Terms and Conditions

Welcome to the website provided by Equity Trust Company (together with its affiliates, “Equity,” “we,” “us,” or “our”).

These Terms and Conditions (the “Terms”) are a contract between you (“you,” “your”) and Equity and apply to the website, located at www.trustetc.com, its content, and any other webpages owned and operated by us that link back to, or otherwise display, these Terms (the “Site”), including our password-protected Online Account Management Portal (the “Online Portal”) and any other resources or services made available to you (collectively, the “Service”). In the event that you are entering into these Terms on behalf of a legal entity, you represent and warrant that you have the authority to bind that party to these Terms. If you or the entity you represent has entered into a separate agreement (“Other Agreement”) with us in connection with the use of any Equity services, then that Other Agreement will control where it conflicts with these Terms. References to “you” and “your” also include any person or entity that uses any part of the Site or the Online Portal, that obtains a password for the Online Portal, or that you authorize to log into your Account in the Online Portal. If you are a registered user of the Online Portal, you are subject to these Terms each time you log on to the Online Portal. If you are a client, you remain bound by, and agree to comply with, all agreements you have entered into with Equity, including your Custodial Account Agreement (the “Custodial Agreement”) and the Privacy Notice you received when you became a client and annually thereafter, and you agree to comply with all applicable local, state, national, and international laws, rules, and regulations, including United States copyright and export regulations.

You can find a copy of your current Custodial Agreement, Privacy Notice, Fee Schedule, and Important Disclosures on our website at: https://www.trustetc.com/custodial-agreement-disclosure/.

PLEASE READ THE TERMS CAREFULLY. This is a binding agreement and affects your legal rights, including limiting your damages if you sue us. When you use this Site or click “accept”, “agree”, “start a conversation,” or similar button, you agree to these Terms, we will understand this as your acceptance of these Terms and your agreement to all of its terms and conditions. By accepting these Terms or using the Service, you represent and warrant that you have the legal capacity to enter a contract in the jurisdiction where you reside. If you do not agree to all of these Terms, you are not authorized to use the Service and you must promptly discontinue using the Site.

By agreeing to these Terms, you expressly agree to the arbitration of all Claims as further described in Section 15 below. Any controversy, allegation, or claim that arises out of or relates to the Site, Service, these Terms, the Calling and Texting Program Terms and Conditions and our calls and text messages with you, any additional terms, arising under any applicable laws or regulations, whether heretofore or hereafter arising (collectively, a “Claim”), shall be finally resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and that these Terms do not permit class arbitration, or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. In the event the prohibition on class arbitration is deemed invalid or unenforceable, then the remaining portions of the arbitration provisions will remain in force.

Consent to Receipt of Electronic Information and E-Sign: Notwithstanding anything herein to the contrary, you understand that applicable law may require us to provide certain information to you in writing in connection with any consent to receive advertising and telemarketing telephone calls and text messages. By opting in to the Calling and Texting Program, you authorize us to provide this information to you electronically instead of in a separate paper document. You understand that you may withdraw this consent, update your information, or request a free paper copy of the information by emailing [email protected]. You understand that to access and retain a copy of this webpage, you will need: (i) a device (such as a computer or mobile phone) with a web browser and internet access; and (ii) available storage space on that device to download a copy of this webpage or a connected printer to print a copy of this webpage.

1. Access to the Service

Registration. You must register for the Service and then create an account (“Account”) in our Online Portal. You may not attempt to access any parts of the Site without authorization. To set up your Account, you will be required to select a user identification (“User ID”) and password. You also must provide certain personal information (e.g., name and email address). You can modify personal information at any time in your Account. You agree that (i) all the required registration and Account information you submit is truthful, current, accurate, and complete, (ii) you will maintain the accuracy and completeness of such information by providing updates to us as needed, and (iii) we may use and rely on any such information provided by you for all purposes in connection with your use of the Service.
Online Portal Use. When using the Online Portal, you agree to transact business using electronic communications, electronic records and, in certain circumstances, electronic signatures. By gaining access to the Online Portal, you agree to use an electronic signature in place of a paper-based signature where one may be required. You agree that you will read and review any applicable document before providing your electronic signature. You agree to monitor all account activity entered using the Online Portal. In the event of an error or omission related to your Account information, you are solely responsible for notifying Equity of the error or omission. If you notify Equity immediately of the error or omission, Equity will take commercially reasonable steps to assist you with correcting the Account information or transaction.
Protecting your Account Information. All password-protected information that we provide to you is confidential and intended solely for the intended recipient. You are solely responsible for (i) maintaining the confidentiality of any User ID, password, PIN number(s), and Account information, and (ii) all activities that occur under your User ID. If, in the process of obtaining a User ID, password(s), PIN number(s), or Account number(s), you provide us with any information that is untrue, inaccurate, not current, or incomplete, or if we have reason to suspect that such information is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your User ID and password and refuse any and all current or future use of the Service (or any portion thereof).

You are responsible for protecting your Account information and your personal identification information from unauthorized use and access. This information may allow unauthorized access to your Account(s). You acknowledge and agree that Equity is not responsible for determining whether a user is authorized to access the Online Portal, other than verifying that such person is using the password for your Account. When you access the Online Portal, we will assume that all activity therein and any transactions performed are performed by you. Any use of the Online Portal under your User ID, password(s), or Account number(s) will be deemed to have been made by you at the time it is consummated through the Online Portal and in the form then received by Equity. You should memorize your password and/or store it only in a location that is secure and not susceptible to unauthorized access. You must never give your password to anyone who asks for it by telephone or who claims to represent Equity; Equity’s employees do not need, and will not ask for, your password. If you inform us, or we have reason to believe, that the security of your User ID or password may be or has been compromised, we have the right to suspend or terminate your use of the Online Portal.
Loss, Theft, Unauthorized Access or Misdirected Account Notifications. You agree to immediately notify Equity of any (i) loss or theft of your User ID, PIN number(s), password(s), and/or Account number(s), (ii) known or suspected use of the User ID, PIN number(s), password(s), and/or Account number(s) without authorization, (iii) compromises to the confidentiality of the User ID, password, PIN number(s), or Account number(s), (iv) failure by you to receive a message that a transaction initiated by you through the Online Portal has been received and/or executed, (v) failure by you to receive accurate written confirmation of a transaction or its execution after entering the transaction through the Online Portal, or (vi) receipt of confirmation of a transaction that you did not place, or any similarly inaccurate or conflicting report or information. You further agree not to leave your computer unattended during an active session of the Online Portal. We will not be responsible or liable for any loss, expense, or damage arising in any way from use or misuse of the User ID, password(s), PIN number(s), and/or Account number(s) or the accessing of information or notifications. Consistent with your Custodial Agreement, you bear full responsibility to monitor and verify your account information.
Internet Access. When using the Service on your mobile, laptop, desktop, or other device (your “Device”), you acknowledge and agree that you are responsible for (i) maintaining internet access for your Device and (ii) any internet connection and telecommunications fees and charges that you incur. Equity is not responsible for internet communication errors or failures.
Your Device. Equity is not responsible for the operation of your Device. You are responsible for ensuring the system functions of your Device are in working order when accessing the Service, including, but not limited to screen display operation features of your Device.
No Guarantee. Access to your Account information via the internet is provided as a convenience. While the Online Portal is generally available seven (7) days a week, twenty-four (24) hours a day, access to the Service may be suspended temporarily and we may or may not provide notice (i) in the event of system failure, (ii) for maintenance or repair, (iii) where we reasonably suspect there has been a breach of these Terms, (iv) for reasons reasonably beyond our control, or (v) as otherwise explained in these Terms. Access to the Online Portal may also be limited or unavailable during periods of peak demand, market volatility, system upgrades, or for other reasons. If the Online Portal is unavailable or delayed at any time, you agree to use alternative means, such as calling Equity, to obtain Account information or initiate a transaction, and you remain responsible for ensuring that all bills and payments due are paid by their due dates. We will not be liable to you if you are unable to access your Account or complete a transaction through the Online Portal.

2. Permitted Use and Restrictions

License Grant. Subject to these Terms and your compliance with all applicable law, Equity hereby grants you a limited, non-exclusive, personal, non-transferable, non-sublicensable, non-assignable license to access and use the Service solely on a Device that you own or control. We reserve all other rights not expressly granted in these Terms.
Use Restrictions. You may not access or use the Service in any way that is not expressly permitted by these Terms. You may not: (i) cause, permit, or authorize the modification, copying, creation of derivative works, translation, reverse engineering, decompiling, disassembling, or hacking of the Service, (ii) sell, assign, rent, lease, or grant rights in the Service, including, without limitation, through sublicense, to any other person or entity, or (iii) use the Service for any unlawful, prohibited, abnormal, or unusual activity as determined by Equity in its sole discretion.
Service Access and Performance. You may access and use the Service to research information, access your Account and effect certain electronic transactions. You are liable for all transactions that you make or authorize, even if the person you authorize exceeds your authority. Equity shall make commercially reasonable efforts to (i) monitor the performance of the Service, (ii) resolve any errors in the Service discovered by Equity or reported by you to us, and (iii) provide technical support and assistance to you for your use of the Service.
Eligibility. You may only use the Service if you are an individual 18 years of age or older or a duly organized, validly existing business, organization, or other legal entity in good standing under any and all applicable laws, and able to enter into legally binding contracts. Individuals under the age of 18, or any other applicable age of majority, are not permitted to use the Service. We may, but are not obligated to, monitor, or review our Service at any time. If we become aware of any possible violations by you of these Terms, we reserve the right to investigate such violations, and we may, at our sole discretion, immediately terminate your license to use the Service pursuant to the Termination provision below.
Violation of these Terms. You must not use (or permit a third-party to use) the Service: (i) in any unlawful manner, for any unlawful purpose, or to act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Service or any operating system used by the Service, (ii) in a way that could damage, disable, overburden, impair or compromise our systems or security, or interfere with other users, (iii) to collect or harvest any information or data from the Service or our systems or attempt to decipher any transmissions to or from the servers running the Service, (iv) via use of a robot, spider, or other automated device to monitor or copy the Service or any information provided by the Service, (v) to send, knowingly receive, upload, download, use, or re-use any material which does not comply with these Terms, or (vi) to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam). You acknowledge and agree that you are solely responsible, and Equity has no responsibility or liability to you or any other person or entity, for any breach by you of these Terms or for the consequences of any such breach.

3. Privacy Notice and Online Privacy Policy

These Terms also incorporate the terms of our Privacy Notice and Online Privacy Policy, as updated from time to time (“Privacy Policies”). Our Privacy Policies explain how your personal information will be collected and used, as well as other information regarding your privacy, how we use cookies, pixels, session replay tools, chatbots, and other tracking technologies, including the collection, recording, and analysis of your interactions with the Service. By agreeing to these Terms, you are also agreeing to the Privacy Policies, and you consent to (i) the processing of your personal information as explained in the Privacy Policies, (ii) the use of tracking technologies to monitor and collect your browsing activity and interactions, and (iii) the collection of information from your Device as explained in the Privacy Policies.

4. Calling and Texting Program Terms and Conditions

Program Description. Equity offers a calling and texting program (the “Program”), which allows users who affirmatively opt into the Program (as discussed below) to receive calls and text messages related to any inquiry or request you have made to us, including scheduling-related information and inquiries, and promotional and marketing information. By opting into or participating in the Program, regardless of the opt-in method you used, you accept and agree to these Terms, and you agree that any disputes with us in connection with your participation in the Program shall be resolved through binding, individual-only arbitration, as detailed in Section 15 (Dispute Resolution) below. Nothing in these calls or messages constitutes an offer, solicitation, recommendation, or advice regarding any product, service, or strategy (whether financial, accounting, legal, tax, or other). Equity and its affiliates and employees do not provide tax, legal, or accounting advice, and you should consult your own tax, legal, and accounting advisors before engaging in any transaction.
User Opt-In. Users may opt into the Program by submitting their names and contact information to Equity, including through an online enrollment form on the Site or Online Portal, a text message exchange with us, or through a phone call or an in-person exchange. By participating in the Program, you agree to receive autodialed, prerecorded calls and text messages related to any inquiry or request you have made to us, including scheduling-related information and inquiries, and promotional and marketing information, including messages and calls generated through Artificial Intelligence and automated processes, at the phone number associated with your opt-in. While you consent to receive calls and messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of our calls or mobile messages are sent using an automatic telephone dialing system as defined under applicable law. You understand that consent is not required to obtain our services. You also acknowledge and agree that your information may be shared with third-party service providers who help us administer the Program. Message and data rates may apply.

By opting into the Program and providing us with a telephone number(s), you represent that you are the subscriber for or authorized user of that number(s), and that you are authorized to consent to the receipt of calls and mobile messages at that number(s), and that you are authorized to approve any related charges for messaging and data applied by your wireless carrier.
User Opt-Out. If you do not wish to continue participating in the Program or no longer agree to these Terms, you may reply “STOP,” “QUIT,” “END,” “CANCEL,” “UNSUBSCRIBE,” “REVOKE,” or “OPT OUT” to any mobile message from Equity to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. Your opt-out request is not effective until the request has been processed.
Duty to Notify and Indemnify. If at any time you intend to stop using the telephone number that has been used to subscribe to the Program, 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 telephone number. You understand and agree that your agreement to do so is a material part of these Terms. You further agree that, if you discontinue the use of your telephone number without notifying Equity of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Equity, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) or entities who are later assigned that telephone number. This duty and these Terms shall survive any cancellation or termination of your agreement to participate in any of our Program. YOU AGREE THAT YOU SHALL 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. § 227, OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE TELEPHONE NUMBER YOU PROVIDED.
Truthful and Accurate Information. When you complete forms online or otherwise provide us information in connection with the Program, you agree to provide accurate, complete, and true information. You agree not to use a false or misleading name or a name that you are not authorized to use, or to provide a telephone number that you are not the subscriber or customary user of. If, in our sole discretion, we believe that any such information is untrue, inaccurate, or incomplete, or you have opted into the Program for an ulterior purpose, including as a pretense to pursue an action against us, you may be refused access to the Program, and we may pursue any appropriate legal remedies or interpose such matters in any dispute with you.
Cost and Frequency. Message and data rates may apply. The Program involves recurring calls and mobile messages, and additional calls and text messages may be sent periodically based on your interaction with Equity.
Support Instructions. For support regarding the Program, reply “HELP” to any mobile message from Equity or email us at [email protected]. Please note that we do not process opt outs received at this email address. Opt outs must be submitted in accordance with the User Opt-Out procedures set forth above.
MMS Disclosure. The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty. The Program is offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, or coverage change or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Equity’s control.
Participant Requirements for Text Messaging. You must have a wireless device of your own, capable of two-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 device 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.

By entering into these Terms, you are consenting to the receipt of emails from Equity. 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, including verifying the receipt of a particular transaction or confirming that a transaction has been effected. You may opt out of emails about products or services by following the directions in the email that you receive from us. Even if you opt out, however, Equity 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.

6. No Advice

The content made available through the Service is made available by Equity for general reference and educational purposes only. You acknowledge and agree that Equity 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 made available by the Service does not constitute a recommendation or any endorsement but simply serves as an educational tool. You further acknowledge and agree that you are responsible for evaluating any investment products, including the merits and risks involved, and are responsible for engaging your own financial, legal, and tax advisors to determine if an investment is suitable for you based on your own financial circumstances and tax situation.

7. Third-Party Sites, Third-Party Content and Third-Party Services

Linked Sites. The Service may contain links to or allow you to share content directly with other third-party websites (“Third-Party Sites”). You acknowledge that we have no control over the Third-Party Sites and are not responsible for their contents and availability or your decision to disclose your personal information to any third party, such as to an investment advisor, third party, or agent. We do not assume any liability for your use of any of the foregoing, which you acknowledge and agree shall be at your own risk.
No Endorsement. Unless specifically stated, Equity 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 does not assume any responsibility for any Third-Party Site. Equity does not endorse or make any recommendations or warranties with respect to the third-party linked sites.
Third-Party Terms. Your use of the Third-Party Sites will be governed by their terms and conditions and privacy policies (if any) (“Third-Party Terms”). It is your responsibility to read and comply with Third-Party Terms.
Third-Party Content. Equity may also display content supplied by visitors and other third parties on its Site (“Third-Party Content”). We typically have no editorial control over this Third-Party Content. We do not guarantee the accuracy of any Third-Party Content supplied by visitors or third parties. Equity shall not be liable for any loss or damage incurred by you as a result of your reliance on the Third-Party Content.

8. Intellectual Property Rights

Ownership and Trademarks. As between you and Equity, Equity and its licensors own and reserve all right, title, and interest in and to the Service, including the Site and all content, features, functionality, software, code, graphics, logos, trademarks, service marks, trade dress, design, structure, organization, “look and feel,” compilations, and other materials made available through the Service (collectively, “Content”), and all intellectual property, proprietary, and other rights therein, whether registered or unregistered and wherever recognized. Equity’s name and logo are trademarks and service marks of Equity Trust Company. These Terms do not transfer to you any ownership interest in the Service or Content or grant any license or right to use Equity’s or its licensors’ names, logos, trademarks, service marks, copyrights, or other intellectual property, except as expressly stated in these Terms. You may not use any of our trademarks, service marks, or logos without our prior express written permission, and any unauthorized use may violate federal and state trademark laws. Subject to your compliance with these Terms, Equity permits you to access and use the Service and to display, print, and download reasonable portions of Content solely for your personal, non-commercial use. You may not copy, reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, store, transmit, or otherwise use any part of the Service or Content except as expressly permitted by these Terms or with Equity’s prior written consent. If you breach these Terms, the permission granted in this paragraph terminates immediately, and you must promptly stop using and destroy any copies of the Content in your possession or control, except to the extent retention is required by applicable law. The Service may include confidential information of Equity or its licensors, and you may not disclose that information without Equity’s prior written consent. You agree to comply with applicable law and respect the intellectual property rights of Equity, its licensors, and third parties when using the Service. You may not use Equity’s intellectual property in connection with any product or service that Equity does not own or provide, or in any manner that is likely to cause confusion among consumers or that disparages Equity. You may not upload, post, or otherwise distribute on the Site or through the Service, including the Online Community, anything that is protected by copyright or other proprietary rights unless the owner of those rights has given you express authorization. You agree to comply with all reasonable written requests from Equity that are intended to protect the Content and Equity’s rights in it, and you will not take any action that is inconsistent with Equity’s ownership of the Service or the Content.

9. Online Community

General. Equity, through itself and its affiliates, which include, but are not limited to, Retirement Education Group, Inc. d/b/a Equity University, owns and maintains an online community forum (“Online Community”) for individual investors, which provides access to educational articles, discussion forums, blogs and other educational resources (“Online Community Content”). The purpose of the Online Community is to promote education and the sharing of ideas related to the subject of investing in Self-Directed IRAs.
No Advice. The Online Community is available to you for educational purposes and does not constitute financial, legal, or tax advice. Equity has no responsibility or liability for the decisions made by you based upon your use of the Online Community Content, the completeness, suitability, accuracy or interpretation of the Online Community Content. Your use of the Online Community Content is at your own risk. The content supplied through blogs, posts, third party websites, articles, media, whitepapers, data compilations, audio clips, questions, answers, and discussions is not intended to be specific to you or any other person and does not create a customer relationship between Equity or our affiliates and you. The content is not a recommendation, or an offer of, or solicitation of an offer by Equity or its officers, directors, employees, representatives or affiliates to buy, sell or hold any security, investment or other financial product or an endorsement of any person, investment or specific investment strategy. The use of the information and tools provided will not and does not guarantee any investment return or result.
Feedback. Any contributions (“Contributions”) made by you to the Online Community, regardless of any conditions you may have attempted to place on your Contribution, are subject to the following terms: you acknowledge and agree that: (i) such Contribution will be considered non-confidential and non-proprietary, (ii) we have the right (subject to our Privacy Policies), without limit in time and without payment to you, to use, copy, distribute, adapt, and disclose it via the Service or otherwise to third parties for any purpose, in any way, and in any media worldwide now known or later discovered, including, without limitation, the right to create derivative works, make improvements, perform (including through digital performance), and transmit (including through digital transmissions) such Contributions, and the right to transfer or sublicense such rights, (iii) we may have something similar to the Contributions already under consideration or in development; and (iv) you are not entitled to any compensation or reimbursement of any kind from us in connection with the Contributions under any circumstances. The foregoing shall not apply to information received in connection with any matter that is subject to a separate confidentiality agreement between you and Equity (if applicable). As between you and Equity, Equity owns all Contributions, and you hereby assign to Equity all of your right, title, and interest in and to your Contributions. Equity has the right to monitor, remove, use, reproduce, modify, adapt, publish, translate, and block any Contribution. To the extent any right in a Contribution cannot be assigned, you grant Equity the license described in clause (ii) above.

10. Indemnity

You agree to indemnify, defend, and hold us and our affiliates, and their respective business partners, licensees, licensors, officers, directors, shareholders, employees, agents, representatives, successors, and assigns (the “Indemnified Parties”) harmless from and against any and all claims, demands, losses, damages, liabilities, costs, and expenses (including, without limitation, reasonable attorneys’ fees and costs), arising out of or in connection with: (i) your use of the Service, (ii) your breach or violation of any of these Terms, or (iii) your violation of any law, rule, or regulation or of the rights of any third party, including any infringement of any copyright, trademark, trade secret, patent, or other proprietary right. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations. In such event, you shall provide the Indemnified Parties with such cooperation as is reasonably requested by the Indemnified Parties.

11. Warranty Disclaimer

WE PROVIDE THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE HAVE NO OBLIGATION TO CORRECT ANY BUGS, DEFECTS OR ERRORS IN THE SERVICE OR TO OTHERWISE SUPPORT, DEVELOP OR MAINTAIN THE SERVICE. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs, we accept no liability for them. We also make no promises or guarantees, whether express or implied, that the content included on the Service is accurate, complete, or up to date.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXCLUDE ALL CONDITIONS, WARRANTIES, REPRESENTATIONS AND OTHER TERMS, WHICH MAY APPLY TO THE SERVICE WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES WITH RESPECT TO THE SERVICE AND ALL INFORMATION AND CONTENT INCLUDED ON THE SERVICE.
No information or advice obtained through the Service, or affirmation by us, by words or actions, shall constitute a warranty.
Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimers may not apply to you.

12. 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 AND/OR OUR ONLINE PORTAL; (II) THE INSTALLATION, MANAGEMENT, USE OR THE INABILITY TO USE OUR WEBSITE OR THE ONLINE PORTAL; (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 OR THE ONLINE PORTAL; (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.
WE ARE NOT RESPONSIBLE FOR LATE CHARGES, INTEREST CHARGES OR OTHER PENALTIES RESULTING IF A PAYMENT MADE VIA THE WEBSITE OR THE ONLINE PORTAL ARRIVES LATE, OR IF YOU DO NOT HAVE SUFFICIENT AVAILABLE FUNDS IN YOUR ACCOUNT TO COVER YOUR REQUESTED PAYMENTS, OR IF YOUR FUNDS TRANSFER OR BILL PAYMENT LEAVES INSUFFICIENT FUNDS IN ANY ACCOUNT OR IF YOUR FUNDS TRANSFER DOES NOT COVER, OR ARRIVES TOO LATE TO COVER DEBITS FROM THE ACCOUNT YOU TRANSFER FUNDS TO. WE ARE NOT RESPONSIBLE IF THE INSTRUCTIONS YOU GIVE ARE INCOMPLETE, INCORRECT OR INCONSISTENT WITH THE TERMS OF THIS AGREEMENT OR OTHER EQUITY TRUST AGREEMENTS, SUCH AS THE CUSTODIAL AGREEMENT, OR IF YOU TRANSMIT INQUIRIES OR TRANSACTION REQUESTS USING STANDARD INTERNET EMAIL. YOU WILL BE RESPONSIBLE FOR PAYING ANY APPLICABLE FEES WHERE THERE ARE INSUFFICIENT FUNDS IN YOUR ACCOUNT OR YOU PROVIDE INCORRECT OR INACCURATE INFORMATION.
YOU ARE LIABLE FOR ALL TRANSACTIONS THAT YOU MAKE OR AUTHORIZE, EVEN IF THE PERSON YOU AUTHORIZE EXCEEDS YOUR AUTHORITY OR IS NOT AN AUTHORIZED USER OF YOUR ACCOUNT. IF YOU GIVE YOUR USER ID, PASSWORD(S) OR ACCOUNT NUMBERS(S) TO ANYONE, YOU DO SO AT YOUR OWN RISK, SINCE ANYONE WHO HAS THIS INFORMATION MAY BE ABLE TO GAIN FULL ACCESS TO YOUR ACCOUNT(S). EQUITY TRUST COMPANY HAS NO RESPONSIBILITY FOR ESTABLISHING THE IDENTITY OF ANY PERSON USING YOUR ACCESS NUMBER(S), PASSWORD(S) OR ACCOUNT NUMBER(S). YOU MUST NOTIFY EQUITY TRUST IMMEDIATELY IF YOUR USER ID, PASSWORD(S) OR ACCOUNT NUMBER(S) ARE LOST, STOLEN, OR OTHERWISE COMPROMISED AND SHOULD NOT BE HONORED AND MUST BE DISABLED.
YOU HEREBY RELEASE EQUITY TRUST COMPANY FROM ANY LOSS, COST, DAMAGES, EXPENSE, OR LIABILITY ARISING FROM YOUR USER ID, PASSWORD(S), OR ACCOUNT NUMBER(S) BEING LOST, STOLEN, OR COMPROMISED OR ARISING FROM ANY ACTIONS OR TRANSACTIONS THAT WERE NOT AUTHORIZED BY YOU AS A RESULT OF YOUR USER ID, PASSWORD(S), OR ACCOUNT NUMBER(S) BEING COMPROMISED. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS EQUITY TRUST COMPANY FROM AND AGAINST ANY AND ALL LOSS, LIABILITY, DAMAGE, COST, AND EXPENSE ARISING FROM ANY SUCH CLAIMS OR ACTIONS.
WE WILL HAVE NO LIABILITY WHATSOEVER FOR FAILURE TO COMPLETE A PAYMENT OR TRANSFER YOU INITIATE OR ATTEMPT TO INITIATE THROUGH THE ONLINE PORTAL. FURTHER, WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO YOUR USE OF THE ONLINE PORTAL.

13. Termination

We may terminate these Terms and/or terminate your permission to use the Service immediately, without prior notice or liability, if (i) you commit any breach of these Terms, (ii) we discontinue the Service, or (iii) we are prevented from providing the Service for any reason.
Furthermore, we reserve the right to change, edit, suspend, delete, and/or cancel any part of the Service and/or your access to it at any time with or without notice to you.
On termination of these Terms for any reason: (i) all rights granted to you under these Terms will cease immediately, (ii) you must immediately cease all activities authorized by these Terms (including your use of the Service), and (iii) you acknowledge that we may restrict your access to the Service. Sections 3 and 6–15 will survive any termination or expiration of these Terms. Any other provision that expressly states, or by its nature should survive, shall survive the termination or expiration of these Terms.

14. Governing Law

These Terms and any matter arising out of or relating to these Terms, and any claim, cause of action, controversy, or matter in dispute between you and us, whether sounding in contract, tort, statute, regulation, or otherwise, shall be governed by the laws of the State of Ohio in the United States, without regard to any choice or conflict of laws principles (whether of the State of Ohio or any other jurisdiction). This is the case regardless of whether you reside or transact business with Equity in Ohio or elsewhere. Unless otherwise indicated in the applicable agreement, any other agreement you enter into with Equity will also be governed by the laws of the State of Ohio.

15. Dispute Resolution

Concerns. Most concerns can be resolved quickly by contacting us at the contact details in Section 17 (Contact Information) below. You agree that prior to submitting any dispute or claim to arbitration for resolution, you and we agree to make a good faith effort to resolve it informally, including having at least one telephone or videoconference conversation between you, personally, and us. To initiate this good faith effort to informally resolve a dispute, you agree to notify us in writing by email at [email protected] (subject line: “Notification of Informal Dispute Resolution”) of the nature of the dispute, the basis for your claims and the resolution that you are seeking, including any monetary amount, with as much detail as you can provide so that we can gain a sufficient understanding of the dispute. Within the sixty (60) days following our receipt of this notice, you agree to engage in good faith efforts to resolve the dispute, including personally participating in a telephone call or videoconference with us. You may have a lawyer attend the call with you if you wish. If the dispute is not resolved within that sixty (60) days (which period can be extended by agreement of the parties), you or we may commence an arbitration to resolve the dispute consistent with the process set forth below. Compliance with and completing this informal dispute resolution process is a condition precedent to commencing an arbitration. You and we agree to toll any applicable statute of limitations and filing fee deadlines while the parties engage in this informal dispute resolution process from the date we receive your notice to the date an arbitration is commenced or the conclusion of the 60-day period described above, whichever is sooner. A court of competent jurisdiction shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of a demand for arbitration.
Arbitration Procedures. In the event your concern cannot be resolved informally, you and Equity agree that, except to the extent prohibited by law, all Claims arising from or related to your use of the Site, the Service, these Terms, the Calling and Texting Program and our calls and text messages with you, any additional terms, or arising under any applicable laws or regulations (each a “Claim”), shall be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”) and under the terms set forth in these Terms. In the event of a conflict between the terms set forth in this Section 15 (Dispute Resolution) and the JAMS Rules, the terms in this Section 15 will control and prevail. You may seek any remedies available to you under federal, state, or local laws in an arbitration action. As part of the arbitration, both you and Equity will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given, and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in these Terms, (i) you and Equity may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate, or enter judgment on the award entered by the arbitrator; and (ii) the arbitrator’s decision shall be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.
Opt-out of Agreement to Arbitrate. You can decline to arbitrate your disputes under these Terms by sending to us at the following address within 65 days of first accepting these Terms, a statement signed by you indicating that you wish to opt out of the arbitration provision in these Terms, including on the signed statement, your name, address, email and phone number:

Equity Trust Company
c/o Legal Department
1 Equity Way
Westlake, OH 44145
IN THE CASE OF ARBITRATION AND WHERE PERMITTED BY LAW, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY. YOU ARE ENTITLED TO A FAIR HEARING, BUT THE ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. ARBITRATOR DECISIONS ARE ENFORCEABLE AS ANY COURT ORDER AND ARE SUBJECT TO VERY LIMITED REVIEW BY A COURT.
Location. The arbitration will take place in Cleveland, Ohio unless the parties agree to video, phone, or internet connection appearances. If the arbitration is administered by JAMS, the location shall be determined in accordance with the JAMS Rules unless otherwise agreed by the parties. Should you effectively opt out of arbitration, any court proceedings shall be filed in state or federal courts in Cuyahoga County. Any proceeding permitted under this Section 15 to compel arbitration or to confirm, modify, vacate, or enter judgment on an award shall also be filed in those courts. You and Equity consent to the personal jurisdiction of, and waive any objection to venue in, those courts, and you consent to service of process.
Limitations. You and Equity agree that any arbitration shall be limited to the Claim between Equity and you individually. YOU AND EQUITY AGREE THAT (i) THERE IS NO RIGHT OR AUTHORITY FOR ANY CLAIM TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (ii) THERE IS NO RIGHT OR AUTHORITY FOR ANY CLAIM TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (iii) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.
Arbitration Fees. If you initiate arbitration for a Claim, you will need to pay the JAMS arbitration initiation fee. If we initiate arbitration for a Claim, we will pay the costs charged by JAMS for initiating the arbitration. All other fees and costs of the arbitration will be charged pursuant to the JAMS Rules.
Severability. You and Equity agree that if any portion of this Section 15 (Dispute Resolution) is found illegal or unenforceable, that portion shall be severed and the remainder of Section 15 shall be given full force and effect.
Notification Prior to Initiating Arbitration. As a condition precedent to begin an arbitration proceeding, you must send us an individual letter, by certified mail, return receipt requested, signed by you, requesting arbitration and describing your claim at the contact details in Section 17 (Contact Information) below. This letter must be sent at least ten (10) days before you initiate an arbitration proceeding against us.
Court Authority Regarding Arbitration Agreement and Satisfaction of Conditions Precedent. A court of competent jurisdiction has exclusive authority to determine the existence, scope, and validity of the arbitration agreement and the arbitrability of any claim or counterclaim, including, without limitation, whether any conditions precedent to the commencement of an arbitration have been completely satisfied and any objections with respect to any of the foregoing.

16. Additional Important Terms

Assignment. The rights granted to you under these Terms may not be assigned without Equity’s prior written consent, and any attempted unauthorized assignment by you shall be null and void.
Severability. If any part of these Terms is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the Terms shall be given full force and effect.
Attorneys’ Fees. In the event any litigation or arbitration is brought by either party in connection with these Terms, each party shall be responsible for its own costs, attorneys’ fees, and other expenses incurred in any legal action relating to these Terms.
No Waiver. Our failure to enforce any provision of these Terms shall in no way be construed to be a waiver of such provision, nor in any way affect our right to enforce the same provision at a later time. An express waiver by Equity of any provision, condition, or requirement of these Terms shall not be understood as a waiver of your obligation to comply with the same provision, condition, or requirement at a later time.
Equitable Remedies. You acknowledge and agree that Equity would be irreparably damaged if the terms of these Terms were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to any breach of these Terms, in addition to such other remedies as we may otherwise have available to us under applicable laws.
Force Majeure. Equity is not liable to you for any failure or delay in performing the Service or making the Site or Online Portal available for your use if the failure or delay is due to causes beyond our control, including 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.
Entire Agreement. These Terms, including the documents referenced in these Terms, constitute the entire agreement between you and Equity with respect to the Service and supersede any and all prior agreements between you and Equity relating to the Service.
Transfer. We may transfer our rights and obligations under these Terms to another organization, and we may assign or delegate our rights and responsibilities under these Terms to independent contractors or other third parties, but this will not affect your rights or our obligations under these Terms.
Right to Amend. Equity may make changes to these Terms at any time. We will comply with any notice requirements under applicable law for such changes. Your continued use of the Site, the Online Portal, or the Service after such changes will constitute your acceptance of the changes and your agreement to be bound by the Terms as changed.
Confidentiality. Each party agrees to hold the other’s non-public proprietary information in confidence and to use it solely for the purposes contemplated by these Terms. Equity’s proprietary information includes all business, financial, and technical information, marketing materials, and any other non-public information that Equity identifies as proprietary. Our handling of your personal information is further described in the Privacy Policies.
Notices. Notices to Equity under these Terms must be sent in writing to the contact details in Section 17 (Contact Information), and any notice of a dispute must also comply with Section 15 (Dispute Resolution). We may provide notices to you by email to the email address associated with your Account, by posting a notice on the Site or in the Online Portal, or by any other method permitted by applicable law.

17. Contact Information

If you have any questions or comments relating to the Service or these Terms, please contact us at:

Email: [email protected]

Phone: (855) 233-4382

Or send written correspondence to:

Equity Trust Company

c/o Legal Department

1 Equity Way

Westlake, OH 44145