Terms of Use and Service | Millennium Trust Company

Terms of Use and Service

FOR MILLENNIUM TRUST COMPANY PORTALS, PLATFORMS AND WEBSITES

Our Terms of Use governs the access or use of all Millennium Trust websites and our Terms of Service governs the use of all Millennium Trust online platforms or portals. By using or accessing our website, you are agreeing to our Terms of Use. By accessing our online platforms or portals, you are agreeing to our Terms of Service.

PLEASE READ THE TERMS OF USE AND TERMS OF SERVICE CAREFULLY.

Terms of Use

(Revised December 2021)

The following are the terms of use (“Terms of Use”) for Millennium Trust Company’s website (the “Website”), governing your use of the Website.

Please read all terms and conditions carefully. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ACCEPT THEM IN FULL, AS THEY MAY BE MODIFIED FROM TIME-TO-TIME AND POSTED ON THIS WEBSITE.

  1. Intellectual Property. You acknowledge and agree that: (a) the Content of the Website, including the graphics, icons and overall appearance of the Website, are to the sole and exclusive property of 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 Website 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 Website. Millennium Trust grants you a limited, revocable, nonexclusive license to use this Website solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use.
  2. Copyright Restrictions. Millennium Trust maintains copyright protection in all Content. You may not use, download, upload, copy, print, display, perform, reproduce, publish, or distribute any Content, in whole or in part, without the prior written consent of Millennium Trust. Under no circumstances will you acquire any ownership rights or other interest in any Content by or through your use of this Website.
  3. Use Restrictions. As a condition of your use of this Website, you will not use the Website or the Website information for any purpose that is unlawful or prohibited by these Terms of Use, including in any manner that could damage, disable, overload or impair the operation of this Website or use by third parties.
  4. Links to the Website. You may link to the Millennium Trust home page but are not authorized to link to any other page on the Website 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.
  5. Export and Trade Controls.You agree not to import, export, re-export, or transfer, directly or indirectly, any part of this Website or any Content provided on or pursuant to this Website except in full compliance with all United States, foreign and other applicable laws and regulations.
  6. 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 Website Content (all technical data is "Limited Rights Data") or any software (all of which is "Commercial Computer Software") downloaded from this Website 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.
  7. Severability. If any provision of these Terms of Use is found to be unlawful or unenforceable in any respect, the court shall reform such provision so as to render it enforceable (or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision). As so reformed or modified, the court shall fully enforce these Terms of Use. Failure by either party to enforce any right under these Terms of Use will not waive that right.
  8. Governing Law. This Agreement shall be construed according to, and the rights of the parties shall be governed by, the law of the State of Illinois.

Terms of Service

(Revised December 2021)

The following are the terms of service (“Terms of Service”) for Millennium Trust Company’s Platform, Retirement Services Platform, MTC Investment Platform and any other Millennium Trust Company platforms or portals that are available or may be available in the future (collectively, the “Platforms”), governing your use of the Platforms. Please read all terms and conditions carefully.

You hereby agree that your use of the Platforms and all information available in or through the Platforms is governed by these Terms of Service. If you are entering into these Terms of Service on behalf of an entity, you are binding such entity to these Terms of Service (along with you, each a party to these Terms of Service), you represent that you have the actual authority to bind such an entity to these Terms of Service, and references to “you” mean both your relevant organization, employer or principal, as well as to yourself (except in this preamble, where “you” and “yourself” refers to the person accepting these Terms of Service).

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THE PLATFORMS (AND BY CLICKING SIGN UP, ACCEPT OR AGREE, IF APPLICABLE), YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND ACCEPT THEM IN FULL, AS THEY MAY BE MODIFIED FROM TIME-TO-TIME AND POSTED ON THE PLATFORMS OR OTHERWISE MADE AVAILABLE TO YOU.

Additional Terms and Conditions for Account Owners and MTC Investment Platform Users:

  1. Use of the Platforms. Millennium Trust may grant you online access to your Millennium Trust account through the Platforms. The Platforms can be made available to access your account for viewing purposes only, to allow you to request and execute transactions and services, place trades, and submit documentation, as well as execute certain other account related services online (the “Services”). In order to access the Platforms and Services, you are required to create a user ID and password. When you register for your user ID, you must provide true, accurate, current, and complete information and you agree to update the account information in order to ensure that it remains current. Upon proper registration and opening of a user account, and subject to all of the terms and conditions of these Terms of Service, Millennium Trust hereby grants to you the personal, non-transferable, non-exclusive, limited right to use the Platforms, until such time as either you or Millennium Trust elect to terminate such right in accordance with these Terms of Service. Information in the Platforms may refer to Services that are not available in your country. Consult a Millennium Trust representative for information about the Services that may be available to you through the Platforms.
  2. Passwords. You are responsible for maintaining the confidentiality of your password and for all your activities, and those of any third party, that occur through your account, regardless of whether such activities were authorized by you. Millennium Trust shall not be liable for any cost, loss, damage, or expense arising out of your failure to maintain the confidentiality of your password. You agree to immediately notify Millennium Trust of any suspected or actual unauthorized use of your account.
  3. Security. Millennium Trust will provide administrative, physical, and technical security controls for the Platforms. Those controls shall include encryption, and the use of password-protected logon procedures, such as 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 automatically logging off the user after a predetermined period of inactivity while using the Platforms. However, you acknowledge that the use of the Platforms 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, which may not be secure.
  4. Privacy. By accepting these Terms of Service, you acknowledge and agree that: (i) in order to operate and facilitate the provision of the Platforms and Services, you will be required to provide certain personal information to Millennium Trust; and (ii) your personal information will be transmitted through the Platforms to be processed and stored by Millennium Trust, its agents and others in the United States in accordance with Millennium Trust’s Privacy Policy, located at https://www.mtrustcompany.com/about/privacy, which is hereby incorporated into and made part of these Terms of Service by this reference.
  5. Identity Verification. In order to verify your identity for certain transactions, and to protect you and us from fraud, we may submit your name and phone number to a third-party identity verification service provider, which shares that information with your wireless carrier. The carrier then submits certain information about your account, such as subscriber status, payment method and device details, back to our service provider, which then returns a risk indicator response back to us to support our identity verification and fraud avoidance efforts.
  6. Intellectual Property. You acknowledge and agree that (a) Millennium Trust and/or Millennium Trust’s licensor(s) is the sole and exclusive owner of all right, title, and interest in the Platforms, including all copies, improvements, and derivative works thereof (regardless of form, access or distribution medium in or on which the original and other copies may exist); and (b) the Millennium Trust Company name and Above and Beyond Custody® are trademarks of Millennium Trust, you have no rights or interests in the marks, and all goodwill in the marks will continue to accrue to Millennium Trust. Except as expressly stated herein, these Terms of Service do not grant you any ownership rights to, or interest in, the Platforms, or any intellectual property related thereto.
  7. Failure Events. 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 the Platforms while the interruption of the Platforms due to any Failure Event shall continue. Millennium Trust may discontinue providing access to the Platforms at any time. Use and transmission of data on any computer, system or network may be subject to any or all of the Failure Events described in this Section 7. 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 reasonable control of Millennium Trust. Platform 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 Platforms, data entry errors or any other errors, in each case made or caused directly or indirectly by you or your equipment or data connection.
  8. No Warranties. The information, material, and Services on these Platforms 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 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. THE PLATFORMS AND SERVICES ARE PROVIDED ON AN "AS IS" BASIS. USE OF THESE PLATFORMS AND SERVICES IS AT THE USER'S SOLE RISK. THE PLATFORMS AND SERVICES ARE PROVIDED WITHOUT ANY REPRESENTATIONS, ENDORSEMENTS, OR WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE OR ACCURACY AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, WITH THE SOLE EXCEPTION OF WARRANTIES (IF ANY) WHICH CANNOT BE EXPRESSLY EXCLUDED UNDER APPLICABLE LAW. AS NOTED BELOW, MILLENNIUM TRUST ALSO MAKES NO REPRESENTATIONS, ENDORSEMENTS, OR WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY WEBSITE OPERATED BY A THIRD PARTY.
  9. No Investment Advice. 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 the Platforms 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 the Platforms. 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.
  10. Third-Party Material. 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.
  11. Limitation of Liability. In no event shall 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 the Platform and/or delivered to the user through the Platform. 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) whether under a contract, tort, or any other theory of liability, in connection with any information contained on, or transactions conducted through, the Platforms, or as otherwise directed by you, or in connection with any failure of performance or loss of data, 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 the Platforms 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.
  12. Copyright Restrictions. Millennium Trust maintains copyright protection in all materials, information and publications (collectively, "Content") it places on the Platforms. You may not use, download, upload, copy, print, display, perform, reproduce, publish, or distribute any Content, in whole or in part, without the prior written consent of Millennium Trust. Under no circumstances will you acquire any ownership rights or other interest in any Content by or through your use of these Platforms.
  13. Use Restrictions. As a condition of your use of the Platforms, you will not, directly or indirectly: (i) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas or algorithms of the Platforms or any software, documentation or data related to or provided by Millennium Trust; (ii) modify, translate, or create derivative works based on the Platforms; or copy (except for archival or Millennium Trust authorized purposes), resell, rent, lease, distribute, pledge, assign, or otherwise transfer or encumber rights to the Platforms; (iii) use or access the Platforms to build or support, and/or assist a third-party in building or supporting, products or services competitive to Millennium Trust; (iv) remove any proprietary notices or labels from the Platforms; or (v) act as or operate a service bureau or timesharing service. You will not use the Platforms or the Content for any purpose that is unlawful or prohibited by these Terms of Service, including in any manner that could damage, disable, overload, deny, or impair the operation of these Platforms or use by third parties.
  14. Links to the Website. You may link to the Millennium Trust website but are not authorized to link to any other page on the Platforms 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.
  15. Termination and Suspension. Millennium Trust may immediately suspend your use of the Platforms if you breach Sections 2, 14, or 17. Millennium Trust may immediately terminate these Terms of Service upon written notice in the event of a breach by you or if you have not remedied such breach within thirty (30) days of receipt of written notice of your breach. Notwithstanding the foregoing, any use of the Services or Platforms in breach of Section 14 by you, that in Millennium Trust’s judgment threatens the security, integrity, or availability of the Platforms, may result in Millennium Trust’s immediate suspension of access to the Platforms, however Millennium Trust will use commercially reasonable efforts under the circumstances to provide you with notice and an opportunity to remedy such violation or threat prior to any such suspension.
  16. Export and Trade Controls.You agree not to import, export, re-export, or transfer, directly or indirectly, any part of the Platforms or any Content provided on or pursuant to the Platforms except in full compliance with all United States, foreign and other applicable laws and regulations.
  17. 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 Content (all technical data is "Limited Rights Data") or any software (all of which is "Commercial Computer Software") downloaded from the Platforms 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.
  18. Severability. If any provision of these Terms of Service is found to be unlawful or unenforceable in any respect, the court shall reform such provision so as to render it enforceable (or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision). As so reformed or modified, the court shall fully enforce these Terms of Service. Failure by either party to enforce any right under these Terms of Service will not waive that right.
  19. Amendments to these Terms of Service. We may, from time to time, update or make other changes to these Terms of Service. We will use reasonable endeavors to inform you of those changes, which may include notifying you by email or through the Platforms. Any use of the Platforms after the effective date of any change in terms will constitute your agreement to such change(s). Further, we may, from time to time, revise or update the applications, Services, and/or related material in connection with the Platforms
  20. Confidential Information. Each party (the "Receiving Party") understands that the other party (the "Disclosing Party") has disclosed or may disclose non-public or proprietary information relating to the Disclosing Party's business (hereinafter referred to as "Confidential Information"). The Receiving Party agrees: (i) to take reasonable precautions to protect such Confidential Information; and (ii) not to use or divulge to any third person any such Confidential Information except for the Receiving Party’s contractors or agents who have agreed in writing to terms protecting such Confidential Information. The foregoing shall not apply to Confidential Information after five years following the termination of the Terms of Service. Confidential Information does not include information that (a) is or becomes generally available to the public; (b) was in its possession or known prior to receipt (c) was rightfully disclosed to it by a third-party; (d) was independently developed without use of or reference to any Confidential Information of the Disclosing Party; or (e) is required by law, court order or subpoena. Information regarding negotiations, judicial proceedings, awards, settlement amounts or mediation following the agreement to the Terms of Service shall also be Confidential Information.
  21. Survival.Sections 6, 8, 11, 20, and 21 shall survive termination or expiration of these Terms of Service.
  22. Assignment. Except as set out below, neither party may assign or novate these Terms of Service in whole or in part without the other party’s express written consent. Millennium Trust may assign or novate these Terms of Service in whole or in part to an affiliate, or otherwise as part of a sale or transfer of any part of its business.
  23. Governing Law. These Terms of Service shall be construed according to, and the rights of the parties shall be governed by the law of the State of Illinois.
  24. Electronic Signatures and Authority to Bind. You agree that your electronic signature on, or your electronic agreement to, any agreements, disclosures, and any other documents via the Platforms, including these Terms of Service, has the same effect as if you signed such agreements, disclosures or documents in ink and that such signature or acceptance shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature.  If you are signing or accepting any such agreements, disclosures or documents on behalf of an entity, you are binding such entity to the terms of such agreements, disclosures, or documents and you represent that you have the actual authority to bind such an entity to such agreements, disclosures or documents.
  25. Entire Agreement. These Terms of Service, including any documents incorporated herein by reference, are the complete agreement between the parties with respect to the subject matter of these Terms of Service and supersede all prior or contemporaneous communications, understandings or agreements (whether written or oral).
  26. Online Trades. If you choose to trade online through any system or platform made available to you through the Platforms, 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 and (c) you will notify Millennium Trust immediately if you made an entry error. Quick action on your part may reduce losses. Millennium Trust 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 Trust 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.
  27. Fees. You have reviewed the Fee Schedule for your Millennium Trust account and agree to the fees and charges for any transactions conducted through the Platforms or on your behalf. You shall pay Fees by the dates and as specified in the Fee Schedule. Millennium Trust reserves the right to suspend or terminate the Services, or any portion thereof, for non-payment of Fees. Payment obligations are non-cancelable and, except as expressly stated in these Terms of Service, fees paid are non-refundable. The Fee Schedule is hereby incorporated into and made part of these Terms of Service by this reference.
  28. You have reviewed and agreed to the Custodial Agreement that governs your Millennium Trust account.
  • Terms of Use

    Terms of Use

    (Revised December 2021)

    The following are the terms of use (“Terms of Use”) for Millennium Trust Company’s website (the “Website”), governing your use of the Website.

    Please read all terms and conditions carefully. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ACCEPT THEM IN FULL, AS THEY MAY BE MODIFIED FROM TIME-TO-TIME AND POSTED ON THIS WEBSITE.

    1. Intellectual Property. You acknowledge and agree that: (a) the Content of the Website, including the graphics, icons and overall appearance of the Website, are to the sole and exclusive property of 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 Website 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 Website. Millennium Trust grants you a limited, revocable, nonexclusive license to use this Website solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use.
    2. Copyright Restrictions. Millennium Trust maintains copyright protection in all Content. You may not use, download, upload, copy, print, display, perform, reproduce, publish, or distribute any Content, in whole or in part, without the prior written consent of Millennium Trust. Under no circumstances will you acquire any ownership rights or other interest in any Content by or through your use of this Website.
    3. Use Restrictions. As a condition of your use of this Website, you will not use the Website or the Website information for any purpose that is unlawful or prohibited by these Terms of Use, including in any manner that could damage, disable, overload or impair the operation of this Website or use by third parties.
    4. Links to the Website. You may link to the Millennium Trust home page but are not authorized to link to any other page on the Website 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.
    5. Export and Trade Controls.You agree not to import, export, re-export, or transfer, directly or indirectly, any part of this Website or any Content provided on or pursuant to this Website except in full compliance with all United States, foreign and other applicable laws and regulations.
    6. 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 Website Content (all technical data is "Limited Rights Data") or any software (all of which is "Commercial Computer Software") downloaded from this Website 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.
    7. Severability. If any provision of these Terms of Use is found to be unlawful or unenforceable in any respect, the court shall reform such provision so as to render it enforceable (or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision). As so reformed or modified, the court shall fully enforce these Terms of Use. Failure by either party to enforce any right under these Terms of Use will not waive that right.
    8. Governing Law. This Agreement shall be construed according to, and the rights of the parties shall be governed by, the law of the State of Illinois.
  • Terms of Service

    Terms of Service

    (Revised December 2021)

    The following are the terms of service (“Terms of Service”) for Millennium Trust Company’s Platform, Retirement Services Platform, MTC Investment Platform and any other Millennium Trust Company platforms or portals that are available or may be available in the future (collectively, the “Platforms”), governing your use of the Platforms. Please read all terms and conditions carefully.

    You hereby agree that your use of the Platforms and all information available in or through the Platforms is governed by these Terms of Service. If you are entering into these Terms of Service on behalf of an entity, you are binding such entity to these Terms of Service (along with you, each a party to these Terms of Service), you represent that you have the actual authority to bind such an entity to these Terms of Service, and references to “you” mean both your relevant organization, employer or principal, as well as to yourself (except in this preamble, where “you” and “yourself” refers to the person accepting these Terms of Service).

    PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THE PLATFORMS (AND BY CLICKING SIGN UP, ACCEPT OR AGREE, IF APPLICABLE), YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND ACCEPT THEM IN FULL, AS THEY MAY BE MODIFIED FROM TIME-TO-TIME AND POSTED ON THE PLATFORMS OR OTHERWISE MADE AVAILABLE TO YOU.

    Additional Terms and Conditions for Account Owners and MTC Investment Platform Users:

    1. Use of the Platforms. Millennium Trust may grant you online access to your Millennium Trust account through the Platforms. The Platforms can be made available to access your account for viewing purposes only, to allow you to request and execute transactions and services, place trades, and submit documentation, as well as execute certain other account related services online (the “Services”). In order to access the Platforms and Services, you are required to create a user ID and password. When you register for your user ID, you must provide true, accurate, current, and complete information and you agree to update the account information in order to ensure that it remains current. Upon proper registration and opening of a user account, and subject to all of the terms and conditions of these Terms of Service, Millennium Trust hereby grants to you the personal, non-transferable, non-exclusive, limited right to use the Platforms, until such time as either you or Millennium Trust elect to terminate such right in accordance with these Terms of Service. Information in the Platforms may refer to Services that are not available in your country. Consult a Millennium Trust representative for information about the Services that may be available to you through the Platforms.
    2. Passwords. You are responsible for maintaining the confidentiality of your password and for all your activities, and those of any third party, that occur through your account, regardless of whether such activities were authorized by you. Millennium Trust shall not be liable for any cost, loss, damage, or expense arising out of your failure to maintain the confidentiality of your password. You agree to immediately notify Millennium Trust of any suspected or actual unauthorized use of your account.
    3. Security. Millennium Trust will provide administrative, physical, and technical security controls for the Platforms. Those controls shall include encryption, and the use of password-protected logon procedures, such as 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 automatically logging off the user after a predetermined period of inactivity while using the Platforms. However, you acknowledge that the use of the Platforms 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, which may not be secure.
    4. Privacy. By accepting these Terms of Service, you acknowledge and agree that: (i) in order to operate and facilitate the provision of the Platforms and Services, you will be required to provide certain personal information to Millennium Trust; and (ii) your personal information will be transmitted through the Platforms to be processed and stored by Millennium Trust, its agents and others in the United States in accordance with Millennium Trust’s Privacy Policy, located at https://www.mtrustcompany.com/about/privacy, which is hereby incorporated into and made part of these Terms of Service by this reference.
    5. Identity Verification. In order to verify your identity for certain transactions, and to protect you and us from fraud, we may submit your name and phone number to a third-party identity verification service provider, which shares that information with your wireless carrier. The carrier then submits certain information about your account, such as subscriber status, payment method and device details, back to our service provider, which then returns a risk indicator response back to us to support our identity verification and fraud avoidance efforts.
    6. Intellectual Property. You acknowledge and agree that (a) Millennium Trust and/or Millennium Trust’s licensor(s) is the sole and exclusive owner of all right, title, and interest in the Platforms, including all copies, improvements, and derivative works thereof (regardless of form, access or distribution medium in or on which the original and other copies may exist); and (b) the Millennium Trust Company name and Above and Beyond Custody® are trademarks of Millennium Trust, you have no rights or interests in the marks, and all goodwill in the marks will continue to accrue to Millennium Trust. Except as expressly stated herein, these Terms of Service do not grant you any ownership rights to, or interest in, the Platforms, or any intellectual property related thereto.
    7. Failure Events. 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 the Platforms while the interruption of the Platforms due to any Failure Event shall continue. Millennium Trust may discontinue providing access to the Platforms at any time. Use and transmission of data on any computer, system or network may be subject to any or all of the Failure Events described in this Section 7. 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 reasonable control of Millennium Trust. Platform 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 Platforms, data entry errors or any other errors, in each case made or caused directly or indirectly by you or your equipment or data connection.
    8. No Warranties. The information, material, and Services on these Platforms 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 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. THE PLATFORMS AND SERVICES ARE PROVIDED ON AN "AS IS" BASIS. USE OF THESE PLATFORMS AND SERVICES IS AT THE USER'S SOLE RISK. THE PLATFORMS AND SERVICES ARE PROVIDED WITHOUT ANY REPRESENTATIONS, ENDORSEMENTS, OR WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE OR ACCURACY AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, WITH THE SOLE EXCEPTION OF WARRANTIES (IF ANY) WHICH CANNOT BE EXPRESSLY EXCLUDED UNDER APPLICABLE LAW. AS NOTED BELOW, MILLENNIUM TRUST ALSO MAKES NO REPRESENTATIONS, ENDORSEMENTS, OR WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY WEBSITE OPERATED BY A THIRD PARTY.
    9. No Investment Advice. 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 the Platforms 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 the Platforms. 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.
    10. Third-Party Material. 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.
    11. Limitation of Liability. In no event shall 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 the Platform and/or delivered to the user through the Platform. 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) whether under a contract, tort, or any other theory of liability, in connection with any information contained on, or transactions conducted through, the Platforms, or as otherwise directed by you, or in connection with any failure of performance or loss of data, 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 the Platforms 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.
    12. Copyright Restrictions. Millennium Trust maintains copyright protection in all materials, information and publications (collectively, "Content") it places on the Platforms. You may not use, download, upload, copy, print, display, perform, reproduce, publish, or distribute any Content, in whole or in part, without the prior written consent of Millennium Trust. Under no circumstances will you acquire any ownership rights or other interest in any Content by or through your use of these Platforms.
    13. Use Restrictions. As a condition of your use of the Platforms, you will not, directly or indirectly: (i) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas or algorithms of the Platforms or any software, documentation or data related to or provided by Millennium Trust; (ii) modify, translate, or create derivative works based on the Platforms; or copy (except for archival or Millennium Trust authorized purposes), resell, rent, lease, distribute, pledge, assign, or otherwise transfer or encumber rights to the Platforms; (iii) use or access the Platforms to build or support, and/or assist a third-party in building or supporting, products or services competitive to Millennium Trust; (iv) remove any proprietary notices or labels from the Platforms; or (v) act as or operate a service bureau or timesharing service. You will not use the Platforms or the Content for any purpose that is unlawful or prohibited by these Terms of Service, including in any manner that could damage, disable, overload, deny, or impair the operation of these Platforms or use by third parties.
    14. Links to the Website. You may link to the Millennium Trust website but are not authorized to link to any other page on the Platforms 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.
    15. Termination and Suspension. Millennium Trust may immediately suspend your use of the Platforms if you breach Sections 2, 14, or 17. Millennium Trust may immediately terminate these Terms of Service upon written notice in the event of a breach by you or if you have not remedied such breach within thirty (30) days of receipt of written notice of your breach. Notwithstanding the foregoing, any use of the Services or Platforms in breach of Section 14 by you, that in Millennium Trust’s judgment threatens the security, integrity, or availability of the Platforms, may result in Millennium Trust’s immediate suspension of access to the Platforms, however Millennium Trust will use commercially reasonable efforts under the circumstances to provide you with notice and an opportunity to remedy such violation or threat prior to any such suspension.
    16. Export and Trade Controls.You agree not to import, export, re-export, or transfer, directly or indirectly, any part of the Platforms or any Content provided on or pursuant to the Platforms except in full compliance with all United States, foreign and other applicable laws and regulations.
    17. 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 Content (all technical data is "Limited Rights Data") or any software (all of which is "Commercial Computer Software") downloaded from the Platforms 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.
    18. Severability. If any provision of these Terms of Service is found to be unlawful or unenforceable in any respect, the court shall reform such provision so as to render it enforceable (or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision). As so reformed or modified, the court shall fully enforce these Terms of Service. Failure by either party to enforce any right under these Terms of Service will not waive that right.
    19. Amendments to these Terms of Service. We may, from time to time, update or make other changes to these Terms of Service. We will use reasonable endeavors to inform you of those changes, which may include notifying you by email or through the Platforms. Any use of the Platforms after the effective date of any change in terms will constitute your agreement to such change(s). Further, we may, from time to time, revise or update the applications, Services, and/or related material in connection with the Platforms
    20. Confidential Information. Each party (the "Receiving Party") understands that the other party (the "Disclosing Party") has disclosed or may disclose non-public or proprietary information relating to the Disclosing Party's business (hereinafter referred to as "Confidential Information"). The Receiving Party agrees: (i) to take reasonable precautions to protect such Confidential Information; and (ii) not to use or divulge to any third person any such Confidential Information except for the Receiving Party’s contractors or agents who have agreed in writing to terms protecting such Confidential Information. The foregoing shall not apply to Confidential Information after five years following the termination of the Terms of Service. Confidential Information does not include information that (a) is or becomes generally available to the public; (b) was in its possession or known prior to receipt (c) was rightfully disclosed to it by a third-party; (d) was independently developed without use of or reference to any Confidential Information of the Disclosing Party; or (e) is required by law, court order or subpoena. Information regarding negotiations, judicial proceedings, awards, settlement amounts or mediation following the agreement to the Terms of Service shall also be Confidential Information.
    21. Survival.Sections 6, 8, 11, 20, and 21 shall survive termination or expiration of these Terms of Service.
    22. Assignment. Except as set out below, neither party may assign or novate these Terms of Service in whole or in part without the other party’s express written consent. Millennium Trust may assign or novate these Terms of Service in whole or in part to an affiliate, or otherwise as part of a sale or transfer of any part of its business.
    23. Governing Law. These Terms of Service shall be construed according to, and the rights of the parties shall be governed by the law of the State of Illinois.
    24. Electronic Signatures and Authority to Bind. You agree that your electronic signature on, or your electronic agreement to, any agreements, disclosures, and any other documents via the Platforms, including these Terms of Service, has the same effect as if you signed such agreements, disclosures or documents in ink and that such signature or acceptance shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature.  If you are signing or accepting any such agreements, disclosures or documents on behalf of an entity, you are binding such entity to the terms of such agreements, disclosures, or documents and you represent that you have the actual authority to bind such an entity to such agreements, disclosures or documents.
    25. Entire Agreement. These Terms of Service, including any documents incorporated herein by reference, are the complete agreement between the parties with respect to the subject matter of these Terms of Service and supersede all prior or contemporaneous communications, understandings or agreements (whether written or oral).
    26. Online Trades. If you choose to trade online through any system or platform made available to you through the Platforms, 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 and (c) you will notify Millennium Trust immediately if you made an entry error. Quick action on your part may reduce losses. Millennium Trust 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 Trust 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.
    27. Fees. You have reviewed the Fee Schedule for your Millennium Trust account and agree to the fees and charges for any transactions conducted through the Platforms or on your behalf. You shall pay Fees by the dates and as specified in the Fee Schedule. Millennium Trust reserves the right to suspend or terminate the Services, or any portion thereof, for non-payment of Fees. Payment obligations are non-cancelable and, except as expressly stated in these Terms of Service, fees paid are non-refundable. The Fee Schedule is hereby incorporated into and made part of these Terms of Service by this reference.
    28. You have reviewed and agreed to the Custodial Agreement that governs your Millennium Trust account.