Legacy Trust Company – Terms and Conditions of Use

Thank you for visiting this Legacy Trust Company, N.A. (“Legacy Trust” or “we”) website and downloading and using the Legacy Trust mobile app (the website and the app, together, the “Site”). By accessing and using any portion of the Site, you agree to be bound by the following terms and conditions without limitation or qualification. If you do not intend to be legally bound by these terms and conditions, do not access and use the Site. We reserve the right to change these terms and to make changes to the Site at any time without notice or liability.

Intellectual Property

Unless stated otherwise, all information, materials and other content (collectively “Content”) appearing on the Site is, as between Legacy Trust and you, the exclusive property of Legacy Trust, its subsidiaries and affiliates or our third party service providers. Further:

  • All Content that is not the property of our third party service providers is “Copyright 2020 Legacy Trust, N.A., All Rights Reserved.”
  • All trademarks, service marks, and trade dress (the “Trademarks”) on the Site are registered and unregistered Trademarks of Legacy Trust, N.A., its third-party licensors or its third party service providers. You gain no right, title, interest, or license in any such Trademarks in connection with your use of the Site.
  • Legacy Trust owns or uses with appropriate permission all software contained on or made part of the Site. Copyright and other laws expressly prohibit any modification, redistribution, or reproduction of this software, and such actions could result in civil and criminal penalties.
  • You shall not copy, distribute, download, license, modify, publish, re-post, display, reproduce, reuse, sell, transmit, create derivative works of, or otherwise use the Content for public or commercial purposes. Nothing on the Site shall be construed to confer any grant or license of any intellectual property rights, whether by estoppel, by implication, or otherwise.

Your Representations and Warranties

You represent and warrant that you are at least 18 years of age and possess the legal right and ability to affirmatively agree to these terms and to use the Site in accordance with all of these terms. You understand and agree that you bear all financial responsibility for all use of the Site under your account, including all uses of your account by others. You may not assign, transfer, or sublicense any of your rights relating to use of the Site.

Limitations

We provide the Site to permit you to communicate with Legacy Trust and, under certain circumstances, to access your account information, and for no other purposes. You agree to comply with the terms and conditions of any agreement between you and Legacy Trust in connection with your use of the Site.

No Misuse

You agree that you will not misuse the Site. Misuse includes your use of the Site in a manner in which you:

  • Abuse, defame, harass, stalk, threaten, or otherwise violate the legal rights of any person, including but not limited to rights of privacy and publicity.
  • Upload materials that may damage the operation of another’s computer, such as computer viruses, corrupt files, or similar software.
  • Violate the intellectual property, privacy, or publicity rights of others.
  • Post or publish any indecent, infringing, obscene, or unlawful information or material.
  • Engage in any commercial purpose.
  • Disclose confidential information, trade secrets, or other confidential and/or protected proprietary data of any other person.
  • Violate these terms and conditions.
  • Monitor or copy any Content by using any manual process, or any robot, spider, or other automatic device.
  • Take any action that is reasonably likely to impose a disproportionately large load on the site infrastructure.
  • Utilize the password or personal identification information that is not your own.

No Warranty

You understand and acknowledge that the Content may contain inaccuracies and related typographical errors. We may alter, change or improve the Content at any time and without notice. Neither we nor our third party service providers make any representations or warranties regarding the Content’s completeness or accuracy, nor make any commitment to update the Content.

YOU USE THE SITE AT YOUR OWN RISK. ALL CONTENT IS PROVIDED ON AN “AS IS” BASIS AND WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF EXPECTATION OF PRIVACY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT OR TITLE. IN NO EVENT SHALL LEGACY TRUST, ITS AFFILIATES OR THIRD PARTY SERVICE PROVIDERS BE LIABLE FOR ANY DAMAGES OF ANY KIND (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR USE OF OR INABILITY TO USE THE SITE OR FOR ANY OF THE CONTENT OBTAINED THROUGH OR OTHERWISE IN CONNECTION WITH THE SITE, IN EACH CASE REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER WE WERE GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.

Login Information

For certain services provided by Legacy Trust, we may provide you with a pass code or other related account information (“Login Information”). Login Information is proprietary to and the property of Legacy Trust. You shall take appropriate precautions to ensure the security of such Login Information. Legacy Trust assumes no responsibility for, and shall not be held liable in the event that, use of your Login Information by another person arising out of your failure to take such precautions.

No Offer to Buy or Sell Securities

The Content does not constitute an offer to sell, or the solicitation of an offer to buy, any securities and shall not be relied upon in connection with any investment decision.

Forum; Governing Law

The agreement formed by these terms and conditions is made and entered into in Harris County, Texas, and it and/or any dispute arising from your access to, dealings with, or use of the Site, will be governed by the laws of the state of Texas, without regard to conflicts of law principles. Any lawsuit brought by you related to your access to, dealings with, or use of the Site must be brought in the state or federal courts of Harris County, Texas.

Other Terms

This Agreement constitutes the entire agreement governing your access to, dealings with, and use of the Site. Separate agreements may be entered into by you and Legacy Trust in connection with any specific products or services offered by Legacy Trust. In the case of a conflict between this Agreement and any such separate agreement specific to such product or service, the terms of the specific agreement shall govern.

Any failure of Legacy Trust to assert any rights it may have hereunder does not constitute a waiver of our right to assert the same or any other right at any other time or against any other person or entity. If any provision hereunder is found to be invalid or unenforceable, then the invalid or unenforceable provision will be stricken without affecting the validity or enforceability of any other provision.

Additional Apple Specific Terms and Conditions

In addition to your agreement with the foregoing terms and conditions, you acknowledge and agree to the following provisions respective to your use of the iPad, iPhone, and iPod compatible versions of the Application for iPad, iPhone, and iPod Application (such version to be defined herein as the “Apple Application”).

You acknowledge and agree that the Terms and Conditions of Use are concluded between Legacy Trust and you. Apple is not a party to the Terms and Conditions of Use and Apple has no responsibility for the Apple Application and the content thereof.

The license you have been granted for the Apple Application is limited to a non-transferable license to use the Apple Application on an iOS Product that you own or control and as permitted by the Usage Rules as defined and as set forth in the App Store Terms of Service. In addition, you agree to comply with any third party agreement that is applicable to you when using the Apple Application, such as your wireless data service agreement.

You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple Application. Any questions, complaints or claims should be directed to Legacy Trust.

Apple is not providing any warranty for the Apple Application, except if applicable, to refund the purchase price (if any) for the Apple Application. Apple is not responsible for maintenance or other support services for the Apple Application and, to the maximum extent permitted by applicable law, any other claims, losses, liabilities, damages, costs or expenses with respect to the Apple Application, including but not but limited to, (i) product liability claims; (ii) any claim that the Apple Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

You acknowledge and agree in the event of any claim by a third party that your possession or use (in accordance with these terms) of the Apple Application infringes any intellectual property rights, Apple will not be responsible or liable to you in relation to that claim.

You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the Terms and Conditions of Use, and that, upon the your acceptance of the terms and conditions of the Terms and Conditions of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms and Conditions of Use against you as a third party beneficiary thereof.

Additional Android Specific Terms and Conditions

Mobile Software from Google Play. In addition to your agreement with the foregoing terms and conditions, you acknowledge and agree to the following provisions with respective to your use of the Application if you acquire the Application from Google Play (or its successors) operated by Google, Inc. or one of its affiliates (“Google”) (such version to be defined herein as the “Google Application”). Your use of the Google Application must comply with Google’s then-current Google Play Terms of Service. To the extent of any conflict between (a) the Google Play Terms of Service and the Google Play Business and Program Policies or such other terms which Google designates as default end user license terms for Google Play (all of which together are referred to as the “Google Play Terms” and are defined by Google), and (b) the other terms and conditions in these Terms and Conditions of Use, the Google Play Terms shall apply with respect to your use of the Google Application. We and you hereby acknowledge that Google does not have any responsibility or liability related to compliance or non-compliance by us or you (or any other user) under these Terms and Conditions of Use or the Google Play Terms.

Google is only a provider of the Google Play store where you obtained the Google Application. Google is not responsible for the Google Application and the services and content available thereon. You acknowledge and agree that Google is a third-party beneficiary to the Terms and Conditions of Use as they relate to the Google Application.