Terms of Use


Last updated: May 1, 2018



Independent Trust Company of America, LLC and/or its affiliates ("ITC") provide website features and other informational services to you when you visit IndependentTrust.com (collectively, "ITC Services"). ITC provides the ITC Services subject to the following terms.


By using ITC Services, you agree to these conditions. Please read them carefully.


PRIVACY

Please review our Privacy Notice, which also governs your use of ITC Services, to understand our practices.


USE OF INFORMATION

The opinions offered on this site do not necessarily reflect those of ITC. Any and all information contained on this site is intended as for informational purposes only. The opinions and information provided herein should not be taken in any way as financial, investment, tax or legal advice, nor relied upon for purposes of avoiding any Federal or State Tax penalties. You are encouraged to seek financial, investment, accounting, tax and legal advice from your professional advisors. Neither ITC nor its affiliates, directors, officers, employees or agents accepts any liability for any loss or damage arising out of your use of all or any part of this website. 


ELECTRONIC COMMUNICATIONS

When you use ITC Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts or notices and messages on this site or through other methods, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.


COPYRIGHT

All content included in or made available through any ITC Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of ITC or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any ITC Service is the exclusive property of ITC and protected by U.S. and international copyright laws.


TRADEMARKS

In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any ITC Service are trademarks or trade dress of ITC in the U.S. and other countries. ITC's trademarks and trade dress may not be used in connection with any product or service that is not ITC's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ITC. All other trademarks not owned by ITC that appear in any ITC Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by ITC.



COPYRIGHT COMPLAINTS

ITC respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please submit your complaint using our online form. We respond quickly to the concerns of rights owners about any alleged infringement.


DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE ITC SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE ITC SERVICES ARE PROVIDED BY ITC ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. ITC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE ITC SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE ITC SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE ITC SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY LAW, ITC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ITC DOES NOT WARRANT THAT THE ITC SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE ITC SERVICES, ITC'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM ITC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, ITC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY ITC SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY ITC SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.


DISPUTES

Any dispute or claim relating in any way to your use of any ITC Service will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Use as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to the address listed below. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, we will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.


APPLICABLE LAW

By using any ITC Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of South Dakota, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and ITC.


SITE POLICIES, MODIFICATION, AND SEVERABILITY

We reserve the right to make changes to our site, policies, and these Terms of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.


OUR ADDRESS

Independent Trust Company of America, LLC

1301 West Omaha Street, Suite 203

Rapid City, SD 57701

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