Due to our recent name change to Wilmington Trust Investment Advisors, Inc. (WTIA), some of our site's content may not be representative of our new combined entity. Please be assured that work is underway to update the site.
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| Terms Conditions |
NOTICE. BEFORE USING ANY WEB PAGES OR INFORMATION CONTAINED HEREIN OR LINKED HERETO OR HEREFROM, YOU SHOULD CAREFULLY READ THE FOLLOWING DISCLAIMERS AND IMPORTANT TERMS AND CONDITIONS. THE SITES ARE PROVIDED FOR INFORMATION PURPOSES ONLY. YOUR USE OF ANY OF THE SITES CONSTITUTES YOUR AGREEMENT TO ALL TERMS AND CONDITIONS HEREIN. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS BELOW, DO NOT ACCESS THE WEBSITE.
This Agreement ("Agreement") describes the terms and conditions on which you are allowed access and use the WTIA Website and various other related web pages and sites (collectively, including any of the services made a part of or available web pages and sites, the "Website") operated by the WT Investment Advisors ("WTIA"), a subsidiary of M&T Bank Corporation (collectively, including all subsidiaries and affiliates or M&T Bank Corporation, "we", "our" or "us"). Additionally, some of the web pages on the Website may provide services, features or offers under their own terms and conditions of use and you agree to comply with such terms of use in your use of those services. By accessing such sections or pages, you agree to be bound by those terms and conditions. In the event of a conflict, the additional terms and conditions will govern for those sections or pages. You may be asked to execute supplemental agreements, in paper or electronic form, before you are permitted to access or use certain features or functionality within the Website (each, a "Supplemental Agreement"). In the case of Supplemental Agreements presented to you online, you authorize us to rely upon "checks" or “clicks” in designated locations that are attributable to your password as your consent to the terms of such Supplemental Agreements. This Agreement is in addition to any Supplemental Agreement and is not intended to supersede or modify any such Supplemental Agreement.
1. LIMITED LICENSE. We grant you a personal, non-exclusive, non-transferable, non-sublicensable, revocable (at any time), limited license to access, use and display the Website and the content and materials thereon ("Content") and any software that may be necessary to access or use the Website. You acknowledge and agree that the Website and Content are protected by copyright, trademark, patent or other intellectual proprietary rights and other applicable laws. The Website and Content are provided only for your personal, non-commercial use. You are also granted a limited license to print copies of any Content posted at the Website, but only for your personal, non-commercial use. All right, title and interest in the Website and the Content is our exclusive property or the property of our licensors. You have no ownership rights in the Content or Website, which is owned by us or our licensors. Except as expressly provided above, all rights are reserved. Use of any of our trademarks as metatags on other Web sites also is strictly prohibited. You may not display the Website, or any portion thereof, without our express written permission.
2. DISCLAIMERS. WE ARE NOT RESPONSIBLE FOR ANY INACCURACIES, ERRORS (INCLUDING TYPOGRAPHICAL ERRORS) OR OMISSIONS, OR FOR THE RESULTS OBTAINED FROM THE USE OF THE WEBSITE OR THE CONTENT. THE WEBSITE, ALL CONTENT, LINKS AND ANY OF THE SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITEARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH NO GUARANTEE OF COMPLETENESS, ACCURACY (EITHER WHEN POSTED OR WITH THE PASSAGE OF TIME), TIMELINESS OR OF THE RESULTS OBTAINED THEREFROM, AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, PERFORMANCE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE. IN ADDITION, WE MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THE WEBSITE WILL BE SECURE, ACCESSIBLE CONTINUOUSLY AND WITHOUT INTERRUPTION, OR ERROR FREE. YOU AGREE THAT UNDER NO CIRCUMSTANCE WILL WE OR OUR AGENTS, OFFICERS OR EMPLOYEES THEREOF BE RESPONSIBLE FOR OR LIABLE TO YOU OR ANYONE ELSE FOR: ANY CONTENT CONTAINED ON OR OMITTED FROM THE WEBSITE; ANY PERSON'S RELIANCE ON ANY SUCH CONTENT, WHETHER OR NOT THE CONTENT IS COMPLETE, CURRENT OR CORRECT; ANY VIRUSES OR DEFECTS THAT MAY BE FOUND TO EXISTS IN THE WEBSITE, THE CONSEQUENCES OF ANY DECISION YOU OR ANY OTHER PERSON TAKES OR FAILS TO TAKE, WHETHER OR NOT BASED ON CONTENT PROVIDED BY OR RESULTING FROM USE OF THE WEBSITE. THE CONTENT, AND ANY ADVICE RECEIVED VIA THE WEBSITE, IS NOT INTENDED, AND SHOULD NOT BE RELIED UPON, FOR PERSONAL, LEGAL, TAX OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
3. LIMIT ON DAMAGES. WE, OUR AGENTS, OFFICERS OR EMPLOYEES AND AFFILIATES, SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, INTERRUPTION OF BUSINESS, NOR FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY KIND, WHETHER UNDER THIS AGREEMENT OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH OR RELATED TO THE WEBSITE, NY SOFTWARE USED TO ACCESS THE WEBSITE OR THE CONTENT OR ANY SERVICES AVAILABLE THROUGH THE WEBSITE, YOUR RELIANCE ON, USE OF OR INABILITY TO USE THE WEBSITE, OR ANY ERROR, OMISSION, INTERRUPTION, OR DELAY IN OPERATION, OR ANY COMPUTER VIRUS OR SYSTEM FAILURE, REGARDLESS OF WHETHER SUCH CLAIM ARISES UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE AND REGARDLESS OF WHETHER WE ARE ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.
4. Links to Third Party Sites. As a convenience to you, we may provide links to Web sites operated by others ("Linked Website"). Linked Websites are not under our control and we are not responsible for the contents thereon. If you use a Linked Website, you will leave the Website and you do so at your own risk. It is your responsibility to take all protective measures to guard against viruses or other destructive elements and understand the privacy policies of the Linked Website. We make no warranty or representation regarding, and do not endorse, nor are responsible for, any Linked Website or the information appearing thereon or any of the products or services described thereon. Linked WebSites may have a privacy policy different from ours and the Linked WebSites may provide less security than the WebSite. Links to Linked WebSites do not imply that we sponsor, endorse, are affiliated or associated with, or are legally authorized to link to the Linked WebSites or use any trademark, trade name, logo, symbol or copyrighted material displayed in or accessible through the links, or that any Linked WebSites is authorized to use any trademark, trade name, logo, symbol or copyrighted material of ours.
5. Privacy. Use of the Website is governed by the WTIA Privacy Policy and Internet Privacy policy. Click here to learn more about the information we collect from cookie files. Click here for the WTIA Privacy Policy.
6. Trademarks. M&T and Wilmington Trust are registered United States trademarks. We also claim rights in certain other trademarks, service marks, slogans, logos, trade dress and other identifiers (registered or otherwise) (“Marks”) contained and displayed in the Website. Use of any of our Marks without prior written consent is strictly prohibited. The names of other companies and third party products or services mentioned on the Website may be the trademarks or service marks of their respective owners. You are advised to seek permission from the owner of such third party trademarks or service marks prior to any use thereof.
7. Submissions. All information you submit to us via the Website will be considered to be our property, and we are free to utilize any information you submit for any purpose.
8. Internet E-Mail. We strongly discourage the use of ordinary e-mail systems to communicate with us. Ordinary e-mail systems and messages may be vulnerable to interception, alteration and loss. We will not be responsible to anyone for any damages arising out of or in connection with any email sent to us using e-mail.
9. Indemnity. You agree to indemnify, defend, and hold harmless us and our directors, officers and employees against any liabilities, losses, expenses or other costs incurred arising from or relating to (a) a breach of any of the terms hereof by you and for the content of any message sent using Email service and (b) your use of the Website or Content.
10. News Services; Advertisers. We do not warrant, endorse or guarantee any information provided through any news service on the Sites or any product or services advertised on the Sites. We will not be a party to any transaction between you and any news service or any advertiser or user. We will not assume the responsibility of monitoring the use of trademarks, copyrights or other rights of news service, advertisers or other third parties.
11. Suspension and Termination. We reserve the right, in our sole discretion, to modify, terminate and/or suspend your access to the Website, the related services and this Agreement or any portion thereof at any time, without notice. We may also impose limits on certain features and services or restrict your access to parts or the entire Website without notice or liability. We may also, in our sole discretion, and at any time discontinue providing the Website, or any part thereof, with or without notice.
12. Amendments; Modifications. We reserve the right, in our sole discretion, to change, modify, add or remove any portion of this Agreement in whole or in part, at any time, by posting the amended terms on the Website. The new terms shall automatically be effective and binding on you 15 days after they are initially posted on the Website. Your continued use of the Website after any changes to this Agreement are posted will be considered acceptance of those changes. This Agreement may not otherwise be amended.
13. Use of Content. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in any other way for commercial or public purposes in whole or in part any Content, including, but not limited to, any information, software, products or services obtained from the Website, except for the purposes expressly provided herein, without our prior written approval. You acknowledge that we may provide certain portions of the Content under license from Third Party Providers, and you agree to comply with any additional restrictions on your usage that we may communicate to you from time to time, or that are otherwise the subject of an agreement between you and such licensors. Product offers, rates, terms and other Content provided at the Website are subject to change without notice. Your eligibility for particular products and services is subject to our review and acceptance.
14. No Investment Advice or Offers. Nothing in the Website constitutes investment advice, including our filings with the Securities and Exchange Commission, or recommendations as to the suitability of any specific product or security. All Content is provided for your convenience and information only, and no Content shall constitute an offer to sell or a solicitation of an offer to buy any security. Prior to the execution of any transaction by you involving information you received from this Website, you should consult your financial, business, tax and accounting advisors and your attorney, with respect to the price, suitability, value, risk or other aspects of any stock, mutual fund, security or other investment. Pricing and other information generated through the use of data or services made available herein may not reflect actual prices or values that would be available in the market at the time provided or at the time that the user may want to purchase or sell a particular security or other instrument. Investment Services are not bank deposits or insured by the FDIC or other entity, and are subject to investment risks, including possible loss of principal amount invested. Not all of the products and services described at the Sites are available in all geographic areas.
15. Market Information. We may make available to you through the Website a broad range of financial information that we obtain from our agents, vendors or partners ("Third Party Providers"). This may include financial market data, quotes, news, analyst opinions and research reports (collectively, "Market Information"). We do not endorse or approve the Market Information, and we make it available to you only as a convenience. We and our Third Party Providers do not (a) guarantee the accuracy, timeliness, completeness or correct sequencing of the Market Information; or (b) warrant any results from your use or reliance on the Market Information. Market Information may quickly become unreliable for various reasons including, for example, changes in market conditions or economic circumstances. Neither we nor the Third Party Providers are obligated to update any information or opinions contained in any Market Information, and we may discontinue offering Market Information at any time without notice. You agree that neither we nor the Third Party Providers will be liable in any way for the termination, interruption, delay or inaccuracy of any Market Information. You will not redistribute or facilitate the redistribution of Market Information, nor will you provide access to Market Information to anyone who is not authorized by us to receive it. If you are a securities broker, dealer, banker or investment advisor, you agree not to use the Market Information provided by us for any purpose related to your business.
16.Dated and Forward-Looking Statements. Certain information on the Website may contain certain forward-looking statements, which are subject to risks and uncertainties and speak only as of the date on which they are made. The words “believe”, “expect”, “anticipate”, “optimistic”, “intend”, “aim”, “will” or similar expressions are intended to identify forward-looking statements. You are cautioned not to place undue reliance on these forward-looking statements. Any dated information is published as of its date only. Dated and forward-looking statements speak only as of the date on which they are made. We undertake no obligation to update publically or revise any dated or forward-looking statements.
17. Governing Law. This Agreement is governed by the laws of the State of New York, U.S.A, without regard to its principles of conflict of laws. The Website is not intended for distribution to, or use by, any person or entity, or any jurisdiction or country where such distribution or use would be contrary to local law or regulation, would subject us or any of our affiliates to any liability or would not give effect to all of the provisions in this Agreement. You may not access the Website or the Content where such access is illegal or prohibited or where such access would subject us or our affiliates to any liability.
18. Unauthorized or Illegal Use. It is prohibited to use the Website, Content, passwords or our systems in violation of the terms herein, in any manner which could damage, disable, interrupt, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website or for any illegal activities. Illegal activities include, but are not limited to, tampering with information data bases and software, unauthorized entry to other networks or computers, trafficking in illegal products or substances, disobeying trade restrictions, violating civil rights laws or knowledgeable vandalism or destruction of online files. Access to and use of password protected and/or secure areas of the Website is restricted to authorized users only. Unauthorized persons attempting to access these areas of the Website may be subject to prosecution. You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Website including U.S. export laws and regulations, which regulate the distribution of materials and services originating in the United States. You shall not introduce, nor permit any person to introduce into the Website or Content, any code or malicious or hidden mechanisms that would impair the operation of the Website or Content, or of our computers, networks, or other devices or software. We prohibit caching, unauthorized hypertext links to the Website, and the framing of any Content available on the Website. We reserve the right to disable any unauthorized links or frames and specifically disclaim any responsibility for the Content available on any other websites linked to our Website.
19. Agreement to Arbitrate. All disputes relating to this Agreement, use of the Website or the Content or the services provided thereunder shall be subject to final and binding arbitration, with the losing party paying all costs of arbitration. Any arbitration relating to this Agreement shall be held in Erie County New York, under the rules of the American Arbitration Association.
20.Third Party Beneficiaries. To the extent the Content contains data or information provided by Third Party Providers or are otherwise contributed to by Third Party Providers, such Third Party Providers shall be considered third party beneficiaries of this Agreement.
21. Assignment; Waiver. You may not assign, sublicense, delegate, subcontract or otherwise transfer your rights, duties and obligations under this Agreement to a third party without our express written consent. Any instrument purporting to make an assignment or other transfer in violation of this provision shall be null and void. Any forbearance or delay on the part of either party hereto in enforcing any provision of this Agreement or any of its rights hereunder shall not be construed as a waiver of such provision or of a right to enforce same for such occurrence or any future occurrence.
22. Complete Agreement/No Representations. This Agreement constitutes the entire agreement between you and us relating to your access to and use of the Website and supersedes any prior or contemporaneous representations or agreements, whether electronic, oral or written. Our failure to insist at any time upon strict compliance with any term of this Agreement, or any delay or failure on our part to exercise any power or right given to us in this Agreement, or a continued course of such conduct on our part shall at no time operate as a waiver of such power or right, nor shall any single or partial exercise preclude any other future exercise. All rights and remedies given to us in this Agreement are cumulative and not exclusive of any other rights or remedies, which we otherwise have at law or equity. Any rights not otherwise expressly granted by this Agreement are reserved by us. Captions are for convenience only. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. The provisions of this Agreement which expressly or by implication are intended to survive its termination or expiry will survive and continue to bind both of us.
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