Welcome to U.S. Bank (the "Site"). You should carefully read these Terms of Use. Your access to and use of this Site are governed by these Terms of Use, which is a legally binding contract between you and U.S. Bank. In addition, when using a particular service and/or accessing certain materials on or through this Site, you will be subject to any posted terms, conditions and rules applicable to the service and/or materials, which are incorporated into these Terms of Use and govern any conflict or inconsistency with these Terms of Use. Your customer relationship with U.S. Bank is also governed by U.S. Bank's Privacy Policy contained in this Site, and your Account Application and Custody Agreement, both of which are incorporated into these Terms of Use; provided that these Terms of Use shall govern any conflict or inconsistency with such Privacy Policy and/or Account Application and Custody Agreement.
Amendments to Terms of Use
U.S. Bank reserves the right to change the terms and conditions of these Terms of Use, the Privacy Policy and/or any of its other terms, conditions and rules relating to the Site, at any time in its sole discretion. U.S. Bank shall notify you of such changes by posting the changes on the Site. You are responsible for regularly reviewing the Site and these Terms of Use regarding such changes. Continued use of the Site after any such changes have been posted shall constitute your agreement to them.
Third Party Service Providers
U.S. Bank may use third party service providers to help service your account, including developing and maintaining this Site. You agree that these terms and conditions set forth in the Terms of Use, including all disclaimers of warranties and limitations of liability, inure to the benefit of any third party service providers engaged by U.S. Bank and such third parties are third party beneficiaries of these Terms of Use. All references to U.S. Bank are deemed to include its agents and service providers. All agents and service providers of U.S. Bank will be authorized to use your personal information only for the purpose for which they are hired.
Password and Site Access
You are solely responsible for the security of online access to this Site and your account, and you must take precautions to protect the confidentiality of your password and other login information. You should not share your password or login information with any other person or entity, and should periodically change your password. You are solely responsible for verifying the accuracy of all transactions placed in your account and for ensuring that you receive a confirmation for all transactions placed for your account.
Contact U.S. Bank immediately if you suspect unauthorized use of your password or login information, or any other unauthorized activity on your account. You are and will be responsible for all activities conducted on and with the Site that make use of your password and/or login information, and for any charges or fees incurred by the use of that password and/or login information, including any use you may subsequently contend was not authorized by you. U.S. Bank may justifiably rely that any orders or instructions received through any electronic systems and placed under your account number or password were placed or authorized by you.
Site Materials, Services and Software
Through this Site, U.S. Bank may make available to you: (a) certain audio and visual articles, text, information, data, images, illustrations, photographs, video, documents and other materials contained or displayed in or made available through the Site (collectively, "Materials"); and (b) various services and functionality (collectively, "Services").
U.S. Bank and its licensors grant to you a personal, non-exclusive, non-transferable license to: (a) access, view, download, print, use and display Materials; and (b) use the tools and software on the Site (collectively, "Software"); solely for your own informational, investment, and non-commercial use. In these Terms of Use, all references to the "Site" shall be deemed to include all "Software," "Materials" and "Services," unless otherwise expressly indicated. All rights not expressly granted by U.S. Bank to you are retained by U.S. Bank, and you may not use the Site and/or any element of the Site in any manner or for any purpose not expressly authorized by these Terms of Use. The rights granted to you do not include, and are not applicable to, the design or layout of the Site, which are protected by trade dress and other laws and may not be copied or imitated in whole or in part.
You shall not: (a) remove or destroy any proprietary rights marks or legends on or in the Site; (b) modify, enhance, adapt, translate or create derivative works of the Site; (c) republish, post, transmit, transfer, distribute, assign, sublicense, rent, lease or sell the Site; (d) decompile, disassemble or reverse engineer the Site; (e) reproduce or make copies of the Site; (f) "frame" or "mirror" the Site on any other server or Internet-based device; and/or (g) access, view, download, print, use and/or display the Site for any commercial or other money-making purpose, except for your own investment purposes. You acknowledge that certain elements of the Site are, or may in the future be, licensed to U.S. Bank by third parties and that the availability of such elements may cease automatically, without notice or liability on the part of U.S. Bank.
U.S. Bank and/or its licensors own and shall retain all rights, title and interests, including all intellectual property rights, in and to the Site, and all elements thereof. Except for the express licenses granted to you herein, you neither have nor acquire any rights, title or interests in or to the Site, or any element thereof.
Trademarks
"U.S. Bank" and all other names, marks, symbols and logos used in association with the Site are trademarks of U.S. Bank or other third parties (the "Marks"). U.S. Bank grants you no license, permission or authorization to reproduce or use any Marks, whether owned by U.S. Bank or a third party. You agree not to display, copy, redistribute or use any Marks in any manner for any reason without U.S. Bank's prior express written consent.
Prohibited Activities
You agree to abide by all applicable local, state and federal laws, regulations, statutes, rules and ordinances, in connection with your use of the Site. Without limiting the foregoing, you shall not use the Site to: (a) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (b) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses; (c) transmit or post unlawful, harassing, bigoted, racist, hateful, libelous, abusive, tortious, defamatory, threatening, harmful, invasive of another's privacy, vulgar, obscene or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; (d) transmit or post any material that may infringe the intellectual property rights or other rights of third parties, including trademark, trade secret, copyright or right of publicity; (e) transmit or post any material that contains software viruses or other harmful or deleterious computer code, files or programs such as Trojan horses, worms, time bombs and cancelbots; (f) interfere with or disrupt servers or networks connected to the Site or violate the regulations, policies or procedures of such networks; (g) attempt to gain unauthorized access to the Site or computer systems or networks connected to the Site through password mining or any other means; (h) harass or interfere with another user's use and enjoyment of the Site; or (i) transmit or post, or promote the transmission or posting of, an illegal or unauthorized copy of another person's work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated content or links to pirated content files. In addition, you agree not to use any device, software, or routine, including but not limited to any viruses, worms, time bombs, to interfere or attempt to interfere with the proper working of the Site or any Service, or to intercept any system, data or personal information from the Site, nor will you take any action that imposes an unreasonable or disproportionately large load on the Site infrastructure.
Market and Performance Information
U.S. Bank may make a broad range of financial and market information available to you through the Site, including detailed information about participating money market funds. U.S. Bank may also make various financial calculators, worksheets or other tools available to you. U.S. Bank makes such information and products available to you as a convenience and does not endorse any particular fund, product or service. We receive much of our performance and other information from companies not affiliated with U.S. Bank and we believe all sources of such information to be reliable; however, U.S. Bank does not guarantee or make any warranty regarding the timeliness, sequence, accuracy, suitability or completeness of such information. You are responsible for ensuring that your Web browser preferences, such as cache, are set to receive the most recent version of pages and therefore the most recent data.
The views expressed in market and other commentaries published on this Site do not constitute investment advice or recommendations by the commentator or U.S. Bank. Commentaries are provided for informational purposes only, and are not an offer or recommendation of any security, or a prediction of future performance. U.S. Bank does not participate in the preparation of or otherwise review commentaries prepared by any third party, and is not responsible for such information.
No information or tools provided on this Site is to be construed as legal, tax, investment, financial or other advice. Nothing in this Site should be construed as a solicitation, recommendation, representation of suitability or endorsement of any security. You are solely responsible for making investment decisions for your account, and understand that all investments have risk associated with them.
Money market mutual funds and other short term investments, are not insured or guaranteed by the Federal Deposit Insurance Corporation (FDIC) or any other government agency; are not deposits or obligations of or guaranteed by U.S. Bank; and involve risk including possible loss of principal. Although money market mutual funds seek to preserve the value of your investment at $1.00 per share, it is possible to lose money by investing in these funds. For complete information on a money market mutual fund available on this Site, including charges and expenses, please obtain a prospectus from U.S. Bank or its agents. Please read the prospectus carefully before you invest or send money.
Links
Please exercise discretion while browsing the Internet using the Site. You should be aware that when you are on the Site, you could be directed to other Sites that are beyond U.S. Bank's control. There are links to other Sites from these pages that take you outside of U.S. Bank's Site. This includes links from advertisers, sponsors and content partners that may use U.S. Bank's logo(s) as part of a co-branding agreement. These other Sites may send their own "cookies" to users, collect data and/or solicit personal information. U.S. Bank reserves the right to disable links from third party sites to this Site at any time in its sole discretion.
U.S. Bank is not affiliated with, nor does U.S. Bank endorse or sponsor, any Sites on the Internet that are linked through or to the Site. U.S. Bank provides any such links to you only as a matter of convenience, and in no event shall U.S. Bank be responsible or liable for any information, content, products, services or other materials on or available from or through such sites. U.S. Bank explicitly disclaims any responsibility for the accuracy, content or availability of information found on sites that link to or from the Site. U.S. Bank has not taken any steps to confirm the accuracy or reliability of any of the information contained in such third party sites or content. U.S. Bank does not make any representations or warranties as to the security of any information (including, without limitation, non-public financial information) you might be requested to give any third party, and you hereby irrevocably waive any claim against U.S. Bank with respect to such sites and third party content. U.S. Bank strongly encourages you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
Personalization of the Site
U.S. Bank may offer you the opportunity to personalize your online experience. While this feature may provide a more convenient way to access the data and features most relevant to you, you should be aware that "cookies" and other similar identification methods may be used to associate you with the computer or device that you are using. If you access this Site from a public location or if you otherwise share a computer or electronic device, some personalization features may reveal non-public information about you to others. You can find out more about the use of "cookies" in the "COOKIES" section of the Privacy Policy.
Disclaimer of Warranties
THIS SITE, INCLUDING ALL MATERIALS, SERVICES, SOFTWARE, INFORMATION AND OTHER CONTENT AVAILABLE ON AND/OR THROUGH THIS SITE, IS PROVIDED BY U.S. Bank "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CONTINUED AVAILABILITY, QUALITY, ACCURACY AND/OR SYSTEM COMPATIBILITY. IN ADDITION, NO WARRANTIES SHALL ARISE FROM ANY COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE.
BY USING THIS SITE, YOU ASSUME ALL OF THE RISKS ASSOCIATED WITH SUCH USE, AND YOU EXPRESSLY RELEASE U.S. Bank, AND ITS THIRD PARTY INFORMATION AND SERVICE PROVIDERS, FROM ANY AND ALL LIABILITY, CLAIMS AND/OR LOSSES ARISING FROM OR CONNECTED WITH SUCH RISKS.
YOU ACKNOWLEDGE THAT: THE SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS; THE SITE MAY BECOME INOPERABLE OR OTHERWISE UNAVAILABLE FOR PERIODS OF TIME; MATERIALS AND/OR SERVICES AT THE SITE MAY BE OR BECOME OUT OF DATE AND U.S. Bank MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES. U.S. Bank ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION, DOCUMENTS, SOFTWARE, MATERIALS AND/OR SERVICES WHICH ARE REFERENCED BY OR LINKED TO THIS SITE. REFERENCES TO THIRD PARTIES, THEIR SERVICES AND PRODUCTS, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.
Limitation of Liability
REGARDLESS OF THE FORM OF ACTION OR THEORY OF RECOVERY, IN NO EVENT SHALL U.S. Bank, ITS LICENSORS AND/OR ITS SERVICE PROVIDERS BE LIABLE OR RESPONSIBLE TO YOU IN ASSOCIATION WITH THE SITE, OR YOUR USE THEREOF, FOR ANY: (A) INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, EVEN IF THEY ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES; AND/OR (B) LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOST EXPECTANCY AND/OR BUSINESS INTERRUPTIONS. ANY CLAIM RELATED TO THE SITE MUST BE INITIATED WITHIN ONE (1) YEAR OF THE DATE YOU KNEW, OR REASONABLY SHOULD HAVE KNOWN, OF THE EXISTENCE OF SUCH CLAIM. THE LIMITATIONS SET FORTH ABOVE DO NOT APPLY TO LIABILITY U.S. Bank MAY HAVE UNDER APPLICABLE SECURITIES LAWS AND/OR IN CONNECTION WITH U.S. Bank'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
U.S. Bank SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DELAY OR FAILURE IN THE SITE, OR ANY COMPONENT THEREOF, OR YOUR ABILITY TO ACCESS OR USE THE SITE, RESULTING FROM CAUSES OUTSIDE OF U.S. Bank'S CONTROL, INCLUDING, WITHOUT LIMITATION, POWER OUTAGES, ACCIDENTS, STRIKES, FIRES AND/OR WAR OR ACTS OF GOD.
Termination
U.S. Bank may terminate your access to and/or use of this Site at any time without prior notification. Additionally, U.S. Bank may modify this Site at any time, and continuing to use the Site constitutes your agreement to such modifications. If you do not understand, accept and agree to be bound by all of the terms and conditions of these Terms of Use, and any amendments or modifications thereto, you should discontinue your use of this Site.
Subject to the terms of these Terms of Use, all provisions of these Terms of Use relating to ownership, limitations of liability, indemnification and other provisions which by their nature survive termination of these Terms of Use shall survive termination of these Terms of Use.
Applicable Law; Severability and Waiver
In order to ensure consistency in the interpretation and enforcement of these Terms of Use and U.S. Bank's rights in the Site, these Terms of Use will be governed exclusively by Illinois law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction.
YOU AND U.S. Bank ACKNOWLEDGE THAT THE RIGHT TO TRIAL BY JURY IS A U.S. CONSTITUTIONAL RIGHT, BUT ONE THAT MAY BE WAIVED. AFTER CONSULTING (OR HAVING HAD THE OPPORTUNITY TO CONSULT) WITH COUNSEL OF THEIR CHOICE, KNOWINGLY AND VOLUNTARILY, AND FOR THEIR MUTUAL BENEFIT, YOU AND U.S. Bank WAIVE ANY RIGHT TO TRIAL BY JURY IN THE EVENT OF LITIGATION REGARDING THE PERFORMANCE OR ENFORCEMENT OF, OR IN ANY WAY RELATED TO, THIS AGREEMENT.
If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be modified to the extent necessary to be valid and enforceable, and all other provisions of these Terms of Use shall remain in full force and effect.
The failure of U.S. Bank to enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by U.S. Bank in writing. No waiver shall be implied from a failure of either party to exercise a right or remedy. In addition, no waiver of a party's right or remedy will effect the other provisions of these Terms of Use.
Export
This Site is controlled and operated from locations in the U.S. and is intended for the sole use of current and prospective institutional clients and consultants of U.S. Bank, including corporations, banks and insurance companies.