of any kind with respect to the Site and the content including warranties of merchantability, fitness for a particular purpose and non-infringement of intellectual property and proprietary rights.

 

Without limiting the general disclaimer, InTrust does not warrant the accuracy, timeliness, functionality, availability, completeness, or reliability of the Site or the Information.

 

Limitation of Liability

In no event will InTrust or any of its affiliates, agents or employees be liable for any indirect, incidental, special, punitive or consequential damages however caused arising out of this Agreement, the Site, the Information, the inability to use the Site, or transactions entered into through the site.

 

Any direct damages are limited to the lesser of the actual damages incurred or $1,000.

 

InTrust's liability is limited even if it has been advised of the possibility of the damages that you suffer or if any remedy you have fails of its essential purpose.

 

This disclaimer of liability applies to any and all damages, including those caused by failure to perform, omission, error, defect, deletion, delay, interruption, virus, communication line failure, theft, destruction or unauthorized access to, alteration of or use of Information, whether for such liability relates to breach of contract, tortious conduct, negligence or under any other cause of action.

 

Breach of the Agreement

You agree to indemnify, defend and hold harmless InTrust and its affiliates, agents and employees from and against any and all suits, losses, claims, demands, liabilities, damages, costs and expenses (including reasonable attorneys' fees) that arise from or relate to your use of the Site, your breach of this Agreement or any representation, warranty or covenant made by you in this Agreement, your violation of any applicable law, statute, ordinance, regulation or of any third party's rights, or claims by third parties that, if true, would place you in breach of this Agreement.

 

You agree to indemnify, defend and hold harmless InTrust and its affiliates, agents and employees from and against any and all suits, losses, claims, demands, liabilities, damages, costs and expenses (including reasonable attorneys' fees) that arise from or relate to your use of the Site, your breach of this Agreement or any representation, warranty or covenant made by you in this Agreement, your violation of any applicable law, statute, ordinance, regulation or of any third party's rights, or claims by third parties that, if true, would place you in breach of this Agreement.

 

Governing Law

This Agreement is governed by and interpreted in accordance with the laws of the State of Florida that apply to agreements made and wholly performed therein, without giving effect to conflicts of law principles. You hereby consent to the exclusive jurisdiction of the State of Florida, in all disputes arising from or relating to this Agreement or your access to or use of the Site.

 

You hereby irrevocably and unconditionally waive, to the fullest extent permitted by applicable law, any and all rights to trial by jury in all disputes arising from or relating to this Agreement or your access to or use of the Site. Further, you hereby waive any objection to venue or inconvenient forum laid therein.

 

Modifications to the Agreement

Modifications to the Agreement will be effective immediately upon posting unless indicated otherwise. Your use of the Site indicates your full acceptance of this Agreement in its then-current form each time you use the Site.

 

General

InTrust may assign this Agreement in whole or in part at any time without your consent. You may not assign this Agreement or delegate any of your obligations under this Agreement. Any purported assignment of this Agreement in violation of its terms is void.

 

This Agreement constitutes the entire understanding, and supersedes all other understandings, between you and InTrust concerning the subject matter hereof.

 

If any provision of this Agreement is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible and the remaining provisions of the Agreement shall remain in full force and effect.