Terms of Use 2019-01-12T00:45:17+00:00

About

Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS (THE “TERMS”) CAREFULLY BEFORE YOU USE THIS WEBSITE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS THIS WEBSITE, OR ANY OF ITS PAGES. BY USING THIS WEBSITE, AND WHETHER OR NOT YOU ACTUALLY READ THESE TERMS OF USE, YOU ARE DEEMED TO HAVE ACCEPTED THEM AND AGREE TO BE BOUND BY THESE TERMS. CERTAIN SECTIONS OF OR PAGES ON THIS WEBSITE MAY CONTAIN SEPARATE TERMS AND CONDITIONS, WHICH ARE IN ADDITION TO THESE TERMS OF USE. YOU SHOULD READ THOSE ADDITIONAL TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THOSE SECTIONS OR PAGES, YOU AGREE TO BE BOUND BY THOSE ADDITIONAL TERMS AND CONDITIONS. WE MAY MODIFY OUR TERMS OF USE AT ANY TIME AND WITHOUT NOTICE. OUR FAILURE TO EXERCISE OR ENFORCE ANY RIGHT OR PROVISION OF THESE TERMS OF USE WILL NOT CONSTITUTE A WAIVER OF SUCH RIGHT OR PROVISION. AS USED HEREIN, WHITTIER TRUST MEANS WHITTIER TRUST COMPANY AND THE WHITTIER TRUST COMPANY OF NEVADA, INC.

You are strictly prohibited from unauthorized use of our systems or this Website, including but not limited to unauthorized entry into our systems, misuse of passwords, or misuse of any information posted on this Website.

You may not attempt to gain unauthorized access to any Whittier Trust Website or service, computer systems or networks connected to any Whittier Trust website or service, through hacking, password mining or any other means. Use of this Website may be monitored, tracked and recorded. Anyone using this Website expressly consents to such monitoring, tracking and recording. You are responsible for being familiar with the current version of the Terms posted on the Website during each session.

You may use this Website only in compliance with these Terms and all applicable local, state, national and international laws, rules and regulations.

Disclaimer of Warranty and Limitation of Liability

The information, products, and services on this Website are provided on an “AS IS,” “WHERE IS” and “WHERE AVAILABLE” basis. Whittier Trust does not warrant the information or services provided herein or your use of this Website generally, whether express or implied, for any particular purpose and expressly disclaims any implied warranties, including but not limited to, warranties of title, non-infringement, merchantability or fitness for a particular purpose. Whittier Trust will not be responsible for any loss or damage that could result from interception by third parties of any information or services made available to you via this Website. Although the information provided to you on this Website is obtained or compiled from sources we believe to be reliable, Whittier Trust cannot and does not guarantee the accuracy, validity, timeliness or completeness of any information or data made available to you for any particular purpose. Neither Whittier Trust nor any of its directors, officers or employees, nor any third party vendor, will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of this Website, or resulting from the act or omission of any other party involved in making this Website, the data contained herein or the products or services offered on this Website available to you, or from any other cause relating to your access to, inability to access, or use of the Website or these materials, whether or not the circumstances giving rise to such cause may have been within the control of Whittier Trust or of any vendor providing software or services. In no event will Whittier Trust or any such parties be liable to you, whether in contract or tort, for any direct, special, indirect consequential or incidental damages or any other damages of any kind even if Whittier Trust or any other such party has been advised of the possibility thereof. This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect a user’s equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure.

Whittier Trust cannot and does not guarantee continuous, uninterrupted or secure access to the Website.

Material to be Reviewed in its Entirety; Severability

All materials on this Website are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions, disclosures, or hedge clauses, they apply to any partial document or material in the same manner as they do to the whole, and they will be deemed incorporated in the portion of any material or document that you consult or download. If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these terms and will not affect the validity and enforceability of the remaining provisions.

No Investment, Legal or Tax Advice; No Solicitation or Offer

This Website and its content are for informational purposes only. Neither the information nor any opinion contained on this Website constitutes legal, tax or investment advice, or a solicitation or an offer to sell any securities or other financial instruments, or to provide any investment advice or service. Whittier Trust is not using this Website to provide legal, tax, investment or other advice, and no information or material on this Website may be relied upon for the purpose of making or communicating investment or other decisions. Any decisions based on information contained in this Website are the sole responsibility of the user, and in exchange for using this Website, you agree to hold Whittier Trust harmless from and against any claims for damages arising from any decisions that you may make based on such information.

Copyrights, Trademarks, and Restrictions on the Use of Materials

You acknowledge and agree that this Website contains “Content” (including information, data, software, photographs, graphics, text, images, logos, icons, typefaces, audio and video material, and other material) that is protected by copyrights, trademarks, or other proprietary rights, and that these rights are valid and protected in all forms, media, and technologies existing now or later developed. The Content is the property of Whittier Trust, except as otherwise stated. The compilation (meaning the collection, arrangement, and assembly) of all content on the Website is the exclusive property of Whittier Trust and is protected by U.S. and international copyright and trademark laws. You may not copy, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer, license or sale of, create derivative works from, or in any way exploit any of the content, in whole or in part, except as specifically permitted herein. If no specific restrictions are displayed, you may make one copy of select portions of the Content, provided that (1) the copy is made only for your personal information and non-commercial use, (2) you do not alter or modify the Content in any way, and (3) you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under U.S. copyright laws, you may not upload, post, reproduce, perform, or distribute any Content in any way without obtaining the express permission of Whittier Trust.

No Warranty and Limitation on Liability; Communications Are Not Confidential

The information and materials contained on this Website are provided “AS IS” and Whittier Trust does not warrant the accuracy, adequacy, or completeness of any such information or materials, and expressly disclaims liability for errors or omissions in such information and materials. The information and materials on this Website may contain typographical errors or inaccuracies. Any dated information is published as of its date only, and we do not undertake any obligation or responsibility to update or amend any such information. No warranty of any kind, implied, express 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 and materials. Whittier Trust does not warrant that use of the Website will be uninterrupted or error-free. Users are responsible for taking all precautions necessary to ensure that any information and materials they may obtain from or through this Website are free of viruses and other disabling contamination. Information submitted to this Website should be considered neither secure nor confidential. Whittier Trust makes no representation whatsoever concerning the security or confidentiality of such information and specifically makes no representation that any information submitted through this Website will be received by Whittier Trust. IN NO EVENT WILL WHITTIER TRUST BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSSES, OR EXPENSES ARISING IN CONNECTION WITH THIS WEBSITE OR ITS USE, OR THE 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 WHITTIER TRUST AND REPRESENTATIVES, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.

Use of Links

Use of any links contained on this Website is at your own risk. The content to any independent third party website that may not have not been developed, checked for accuracy or otherwise reviewed by Whittier Trust, which makes no warranties, either express or implied, or representations as to, and shall have no liability for, any third-party website or content, including without limitation, the accuracy, subject matter, quality or timeliness of any electronic content. Links to unaffiliated websites do not imply any endorsement of or responsibility for the opinions, ideas, products, information, or services offered at such websites, or any representation regarding the content at such websites and we expressly disclaim any such endorsement or representation. In addition, third party websites may have a privacy policy or security practices different from this Website so it is important to read the policies of those websites before sharing your personal information. You hereby waive any claim you might have against Whittier Trust with respect to such other websites.

Website Security and Restrictions on Use

As a condition to your use of this Website, you agree that you will not, and you will not take any action intended to: (i) access data that is not intended for you; (ii) invade the privacy of, obtain the identity of, or obtain any personal information about any other user of this Website; (iii) probe, scan or test the vulnerability of this Website or Whittier Trust’s network or breach security or authentication measures; (iv) attempt to interfere with service to any user, host, or network or otherwise attempt to disrupt Whittier Trust’s business; or (v) send unsolicited mail, including promotions and/or advertising of products and services. Unauthorized use of the Website, including but not limited to unauthorized entry into Whittier Trust’s systems, misuse of passwords, or misuse of any information posted to a Website, is strictly prohibited. Portions of the Website are designated for password access only. In these instances, if you do not have an authorized password, no access is permitted.

Confidentiality and Password Security

Certain parts of this Website may be protected by passwords or require a login. You are responsible for maintaining the confidentiality of any user names, passwords, security questions, and answers. All information available through the privileged area of the site is confidential. This includes all investment information and results, offering materials and regulatory notices, financial statements, and other information provided through this part of the Website. You will use your best efforts to keep this information strictly confidential. You will not disclose this information to any unauthorized person or use it for any unauthorized purpose.

Communications Are Not Confidential

Information submitted to this Website should not be considered secure or confidential, and Whittier Trust makes no representations whatsoever concerning the security of confidentiality of such information and specifically makes no representation that any information submitted through this Website will be received by Whittier Trust. If you are a client, please send any electronic communications directly to your Client Advisor or Portfolio Manager.

Governing Law

These Terms, and any issues relating to the information available on this Website, are to be governed exclusively by the laws of the State of California, excluding the application of its conflicts of law rules, and the federal laws of the United States, to the extent applicable. The use of this Website 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. In the event there is deemed to be any information on the Website regarding services and products then such information is applicable only in jurisdictions where such services and products may lawfully be offered for sale and is void where prohibited by law. If you access the Services from outside of the United States, you are responsible for compliance with local, national, and international laws.

Compliance Disclaimers

Investment and Wealth Management Services are provided by Whittier Trust Company and The Whittier Trust Company of Nevada, Inc., state-chartered trust companies, (herein referred to individually and collectively, as “Whittier Trust”, which are wholly owned by Whittier Holdings, Inc., a closely held holding company.

This Website is provided for informational purposes only and is not intended, and should not be construed, as investment, tax or legal advice. Please consult your own legal and/or tax advisors in connection with financial decisions. This Website does not purport to be a complete statement of approaches, which may vary due to individual factors and circumstances.

Investing involves risk, including the possible loss of principal. Past performance is no guarantee of future results and no investment or financial planning strategy can guarantee profit or protection.

The information and materials on the Website are not intended as an offer or solicitation for the purchase or sale of any stock, security or financial instrument of any issuer or company. No content or comments made by Whittier Trust, its employees, agents or any other user should be understood or used as the basis for any investment or financial decision, nor should they be construed as advice, endorsements or recommendations.

Certain information presented on the Website may constitute “forward-looking statements.” No representations or warranties are made as to the accuracy or completeness of such statements, and actual events or results may differ materially from those reflected or contemplated herein.

Although the information provided is carefully reviewed, Whittier Trust is not responsible for any direct or incidental loss resulting from applying any of the information provided. Past performance is no guarantee of future results and no investment or financial planning strategy can guarantee profit or protection against losses.

The information and materials on the Website may not be reproduced or distributed without Whittier Trust’s prior written consent.

Effective Date; Changes and Updates to Terms of Use

The Effective Date of these Terms is January 2019.

Whittier Trust reserves the right to revise, update or modify these Terms or other policies at any time and without prior notice, by posting the revisions on this Website. You are bound by any such revisions at the time of such posting and you should therefore periodically visit this page to review the current Terms. Your simultaneous or subsequent use of the Website constitutes your agreement to bound by the revised Terms.