PLEASE READ THESE TERMS OF AGREEMENT CAREFULLY.
ACCESSING YOUR ACCOUNTS ONLINE THROUGH AMG NATIONAL TRUST BANK INDICATES THAT YOU ACCEPT THIS LEGAL AGREEMENT.
UNLESS YOU ACCEPT THIS AGREEMENT, YOU MAY NOT ACCESS YOUR ACCOUNT INFORMATION OR PERFORMANCE ONLINE.
YOU SHOULD CHECK AMG NATIONAL TRUST BANK'S WEB SITE PERIODICALLY FOR CHANGES TO THIS ONLINE ACCESS AGREEMENT.
By accessing your account or performance information using AMG National Trust Bank's Web site (“Site”), you (also referred to as “User”) acknowledge that you have read, understand and agree to be bound by the terms and conditions of this Agreement, as may be changed from time to time by AMG National Trust Bank (also referred to as “we,“ ”us“ or ”our“). User understands that AMG National Trust Bank is relying on User's agreement in providing User access to and use of the Site.
User agrees to use the Site and any web-based, e-mail or other electronic system made available now or in the future by AMG National Trust Bank only in accordance with the instructions, terms and conditions that AMG National Trust Bank or its vendors set forth from time to time, and in accordance with any other written agreement that exists between User and AMG National Trust Bank or its vendors. User understands that AMG National Trust Bank may change these terms or terminate User's use of the Site at any time in whole or in part, without cause. Using this Site following the posting of changes to these terms indicates that you accept the terms as changed.
As always, you may choose to accept or decline changes by continuing or discontinuing use of the Site.
AMG National Trust Bank will never contact you by phone or e-mail to ask for your online access password. For your own protection, do not give your password to anyone or to any organization.
When you request to review your accounts online, we may request information, such as your email address or your account number, via an online form. This information allows you to perform certain tasks (for example, correspond with us or review your accounts) and allows us to provide the information you requested. In these cases, we collect only the information necessary to interact with you. If you do not interact with us as you browse our Web site anonymously, any personal information, such as your email address, is not collected. We gather data that is not personally identifiable to you to track Web site usage, such as number of hits, pages visited, and the length of user sessions in order to evaluate the usefulness of our Site.
Protecting Children's Privacy
From our Site, we do not knowingly collect or use personal information from children under 13. Should a child whom we know to be under 13 send personal information to us, we will only use that information to respond directly to that child, seek parental consent, or provide parental notice.
Please contact us if you have any questions or concerns. We value your business and are committed to protecting your privacy. We will continue to work to be your most trusted adviser.
User Name and Password
Each User is given a user name and a password that will give the User access to User's account information. These are private keys to accessing account information in the Site. User agrees to keep User's sign-on name, passwords, authentication and other security codes used in connection with the Site strictly confidential and to take all steps necessary to protect the information on the Site from unauthorized use and disclosure. User agrees to notify AMG National Trust Bank immediately if User becomes aware of any loss, theft or unauthorized use of User's sign-on name, password, or other security information related to this Site.
User can change this password on the Site or by calling us. We recommend that you change your password upon first use and regularly thereafter. For security purposes, we recommend that you memorize the password and do not write it down. You are responsible for keeping your password and account information confidential. Make sure you sign off when you leave your computer. If you believe that your password may have been lost or stolen, notify us at 1-800-999-2190 anytime, 24 hours a day, 7 days a week, or write to AMG National Trust Bank, 6501 E. Belleview Avenue, Suite 400, Englewood, CO 80111.
User acknowledges that AMG National Trust Bank has no duty to inquire as to the authority or propriety of any instructions or information given to AMG National Trust Bank by User or through the use of User's sign-on name and password and that AMG National Trust Bank may act upon any such instructions or information without any liability.
AMG National Trust Bank employs sophisticated encryption technology and advanced security protocols on its Site to ensure that your account information is protected. To access the secure area of our Site, your browser must allow 128-bit encryption (also called domestic-grade, U.S.-grade, high, or strong encryption) and Secure Socket Layer (SSL) protocol. This secure session helps protect the safety and confidentiality of your information when you receive or transmit information online. If User sends an e-mail to AMG National Trust Bank from within the Site, it is secured with the same technology used in User's e-mail system, not the Site's 128-bit encryption.
Links to Other Web Sites
We are not responsible for other Web sites you may link to from our Site. We cannot provide assurances on their information collection practices, privacy policies or security. We urge you to review the privacy policies and security of each of the linked Web sites you visit before you provide them with any personally identifiable information or make transactions through them.
USING THE INFORMATION FROM OUR SITE
Any information provided on or through AMG National Trust Bank's Site is for general information use only. It is not and should not be considered personalized advice. You should consult your personal advisor to confirm any information contained in the Site prior to making any decision or taking any action based on information in the Site. You are responsible for confirming the timeliness, accuracy, adequacy, completeness, and quality of all information on the Site before acting on it.
User agrees to use the Site and any site linked to this Site only in a manner consistent with applicable US and foreign federal, state and local laws and regulations. User will not transmit any materials through or in connection with the Site or any linked site that in any way might infringe on the rights of others (including material that might defame, harass, abuse, threaten or otherwise harm any person). Software, if any, on this Site and on linked sites is subject to US export controls. User agrees to not download or otherwise export such software or information in violation of any law, rule or regulation. By downloading or using such software or information, User represents and warrants that User is aware of and has complied with such applicable U.S. export laws and User's applicable local laws.
Copyright and Property Restrictions
User agrees to use the Site only for purposes of using and transferring information and transacting business with AMG National Trust Bank. The Site contains valuable proprietary information owned by AMG National Trust Bank, third-party providers, licensors or others. Such information is protected by copyright, trademark, service mark, patent and other proprietary rights. User agrees that User will not commercially exploit, dissemble, decompile, reverse engineer, transmit, sell, disclose to third parties or distribute in any way any data, text, graphics, video, audio, software, design, functionality or other information found on or through the Site or allow any other person to do so, except as expressly agreed to by AMG National Trust Bank and any other applicable providers.
All documents, reports, data, products, software, services and other information (the ”Materials“) provided on this Site, including without limitation the name, contents and design of the site, are the property and copyrighted work of AMG National Trust Bank or a third party developer, author, manufacturer or vendor (the ”Third Party Provider“). Except as stated in this Agreement, none of the Materials may be copied, downloaded, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying or recording, without the prior express written permission of AMG National Trust Bank or the Third Party Provider. No part of this Site, including but not limited to any logo, graphic, sound or image, may be reproduced or retransmitted in any way, or by any means, without the prior express written permission of AMG National Trust Bank. You also may not, without AMG National Trust Bank's prior express written permission, ”mirror“ any Material on any other server.
Except as stated in these terms, nothing on this Site shall be construed as conferring, by estoppel, implication or otherwise, any license to any intellectual property rights of AMG National Trust Bank or any Third Party Provider.
AMG National Trust Bank grants you permission to display, copy, distribute and download AMG National Trust Bank's information provided that: (1) both the AMG National Trust Bank copyright notice (Copyright © 2003 AMG National Trust Bank. All rights reserved) and this permission notice appear in such information, and (2) the use of such information is solely for internal and informational use and will not be copied or posted on any networked computer or broadcast in any media, and (3) no modifications of any such information are made. If you breach any of these provisions, this permission terminates automatically without notice, and you must immediately destroy any information in your possession or control.
You do not have permission to use the site or its contents for any other purpose, including without limitation the following:
- Reproduce or store in or transmit to any other web site, newsgroup, mailing list, electronic bulletin board, server or other storage device connected to a network or regularly or systematically stored in electronic or print form, all or any part of The AMG Advisor, or
- Modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit all or any part of AMG Advisor Content (including use as part of any library, archive or similar service) without the prior written consent of AMG National Trust Bank.
- Remove the copyright or trademark notice from any copies of AMG Advisor Content made under these terms
Any unauthorized use of any information may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
User understands that unauthorized use or attempted use of the Site, including any attempt to access any personal information other than that related to User's accounts, will result in criminal or civil prosecution. User understands that AMG National Trust Bank reserves the right to view, monitor, and record activity on the Site and to release the results to law enforcement organizations in connection with the investigation or prosecution of possible criminal activity on the Site. AMG National Trust Bank also will comply with all court orders involving requests for such information.
Use of the Site necessitates electronic transmissions of private information, including but not limited to detailed financial information. User consents to the use of such electronic transmissions for all private and non-private information and to the storage of such information by AMG National Trust Bank or its independent, third-party contractors. User also consents to receiving AMG National Trust Bank's notices, privacy notices or policies and other communications electronically at your Internet address as reflected in our then current records or by posting on our Web site.
User understands that AMG National Trust Bank uses good-faith efforts to provide User with accurate information. If User finds an error in information, User agrees to notify AMG National Trust Bank of the nature of such error as soon as reasonably possible.
AMG National Trust Bank, others providing information to the Site and providers of sites linked to this Site do not guarantee the timeliness, sequence, accuracy or completeness of any market information or messages found through this Site. User agrees to hold any such person or its agents harmless for any Losses arising from or occasioned by any inaccuracy, incompleteness, error, delay in or omission of (i) any market data, information or message, (ii) the transmission or delivery of any such data, information or message, or (iii) the interruption of any such data, information or message. AMG National Trust Bank reserves the right to limit or eliminate the market information and other data available through the Site.
Information ”As Is“
The information, names, data, documents and materials (collectively referred to in this Agreement as ”Information“) on this Site or a linked site are provided ”as is,“ without any warranty of any kind, either express or implied, by any person. To the fullest extent allowed by applicable law there are no express or implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No oral or written information or communications given by AMG National Trust Bank or any of its Providers or affiliates, or their directors, officers, employees, agents, representatives, predecessors, successors or assigns shall create any warranty about the Information or Site. Applicable law may not allow the exclusion of implied warranties, so some of these exclusions may not apply to you.
AMG National Trust Bank does not warrant the accuracy or completeness of any information on the Site. Such information may include technical inaccuracies or typographical errors. AMG National Trust Bank may change any of the information on the Site or discontinue the Site at any time without notice. The information on the Site may be out of date, and AMG National Trust Bank makes no commitment to update the information or the AMG National Trust Bank Site.
To the extent that the Site uses Internet, wireless or related electronic or telephonic services to transport data or communications, AMG National Trust Bank takes reasonable security precautions to create a secure and reliable Site, but disclaims any liability or responsibility for third-party interception of any such data or communications or for the access, speed, availability or interruptions of such communications or transmissions. AMG National Trust Bank does not warrant that the Site service will be uninterrupted or free from errors, viruses or other harmful elements. User understands User is solely responsible for the cost, security and maintenance of User's computer systems, software and data, including but not limited to taking protective measures (such as encryption, virus and firewall protection) to prevent unauthorized access to User's computer systems, software and data and repairing damage caused by such unauthorized access.
AMG National Trust Bank is not liable or responsible for any loss resulting from a cause over which it does not have direct control, including but not limited to failure of electronic or mechanical equipment or communication lines, systems failures, telephone or other interconnect problems, interruption of communications or data processing services, unauthorized access, theft, operator errors, information from third-parties, information on third-party web sites, weather or other natural disasters, labor problems, wars, governmental restrictions or other occurrences beyond its reasonable control. In no event will AMG National Trust Bank or any of its Providers or affiliates, or their directors, officers, employees, agents, representatives, predecessors, successors or assigns be liable for any direct, indirect, incidental, special or consequential damages (including but not limited to lost profits, trading losses, or damages resulting from inconvenience, delay or loss of the use of the service or the Site or from the information contained on or available through the Site) arising from or related to the use or non-use of the Information or Site, whether or not such damages or losses are foreseeable, nor shall such persons total liability to User for all damages, losses and causes of action, whether in contract, tort or otherwise, exceed the amount paid by User, if any, to AMG National Trust Bank during the prior twelve months.
User understands that any information provided on or through the Site is for general information use only and is not advice to User unless expressly stated in the particular piece of information or unless AMG National Trust Bank has agreed in a separate writing to provide User with such advice. If any information is stated to be advice, User understands that such advice is subject to User's service agreement with AMG National Trust Bank, and will be updated only as often as specified in such agreement. User will not act on or rely on any advice that does not reflect User's current circumstances unless User confirms the suitability of such advice with User's AMG National Trust Bank representative prior to making any investment or taking other action based on such information. User is solely responsible for confirming the timeliness, accuracy, adequacy, completeness, and quality of all general information provided on or through the Site before acting on it.
The Site may provide access to information and data from independent third-party providers (”Providers“), for example, links to third-party web sites, market data and other information related to investments. AMG National Trust Bank has obtained the Provider information through sources believed reliable, but is not responsible for such information. AMG National Trust Bank makes no representation or warranty with respect to, nor does it endorse, guarantee, warranty (either express or implied) or endorse the accuracy, completeness, timeliness, reliability, legality, compliance, availability or correct sequencing of, the Provider information or any web site operated by a third party. AMG National Trust Bank does not support, endorse, oppose, or edit any opinion, analysis or information provided by any third party. AMG National Trust Bank is not responsible or liable for any harm resulting from any linked web site or from inaccurate, corrupted, distorted or erroneous data resulting from data transfer with third parties or their products or services. User understands it is User's responsibility to independently research any such information and data.
With respect to any areas on this Site where users transmit or post communications, whether to AMG National Trust Bank, to each other or to third parties, including but not limited to chat rooms, bulletin boards or user forums, AMG National Trust Bank may, but is not obligated to, monitor or review the activity in such areas and/or the content of such communications. AMG National Trust Bank will have no liability related to the content of any such communications, whether or not arising under the laws of copyright, libel, privacy, obscenity or otherwise.
Nothing on this Site represents an offer or solicitation of securities, services or products in any jurisdiction where the offer or sale is not qualified or exempt from regulation.
IRS CIRCULAR 230 DISCLOSURE
Any tax advice contained in on this website (AMGNational.com), or any of its linked pages, is not intended or written to be used, and cannot be used, for the purpose of avoiding penalties under the Internal Revenue Code or applicable state or local tax provisions or for promoting, marketing, or recommending to another party any transaction or tax-related matter addressed in this communication.
Limitation of Liability
In no event will AMG National Trust Bank, its agents, suppliers or third parties mentioned at this Site be liable for any special, direct, indirect, consequential, economic, punitive or other damages whatsoever (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of this Site, any Web sites linked to this Site or the materials or information contained at any or all such sites or in connection with the use or performance of software or of failure to provide services, whether based on warranty, contract, tort, negligence or any other legal theory and whether or not we knew or should have known or were advised of the possibility of such damages. Because some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
Neither we nor our service providers or other agents will be liable for any loss or liability resulting in whole or in part from any act or failure to act of your equipment or software, or that of an Internet browser provider such as Netscape (Netscape Navigator browser) or Microsoft (Microsoft Explorer browser), by an Internet access provider, by an online service provider or by an agent or subcontractor of any of them.
Except to the extent that we are liable under the terms of an agreement that otherwise governs your accounts with us, if you are an owner of an account with us, User agrees to indemnify and hold us, our affiliates, vendors, directors, officers, employees and agents harmless from all loss, liability, claims, demands, judgments and expenses arising out of or in any way connected with use of this Site by you, your representative or any person to whom you provided your user name or password. User agrees to indemnify, defend and hold harmless AMG National Trust Bank for any claims, demands, actions, losses, damages, liabilities, costs, charges, attorney fees or expenses of any nature (”Losses“), arising from or out of User's failure to comply with this Agreement or the use or misuse of the Site by User or User's agents.
We may assign our interest in this Agreement to any direct or indirect subsidiary or affiliate of AMG National Trust Bank. We also may assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties. User may not assign any rights and obligations under this Agreement without our prior written consent.
Governing Law and Jurisdiction
This Agreement is governed by the laws of the State of Colorado, USA, without giving effect to the state's principles of conflicts of law. User consents and submits to the personal jurisdiction of the courts of the State of Colorado, USA, to interpret or enforce any or all of the terms and conditions of this Agreement. Any dispute relating to this Site in any manner shall be exclusively brought in the state or federal courts of the State of Colorado. If a court of competent jurisdiction deems any provision of this Agreement unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.
Entire Agreement; Waivers
To be effective, a waiver of any term or condition of this Agreement must be in writing and signed by an authorized AMG National Trust Bank representative. This Agreement, as amended from time to time, and any other disclosures that we may provide to you from time to time make up the entire and sole agreement between you and us concerning the Site. If any provision of this Agreement is held unenforceable, the remaining provisions of this Agreement will still be enforceable. There are no third party beneficiaries of this Agreement.
User must provide AMG National Trust Bank with accurate, complete user information (including, in particular, your email address) and inform AMG National Trust Bank of any changes to such information. For the purpose of confirming your compliance with these Terms, AMG National Trust Bank reserves the right to monitor and record activity on the site, including access to AMG Advisor Content.
You may terminate this Agreement by no longer using the Site. We may terminate this Agreement by no longer providing you access to the Site. The termination of this Agreement will not terminate any obligations or rights arising under this Agreement before such termination. The rights of termination are in addition to all other rights and remedies of AMG National Trust Bank in these terms or by law.
The information received through this Service or in any e-mail alerts foes not constitute investment, legal, accounting or other professional advice and should not be relied upon for personal or financial decisions. You should consult with your personal advisor.
By accessing the site, User understands and agrees to be bound by this Online Access Agreement as well as any other agreement User has entered into with AMG National Trust Bank.