BEACON TRUST COMPANY AND BEACON GLOBAL ASSET MANAGEMENT (collectively, "BEACON TRUST")
TERMS AND CONDITIONS
USE OF INFORMATION AND MATERIALS
Unauthorized use of the Beacon Trust Company Site, including but not limited to unauthorized entry into Beacon Trust Company's systems or the Client Area, misuse of Services or passwords, or malicious posting of any information on the Site is strictly prohibited. Not all products and Services are available in all geographic areas. Your eligibility for particular products and Services is subject to final approval by Beacon Trust Company and/or its affiliates.
REGISTRATION; PASSWORDS AND SECURITY
In order to use certain Services and to access the Client Area, Beacon Trust Company requires that You register. By registering, You agree to: (a) provide true, accurate, current, and complete information about Yourself as prompted by the applicable registration form(s); and (b) maintain and promptly update the information. If You provide any information that is untrue, inaccurate, not current or incomplete, or Beacon Trust Company has any grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Beacon Trust Company has the exclusive right to refuse You any current or future use or access to the Service, Client Area or any portion thereof. During the registration process, You will provide a user name and password. You are solely responsible for maintaining the confidentiality of the user name and password, and You are responsible for all activities that occur under Your user name and password, whether or not authorized by You. Beacon Trust Company will not be liable for any loss or damage arising from Your failure to comply with this section.
USERS MUST LOGOUT
You agree to logout from each session after You have completed use of the Service. Although security measures are in place, logging out ensures the most complete termination of Your session. Beacon Trust Company will not be liable for any loss or damage arising from Your failure to properly logout. BEACON TRUST COMPANY MAY MODIFY OR DISCONTINUE RULES FOR AND LIMITATIONS ON USE OF THE SERVICES TEMPORARILY OR PERMANENTLY, THE SERVICES (OR ANY PART THEREOF) AND MAY REMOVE CONTENT FROM THE SITE OR THE CLIENT AREA, WITH OR WITHOUT NOTICE TO YOU. BEACON TRUST COMPANY WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY MODIFICATION OR DISCONTINUANCE OF THE SERVICE, USE OF THE SERVICE, OR ACCESS TO THE SERVICE. YOU MAY NOT REPRODUCE, DUPLICATE, COPY, SELL, RESELL OR EXPLOIT FOR ANY COMMERCIAL PURPOSES, ANY PORTION OF THE SERVICE, USE OF THE SERVICE OR ACCESS TO THE SERVICE. INFORMATION PROVIDED BY BEACON TRUST COMPANY IS NOT WARRANTED TO BE ACCURATE OR COMPLETE AND WILL NOT CONSTITUTE A WARRANTY OR REPRESENTATION BY BEACON TRUST COMPANY.
NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service or access to the Service.
REGISTERED USER CONTENT
Certain areas of the Site allow registered users to upload and post content, including but not limited to, posting queries (collectively, "User Content"). You understand and expressly agree that Beacon Trust Company and its affiliates assume no responsibility or liability for any User Content and that You are solely and entirely responsible for any User Content You provide on the Site. By uploading and posting User Content on the Site, You warrant that: (a) You are the owner of such User Content or have been granted by the owner all the rights necessary to submit such User Content to Beacon Trust Company; and (b) such User Content will not infringe the intellectual property rights of or otherwise violate the rights of any third party. Beacon Trust Company does not control the User Content You post and as such assumes no responsibility for the accuracy, integrity or quality of such User Content. Beacon Trust Company reserves the right to remove any User Content on the Site at any time and for any reason. Beacon Trust Company is not responsible if the User Content You post contains errors or omissions; is offensive, objectionable, defamatory or otherwise violate any intellectual property right or any other proprietary right of a third party; or for loss or damage of any kind incurred as a result of such User Content.
You agree to comply with all applicable treaties, laws, rules and regulations. You agree to not use the Service or Site to:
upload, post, email or otherwise transmit any User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
harm minors in any way;
impersonate any person or entity, including, but not limited to, a Beacon Trust Company official, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Site or Service;
upload, post, email or otherwise transmit any User Content that You do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
upload, post, email or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
interfere with or disrupt the Site or Service or servers or networks connected to the Site or Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Site or Service;
"stalk" or otherwise harass another;
collect or store personal data about other users; or
attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service.
INFORMATION COLLECTED BY BEACON TRUST COMPANY AND USE OF THE BEACON TRUST COMPANY SITE
For our Model Portfolios, past performance is not indicative of future returns. Future returns may be impacted by material market and economic factors which may in turn impact a client's actual results. Thus, Model Portfolio returns are not necessarily indicative of the returns that an actual managed account would have achieved. Actual returns reflect reinvestment of all earnings less management fees.
BEACON TRUST COMPANY IS A PUBLISHER OF MATERIALS AND INFORMATION FOUND ON THIS SITE.
BEACON TRUST COMPANY IS ALSO AN INVESTMENT ADVISOR.
BEACON TRUST COMPANY INVESTMENT STRATEGIES CONTAIN BEACON TRUST COMPANY'S OPINIONS, AND NONE OF THE INFORMATION CONTAINED ON THIS SITE OR ANY NEWSLETTERS, EMAILS OR ANY OTHER INFORMATION YOU ACCESS OR RECEIVE FROM BEACON TRUST COMPANY ("INFORMATION") CONSTITUTES A RECOMMENDATION THAT ANY PARTICULAR SECURITY, PORTFOLIO OF SECURITIES, TRANSACTION, OR INVESTMENT STRATEGY OR OTHER MATTER ("INVESTMENT") IS SUITABLE FOR YOU OR ANY SPECIFIC PERSON. YOU FURTHER UNDERSTAND THAT BEACON TRUST COMPANY WILL NOT ADVISE YOU PERSONALLY CONCERNING THE NATURE, POTENTIAL, VALUE OR SUITABILITY OF ANY PARTICULAR INVESTMENT REFERRED TO ON THIS SITE, EXCEPT TO THE EXTENT YOU ARE A MANAGED ACCOUNT CLIENT. EXCEPT AS SPECIFIED IN THE PRIOR SENTENCE, TO THE EXTENT ANY OF THE INFORMATION MAY BE DEEMED TO BE INVESTMENT ADVICE, SUCH INFORMATION IS IMPERSONAL AND NOT TAILORED TO YOUR INVESTMENT NEEDS OR THOSE OF ANY SPECIFIC PERSON. WHEN INVESTING YOU SHOULD ONLY USE RISK CAPITAL (I.E, MONEY YOU CAN AFFORD TO LOSE) AND NOT CAPITAL REQUIRED FOR OTHER PURPOSES. BEACON TRUST COMPANY STRATEGIES AND PORTFOLIOS OF STOCKS ARE CHOSEN IN ACCORDANCE WITH BEACON TRUST COMPANY'S STATED INVESTMENT STRATEGY. SUBSCRIBERS' ACTUAL RESULTS MAY DIFFER FROM RESULTS PRINTED FOR THE PORTFOLIO FOR MANY REASONS INCLUDING WITHOUT LIMITATION: (i) PERFORMANCE RESULTS FROM THE MODEL PORTFOLIO DO NOT REFLECT ACTUAL TRADING COMMISSIONS THAT YOU MAY INCUR; (ii) PERFORMANCE RESULTS FOR THE PORTFOLIO DO NOT ACCOUNT FOR THE IMPACT, IF ANY, OF CERTAIN MARKET FACTORS, SUCH AS LACK OF LIQUIDITY, THAT MAY AFFECT YOUR RESULTS; (iii) THE STOCKS CHOSEN FOR THE PORTFOLIO MAY BE VOLATILE, AND ALTHOUGH THE "PURCHASE" OR "SALE" OR A SECURITY IN THE PORTFOLIO WILL NOT BE EFFECTED IN THE PORTFOLIO UNTIL CONFIRMATION THAT THE EMAIL ALERT HAS BEEN SENT TO ALL SUBSCRIBERS, DELIVERY DELAYS AND OTHER FACTORS MAY CAUSE THE PRICE YOU OBTAIN TO DIFFER SUBSTANTIALLY FROM THE PRICE AT THE TIME THE ALERT WAS SENT; AND (iv) THE PRICES OF STOCKS IN THE MODEL PORTFOLIO AT THE POINT IN TIME YOU BEGIN SUBSCRIBING TO BEACON TRUST COMPANY STRATEGIES MAY BE HIGHER THAN SUCH PRICES AT THE TIME SUCH STOCKS WERE CHOSEN FOR INCLUSION IN THE PORTFOLIO. PAST RESULTS ARE NOT INDICATIVE OF FUTURE PERFORMANCE. ALL INVESTMENTS ARE SUBJECT TO LOSS OF PART OR ALL THE AMOUNT INVESTED.
THERE IS SUBSTANTIAL RISK OF LOSS WHEN INVESTING IN PORTFOLIOS OF EQUITY SECURITIES.
INVESTING IN FOREIGN SECURITIES PRESENTS CERTAIN UNIQUE RISKS NOT ASSOCIATED WITH DOMESTIC INVESTMENTS, SUCH AS CURRENCY SITUATION AND POLITICAL AND ECONOMIC CHANGES. THIS MAY RESULT IN GRATER PRICE VOLATILITY.
THE INVESTMENTS MAY NOT BE SUITABLE FOR ALL INVESTORS.
THE INFORMATION, INVESTMENTS AND ALL MATERIALS CONTAINED IN THIS SITE, INCLUDING TEXT, GRAPHICS, INFORMATION, LINKS, SOFTWARE OR OTHER ITEMS ARE PROVIDED "AS IS" AND "AS AVAILABLE". BEACON TRUST COMPANY OR ITS AFFILIATES DOES NOT WARRANT THE ACCURACY, CURRENCY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION, INVESTMENTS AND MATERIALS AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION, INVESTMENTS AND MATERIALS. NO WARRANTY OF ANY KIND, WHETHER IMPLIED, EXPRESSED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH THE INFORMATION, INVESTMENTS AND MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL BEACON TRUST COMPANY OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH THIS SITE, ANY INFORMATION OR INVESTMENTS RECEIVED FROM THE SITE, ANY E-MAIL DISTRIBUTED TO ANY USER OR ANY LINKED WEBSITE OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF BEACON TRUST COMPANY, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.
You will indemnify, defend and hold harmless Beacon Trust Company, and its directors, officers, members, affiliates, employees and agents, fully and effectively (to the fullest extent permitted by law) from and against any and all claims, actions, demands, proceedings, losses, liabilities, damages, costs and expenses (including legal fees, costs and expenses on a full indemnity basis) suffered or incurred by Beacon Trust Company arising out of or relating directly or indirectly to: (i) Your actions that are inconsistent with or in breach of these Terms and the foregoing shall include (but not limited to) any claim of defamation, libel, slander, obscenity, invasion of privacy or any allegation thereof or infringement or alleged infringement of copyright, trademark, moral right, trade secret, database rights or patent or of obligations of confidence or any other claims anywhere in the world brought by third parties or any failure by You to meet any third party obligations; (ii) Your violation of any applicable national or international law, rule or regulation in connection with its use of the Site; and (iii) any third party claims arising out of or in connection with Your use of or inability to use the Site.
Beacon Trust Company, in its sole discretion, may terminate Your use of the Service for any reason without prior notice. You acknowledge and agree that Beacon Trust Company may immediately deactivate or delete Your user account and all related information and files in Your user account and/or bar any further access to the Service, except as limited by law. Beacon Trust Company will not be liable to You or any third-party for any termination of Your access to the Service.
NO CONTRACTUAL OBLIGATIONS
Except as otherwise specifically agreed in writing or as provided in any other terms and conditions applicable to transactions conducted between You and Beacon Trust Company through the Site, nothing on this Site is an offer which can be accepted by You so as to create contractual obligations without further action by Beacon Trust Company.
BEACON TRUST COMPANY'S PROPRIETARY RIGHTS AND LIMITED LICENSES
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws and, as between You and Beacon Trust Company, Beacon Trust Company shall own all rights, title and interest in and to the Service and the Software, subject only to the express licenses granted herein. The content contained in the Information and Investments presented to You through the Service is protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by Beacon Trust Company, You may not modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, Software, Investments, or Information in whole or in part. Subject to the Terms, Beacon Trust Company grants You a personal, non-transferable and non-exclusive right and license to use the Site on a single computer at a time. You may not and may not allow any third party to, copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Site or any part thereof. You agree not to modify the Site in any manner or form, or to use modified versions of the Site, including without limitation for the purpose of obtaining unauthorized access to the Service. You agree to use the Site and any Information only for personal, non-commercial purposes.
The Beacon Trust Company name and the Beacon Trust Company logo and other Beacon Trust Company product and service names are trademarks of Beacon Trust Company (“the BEACON Marks”). Without Trust Company's prior written permission, You agree not to display or use the BEACON Marks in any manner. The use of the name of any "legendary investor" appearing on this Site is solely to identify Beacon Trust Company's interpretation of such investor's investment methodology, as derived from published sources. The use of such names is not intended to suggest or imply any affiliation with or endorsement of, or even any agreement with, the information displayed on this Site by such persons, or any knowledge or approval by such persons of the content on this Site. All trademarks, service marks and trade names appearing on this Site are the property of their respective owners.
COPYRIGHTS AND COPYRIGHT AGENTS
Beacon Trust Company respects the intellectual property of others, and we ask our users to do the same. If You believe that Your work has been copied in a way that constitutes copyright infringement, please provide Beacon Trust Company's Copyright Agent the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that You claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number, and email address;
- a statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by You, made under penalty of perjury, that the above information in Your Notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.
Beacon Trust Company's Copyright Agent for Notice of claims of copyright infringement on the Site is the Chief Compliance Officer who can be reached by email at info@BeaconTrust.com or 973-377-8090
The purpose of this Site is for information distribution on products and Services. Any communications with prospective clients residing in states or international jurisdictions where Beacon Trust Company is not authorized, registered or licensed shall be limited so as not to trigger authorization, registration or licensing requirements. Recognizing the global nature of the Internet, You agree to comply with all applicable local laws and rules regarding online conduct and acceptable User Content. Without limiting the generality of the foregoing, You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which You reside.
This Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation. Technical problems affecting the Service or other situations on this Site can result in the Service being temporarily or permanently suspended. Service may not be available at all times due to regular maintenance, upgrades, technical problems, and other reasons.
Certain sections or pages on this Site may contain separate terms and conditions, which are in addition to these terms and conditions. In the event of a conflict, the additional terms and conditions will govern for those sections or pages.
Use of this Site shall be governed by all applicable Federal laws of the United States of America and the laws of the State of New Jersey, without regard to principles of conflicts of laws. You and Beacon Trust Company agree to submit to personal and exclusive jurisdiction of the courts located within New Jersey. YOU AND BEACON TRUST COMPANY HEREBY WAIVE THE RIGHT TO TRIAL BY JURY IN ANY ACTION ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR THIS SITE. The failure of Beacon Trust Company to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court or arbitrator of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
CONSENT TO ELECTRONIC DELIVERY
By agreeing to electronic delivery, You are giving informed consent to electronic delivery of all Account Communications (defined below), other than those specifically requested be delivered in paper form. "Account Communications" mean all current and future account statements, trade confirmations, tax documents, notices, disclosures, regulatory communications (including prospectuses, proxy solicitations and privacy notices) and other information, documents, data and records regarding Your account and the Service (including amendments to this Agreement) delivered or provided to You by Beacon Trust Company. Revocation of Consent You may revoke or restrict Your consent to electronic delivery of Account Communications anytime, subject to the terms of this Agreement, by notifying Beacon Trust Company in writing or by phone of Your intention to do so. You also have the right to request paper delivery of any Account Communication that the law requires Beacon Trust Company provide to You in paper form. You understand that if You revoke or restrict Your consent to electronic delivery of Account Communications or request paper delivery, Beacon Trust Company, at its discretion, may charge You a reasonable service fee for the delivery of Account Communications that would otherwise be delivered to You electronically, or restrict Your Account. Neither Your revocation or restriction of consent, Your request for paper delivery, nor Beacon Trust Company's delivery of paper copies of Account Communications will affect the legal effectiveness or validity of any electronic communication provided while Your consent was in effect. Beacon Trust Company will notify You by e-mail when Account Communications are posted on the Site if required by law. You will have access through the Site to an archive of all documents You received via electronic delivery for at least the current year. You may obtain copies of earlier documents on my request. All e-mail notifications of Account Communications will be sent to Your e-mail address of record. You acknowledge that the Internet is not a secure network and that communications transmitted over the Internet may be accessed by unauthorized or unintended third parties. E-mail notifications sent by Beacon Trust Company will not contain sensitive or confidential customer information, including account numbers. Due to security risks,
You will not send any sensitive information, such as account numbers or passwords, in an unencrypted e-mail.
E-mails on rare occasions may fail to transmit properly.
E-mails containing any sensitive ingormation should not be used from public spaces such as airports, internet cafes, or other open public spaces that are Wi-Fi enabled.
YOUR ACCESS TO EMAIL
You confirm and agree that You have access to the means necessary to access e-mail and that all Account Communications provided to You in any of the ways described above will be deemed to have been good and effective delivery to You when sent or posted by Beacon Trust Company. You agree to promptly and carefully review all Account Communications as and when delivered and notify Beacon Trust Company by telephone within, unless otherwise provided herein, five (5) days of delivery if You object to the information provided. Beacon Trust Company is entitled to treat such information as accurate and conclusive unless You object in writing within five (5) days of delivery.
DURATION OF CONSENT
This consent will be effective immediately and will remain in effect unless and until either You or Beacon Trust Company revoke it. You understand that it may take up to three (3) days to process a revocation of consent to electronic delivery, and You may receive electronic notifications in the interim. Your Agreement by using this Site, You acknowledge and agree to these Terms and Conditions. If You do not agree to any terms of these Terms and Conditions, please do not use the Site. Beacon Trust Company reserves the right to change, add or remove all or part of these Terms and Conditions at any time by posting the changes on this page. Your continued use of the Site following the posting of changes to these terms means You accept such changes. If You have any comments or questions about these Terms and Conditions, please contact us at either of the following address:
163 Madison Avenue
Morristown, NJ 07960
call us at 973-377-8090
COPYRIGHT © Beacon Trust 2013. ALL RIGHTS RESERVED.
Copyright in the pages and in the screens displaying the pages, and in the information and material therein and in their arrangement, is owned by Beacon Trust Company unless otherwise indicated.
Beacon Trust Company and Beacon Global Asset Management are wholly-owned subsidiaries of the Provident Bank
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