FOR MILLENNIUM TRUST COMPANY PORTALS, PLATFORMS AND WEBSITES
General Terms and Conditions for all Users, including Account Owners (Account Owners, please see “Additional Terms and Conditions for Account Owners” below):
- Neither Millennium Trust Company, LLC nor any of its affiliates or suppliers or its or their officers, directors, employees, agents, representatives or subcontractors shall be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to the following (collectively, “Failure Events”): electronic or mechanical equipment failures; denial of service attacks; data processing failures; telecommunications or Internet malfunction; utility malfunction or failure; systems or service unavailability or failure; hardware or software malfunction or failure; encryption failure; interception by third parties; unauthorized access, theft or modification; or major unforeseen events, including but not limited to earthquakes, fires, floods, civil unrest or riots, war, or acts or threatened acts of terrorism or other like causes beyond the reasonable control of Millennium Trust. Millennium Trust shall have no responsibility to provide access to this Site while the interruption of this Site due to any Failure Event shall continue. Millennium Trust may discontinue providing access to this Site at any time.
- The information and material on this Site are being provided for informational purposes only, and are not intended as an offer, solicitation or recommendation for the purchase or sale of any security or other financial instrument or to adopt a particular investment strategy. Information has been obtained from sources believed to be reliable, but Millennium Trust Company, LLC and its affiliates and/or subsidiaries, as well as their directors, officers, shareholders, employees or agents (collectively “Millennium Persons”), do not warrant or guarantee its completeness, adequacy, timeliness or accuracy, except with respect to any disclosures relative to Millennium Trust. Millennium Trust does not perform an audit, and undertakes no duty of due diligence or independent verification of any information it receives. The information contained herein is as of the date referenced, and Millennium Trust does not undertake any obligation to update such information in any form or format.
- All charts and graphs are shown for illustrative purposes only. Investors must make their own decisions regarding any securities or financial instruments mentioned herein, and must not rely upon the information or material on this Site in evaluating the merits of investing in any instruments or pursuing investment strategies described herein.
- Millennium Trust acts only as a directed custodian and is not an investment adviser or broker-dealer. You are responsible for consulting your own investment adviser, financial adviser, tax professional, legal professional or other relevant professionals in connection with any transactions you enter into on this Site.
- Securities, financial instruments and investment strategies may not be suitable for all investors. Past performance is not indicative of future returns and there is no guarantee of the future performance of any investment. The value or income associated with any investment may fluctuate, and investors could lose their entire investment. Asset allocation and diversification do not assure or guarantee better performance, and cannot eliminate the risk of investment losses.
- Millennium Trust is not a third party intermediary named in any fund prospectus and it is your responsibility, and not Millennium Trust’s, to obtain and read any applicable prospectus, private placement memorandum, offering circular or similar document prior to directing Millennium Trust to make any investment on behalf of your Account. It is your responsibility, and not Millennium Trust’s, to comply with all provisions of any applicable prospectus, private placement memorandum, offering circular or similar document.
- In no event shall Millennium Trust or Millennium Persons be liable for any use by any party of, for any decision made or action taken by any party in reliance upon, or for any inaccuracies or errors in, or omissions from, the information and material contained on this Site and/or delivered to the user through this Site. TO THE FULLEST EXTENT PERMITTED BY LAW, MILLENNIUM TRUST DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. In no event, shall Millennium Trust be liable to any party for any direct, indirect, incidental, exemplary, compensatory, punitive, special or consequential damages, costs, expenses, legal fees, or losses (including without limitation, lost income or lost profits and opportunity costs) in connection with any information contained on, or transactions conducted through, this Site or as otherwise directed by you, even if advised of the possibility of such damages. Millennium Trust makes no representations as to the legal, tax, credit, or accounting treatment of any potential or actual transactions conducted through this Site or as otherwise directed by you, or any other effects such transactions may have on investors. You should review any planned financial transactions that may have tax or legal implications with a tax or legal advisor.
- You acknowledge and agree that: (a) the Site is proprietary to Millennium Trust and/or Millennium Trust’s licensor(s); (b) the Millennium Trust Company name is a trademark of Millennium Trust, you have no rights or interests in the mark, and all goodwill in the mark will continue to accrue to Millennium Trust; (c) Millennium Trust may make changes to the Site at any time; (d) you are solely responsible for obtaining, installing and maintaining all hardware, software, telecommunications lines and Internet access that may be required to access the Site. The Site is hosted by a third party who is not controlled by Millennium Trust. Millennium Trust shall have no liability for the acts or omissions of such third party, or agents or vendors of Millennium Trust which affect the operations of the Site. Millennium has no responsibility for the operation of your computer or your inability to access the Site.
- While Millennium Trust maintains copyright protection in all materials, information and publications (collectively, "Site information") it places on this Site, Millennium Trust consents to “fair use” downloading, copying and distribution of the information for non-commercial purposes by you. In consideration of this consent, you agree that copies of the Site information will retain all copyright and other proprietary notices and that you will not modify the Site information in any way. Except where your use constitutes "fair use" under copyright law, you may not otherwise use, download, upload, copy, print, display, perform, reproduce, publish, or distribute any Site information, in whole or in part, without the prior written consent of Millennium Trust.
- You may link to the Millennium Trust home page, but are not authorized to link to any other page on the Site without the prior express written consent of Millennium Trust provided that Millennium Trust reserves the right to withdraw this consent at any time in its discretion. You may not use any of Millennium Trust's proprietary logos, marks, or other distinctive graphics, video, or audio material in your links without our consent. You may not link in any manner reasonably likely to 1) imply affiliation with or endorsement or sponsorship by Millennium Trust; 2) cause confusion, mistake, or deception; 3) dilute Millennium Trust's trademarks, service marks or trade names; or 4) otherwise violate applicable law.
- Site information may refer to products, programs or services that are not available in your country. Consult a Millennium Trust representative for information about the products, programs and services that may be available to you.
- Export and Trade Controls. You agree not to import, export, re-export, or transfer, directly or indirectly, any part of this Site or any Site information provided on or pursuant to this Site except in full compliance with all United States, foreign and other applicable laws and regulations.
- Restricted Rights Legend. U.S. GOVERNMENT RESTRICTED RIGHTS. UNPUBLISHED -- RIGHTS RESERVED UNDER THE COPYRIGHT LAWS OF THE UNITED STATES. Use, duplication, or disclosure by the U.S. Government of any Site information (all technical data is "Limited Rights Data") or any software (all of which is "Commercial Computer Software") downloaded from this Site is subject to restrictions set forth in FAR Section 52.227-14 Alt. III (g)(3), FAR Section 52. 227-19, DFARS 252.227-7014 (b) or DFARS 227.7202, as amended from time to time. Millennium Trust is located at 2001 Spring Road, Suite 700, Oak Brook, IL 60523. Any contract notices should be sent to this address.
Additional Terms and Conditions for Account Owners:
- You understand and agree to the terms and conditions of paragraphs 5 through 10 under “General Terms and Conditions for all Users, Including Account Owners” above.
- Millennium Trust may grant you online access to your Millennium Trust account through the Site. The Site can be made available to access your account for viewing purposes only or to allow you to place trades as well as execute certain other account related services online. Millennium Trust does not guarantee the performance or privacy of the online system or the Internet. Millennium Trust may discontinue your access to the Site at any time, for any reason, with no liability whatsoever for such discontinuation.
- You shall have a password and user ID which will allow you access to your account online. To access information on the Site, you must type in your User ID and your password which you agree to safeguard. Millennium Trust shall not be responsible for any breach of security caused by your failure to maintain the confidentiality of your user ID and password. It shall be your responsibility to keep the password private. You shall be responsible for all actions taken by any person using your password or user ID whether or not such use was authorized by you.
- Millennium Trust will provide a commercially reasonable level of security and encryption for the Site that shall include the use of password-protected logon procedures and software controls that will automatically disable the user account if an incorrect password or personal identification number is entered a predetermined number of times and will automatically log off the user after a predetermined period of inactivity while using the Site. However, you acknowledge that the use of the Site involves transmission of proprietary and confidential information over equipment, facilities and components of the Internet, including one or more intermediary data networks, public switched telephone networks and computers that are not owned, operated or controlled by Millennium Trust and may be non-secure. Use and transmission of data on any computer, system or network may be subject to any or all of the Failure Events described in paragraph 3 under “General Terms and Conditions for all Users, Including Account Owners” above. You agree that Millennium Trust shall not be liable for any damages arising from any Failure Event or any other event or occurrence beyond the direct control of Millennium Trust. Site access also may be unavailable at times which may include but not limited to (a) systems maintenance or upgrades; or (b) unforeseen maintenance as necessary. Millennium Trust is in no way and under no circumstances liable for any loss or liability associated with: inability to access the Site, data entry errors or any other errors, in each case made or caused directly or indirectly by you or your equipment or data connection.
If you choose to trade online through any system or platform made available to you through the Site, you acknowledge and agree that such trading is at your sole risk and that of the account being traded. You are solely responsible for any loss incurred as a result of a trade entry error. You agree that (a) you will review your entry before submitting the trade, (b) the trade once submitted is not subject to cancellation (c) you will notify Millennium Trust immediately if you made an entry error. Quick action on your part may reduce losses. Millennium is not liable for any error made by the broker executing the trade. You agree not to enter any trade that will overdraft your account and agree that Millennium is not required to execute any such trade. Deadlines for entering trades must be honored and will be enforced. To ensure current day execution, all trades must be entered by 2:45 p.m. CT. Online trading is a privilege and your ability to trade online may be canceled at any time for any reason by Millennium Trust upon notice to you. Execution price, speed and liquidity are affected by many factors, including market volatility, size and type of order and available market centers. Price can change quickly in fast market conditions, resulting in an execution price different from the quote displayed at order entry. We cannot guarantee prices on market orders. In addition, there is the risk that outages involving your access to the Internet or our own systems may interfere with your ability to access your online account. If you have any questions about the use of online trading or if you experience difficulties, please contact us at 800-258-7878.
You have reviewed the Fee Schedule for your Millennium Trust account and agree to the fees and charges for any transactions conducted through this Site or on your behalf.
You have reviewed and agreed to the Custodial Agreement that governs your Millennium Trust account.