Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO OUR WEBSITE AND MARKETING TEXT MESSAGES. THEY GOVERN YOUR ACCESS AND USE OF THIS WEBSITE AND ITS CONTENT AND MARKETING TEXT MESSAGES. BY ACCESSING THIS WEBSITE AND/OR CONSENTING TO TEXT MESSAGES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ACCEPT THEM IN FULL, AS THEY MAY BE MODIFIED BY EQUITY TRUST COMPANY.
Welcome to our Website and our Online Account Management Portal (“Online Portal”) for clients. Your use of this Website and its services through the Online Portal are subject to the terms and conditions set forth herein. By accessing this Website and/or using the Online Portal, you are agreeing to these Website Terms and Conditions (the “Agreement”). If you are a registered user of the Online Portal, you are subject to this Agreement each time that you log onto the portal. If you are visiting our Website and are not the Online Portal user, you agree to the terms and conditions herein as they apply to you. If you do not agree with the terms of this Agreement, please discontinue your use and disconnect from this Website.
The terms “we”, “us” “our” “ETC” and “Equity” refer to Equity Trust Company. “You” refers to each person or entity using any part of this Website, any persons or entity obtaining a password for access to the Online Portal, and any other persons or entity authorized by you to use your log-in information for the Online Portal.
If you are a client and are using this Website and/or the Online Portal, you continue to be bound by and will comply with the requirements of all agreements, including the Custodial Account Agreement and Privacy Notice you received when you first became a client and thereafter annually. You also agree to comply with all applicable local, state and federal laws, rules and regulations.
YOUR DUTIES WHEN USING THIS WEBSITE
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 of, but simply serves as an educational tool.
Online Account Management Portal – the Online Portal
This Agreement applies to the use of the Online Portal, which enables existing clients to access account information and effect certain transactions online. Access to client’s account information via the internet is provided as a convenience. Existing clients may access various services through the password-protected portion of the Online Portal. Clients will be identified by a user identification (User ID) and password. Clients can access account information and, in particular circumstances, provide investment direction. Clients must register to gain access to the Online Portal.
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 the online account information, you are solely responsible for notifying Equity Trust Company of the error or omission. If notified immediately of the error or omission, Equity Trust Company will take commercially reasonable steps to assist you with correcting the account information or transaction. Consistent with your Custodial Agreement, you bear full responsibility to monitor and verify your account information.
Provided that you are a current client and are in compliance with this Agreement, you may access the Online Portal seven days a week, 24 hours a day. However, at certain times, some or all of the Online Portal may not be available due to systems maintenance or repairs. We will attempt to notify you prior to scheduled maintenance. You are at all times responsible for ensuring that your bills are paid by their respective due dates. Thus, if the Online Portal is unavailable, please use other means to ensure that your bills are paid.
User Identification And Passwords
You are responsible for keeping your Equity Trust Company User ID, password, PIN number(s) and account information confidential. 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 claims to represent Equity Trust Company. Our employees do not need and should not ask for your password. You agree to not leave your computer unattended during an active session of the Online Portal.
You will be responsible for all use of the Online Portal under your user ID, password(s) and account number(s), and any use of the Online Portal shall be deemed to be made at the time consummated by you via the Online Portal and in the form then received by Equity Trust Company.
You agree to immediately notify Equity Trust Company if you become aware of:
- Any loss or theft of your user ID, PIN number(s), password(s) and/or account number(s); or
- Any unauthorized use of any of your user ID, PIN number(s), password(s) and/or account number(s);
- Any failure by you to receive a message that a transaction initiated by you through the Online Portal has been received and/or executed;
- Any failure by you to receive accurate written confirmation of a transaction or its execution within five (5) business days after entering the transactions through the Online Portal;
- Any receipt of confirmation of a transaction that you did not place, or any similarly inaccurate or conflicting report or information.
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 Equity Trust Company account(s). It is your responsibility to protect personal and account information with the same level of care that you protect your account information.
You agree not to hold Equity Trust Company liable for any damages of any kind resulting from your decision to disclose your personal information to any third party, such as to an investment advisor, third party, or agent. You assume all responsibilities for, and all risks of loss from you providing personal information about your account to any other party.
If you inform Equity Trust or if Equity Trust Company has reason to believe that the security of your account password may be or has been compromised, we have the right to terminate your use of the Online Portal.
You are liable for all transactions that you make or authorize, even if the person you authorize exceeds your authority. You acknowledge and agree that Equity Trust Company 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. You agree to notify Equity Trust Company immediately of any unauthorized transactions in your account.
RESPONSIBILITIES OF EQUITY TRUST COMPANY
Equity Trust Company grants the right to access and use the Website to research, as well as granting clients who have gained access to the Online Portal the ability to perform certain electronic transactions and to obtain account balance information. 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 and the Online Portal.
Equity Trust Company, through its affiliate, 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.
The Online Community is available to you for educational purposes and does not constitute financial, legal, or tax advice. Equity Trust Company and its affiliate have no responsibility or liable 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 Trust Company or our affiliates and you. The content is not a recommendation, or an offer of, or solicitation of an offer by Equity Trust Company 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.
Any contributions made by you to the Online Community shall be owned by Equity Trust Company, who shall have the right to monitor, remove, use, reproduce, modify, adapt, publish, translate, and block the content you provide.
Recurring Marketing Text Message Program Terms & Conditions
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 the State and U.S. District Courts located in Cleveland, Ohio and the Parties hereby submit to the personal jurisdiction of such courts and waive any venue objection.
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 effected. 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.
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.
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.
We may assign this Agreement without your consent or approval. We may also assign or delegate its 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 that 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 and the Online Portal will constitute your acceptance of such changes and agreement to be bound.
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 and use of the Online Portal.
We reserve the right to terminate your access to the Online Portal or any portion thereof in its sole discretion, without notice, in the event you breach this Agreement, such as not keeping your secure information confidential.
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 the State of Ohio. This is the case regardless of whether you reside or transact business with Equity Trust in Ohio 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 United States Federal District courts or the Court of Common Pleas located in Lorain County, Ohio. You hereby consent to service of process.
Notices under this Agreement shall be sent to Equity Trust Company via email at: [email protected]
All information, content and material (“Content”) made through this Website by Equity Trust Company through this Website is copyrighted and owned by or licensed to Equity Trust Company, who retains all rights in this Content. Equity Trust Company grants you the 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 the prior written consent of us.
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 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 The Online Portal 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 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 MAY NO WARRANT, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANT OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT YOUR USE OF THE ONLINE PORTAL.
You acknowledge that any reliance on your use of this Website and use of the Online Portal is at your sole risk.
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 and/or the Online Portal, including any third party’s rights, such as your infringement of any copywriting, 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.
Unavailability of Electronic Services
Access to the Online Portal may be limited or unavailable during periods of peak demand, market volatility, system upgrades or other reasons. If the Online Portal is unavailable or delayed at any time, you agree to use alternative means to obtain account information or initiate a transaction, such as calling Equity Trust Company. We will not be liable to you if you are unable to access your account or complete a transaction through the Online Portal.