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End User License Agreement

General: 

 

This Online EULA applies to consumers, (“consumer(s)”, “you”, “your”, “their”, or “them” “accountholder”). It explains the General Terms of Use (herein after referred to as “Terms of Use).  You are currently viewing a page of the NDTCO.com website, mobile application, any redesigned or future versions of the platform, including mobile apps, web portals, and integrated third-party services or a related New Direction Trust Company digital platform (“Platform”) belonging to New Direction Trust Company (“New Direction”). These General Terms of Use govern your access to and use of the Platform, including any content, functionality, and services offered on or through the Platform (“Services”). “You” and “your” refer to any person who accesses or uses the Platform or Services. 

New Direction reserves the right to modify these Terms of Use at any time without notice. Any change to these Terms of Use will be effective upon posting of such updated Terms of Use on the Platform. The most current version of the Terms of Use will be available to you by clicking the link at the bottom of the Platform. By continuing to access or use the Services after the date of any change to these Terms of Use, you agree to be bound by such terms contained in the most recent version of these Terms of Use. New Direction reserves the right to modify or terminate the Services or to terminate your access to the Platform, in whole or in part, at any time. By using this platform, you are consenting to all the terms of use found within this End User Licensing Agreement (EULA) as well as all other terms of use found within those individual platforms. 

 

Access: 

 

Subject to the terms and conditions contained in these Terms of Use (TOU), New Direction hereby grants to Subscriber during the Term, a non-exclusive, non-transferable, and non-assignable right to: (i) permit Subscriber’s Authorized Users to access and use the Platform and Documentation, for Subscriber’s business through the WebPlatform. Unless otherwise agreed to in writing, New Direction shall be responsible for hosting the WebPlatform, and Subscriber shall be responsible for obtaining Internet connections and other third-party software and services necessary for the accountholder and its Authorized Users to access the Platform as applicable. The Account Holder is responsible for the acts and omissions of its Authorized Users and their compliance with these TOU. 

Use of the Platform requires one or more compatible devices, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time and may include features such as biometric login (e.g. fingerprint or facial recognition), push notifications, and real time transaction alerts.  These features may require enabling permissions and using updated operating systems. Because use of the Platform involves hardware, software, and Internet access, Subscriber’s ability to use the Platform may be affected by the performance of these factors. High speed Internet access is recommended. Subscribers acknowledge and agree that such system requirements, which may be changed from time to time, are Subscriber’s responsibility. Information regarding the minimum system requirements to access and use the Platform can be found at the bottom of the page. 

By using the platform, you consent to receive in-app communications, including alerts, updates, and service messages, which may be delivered via push notifications, SMS, or email depending on your preferences.  

 

Trademarks, Copyrights, and Restrictions on Use: 

 

All trademarks, service marks, trade names, trade dress and related intellectual property rights in the Services are proprietary to New Direction or our licensors or licensee. You may not use, reproduce or display any of the New Direction trademarks except upon New Direction’s prior written consent. 

The Platform and its entire contents, features, and functionality (including but not limited to all web pages, user interfaces, information, design, software, source code, text, displays, graphics, images, videos, and audio recordings, and the design, selection, and arrangement thereof) are owned, controlled, or licensed by New Direction, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Except as expressly provided in these Terms of Use, you may not copy, display, distribute, transmit, transfer, link to, reproduce, license, frame, alter, create derivative works of, reverse engineer, or republish all or any portion of the Platform for any commercial or public purpose without New Direction’s prior written consent. You may, however, view information available on the Platform for your informational purposes. You may download from the Platform materials, except for software or source code, but only for your personal or internal business purposes only. You acknowledge and agree that you do not acquire any ownership rights of any kind by downloading materials from the Platform. 

Your use of the Services, including the Platform, imposes on you an obligation of appropriate use and conduct, which includes, but is not limited to, not causing an unreasonable or disproportionately large processing load on our Services or systems, not engaging in any conduct that restricts or inhibits use of the Services by others, and not introducing or transmitting any virus, worm, Trojan horse or other material that may harm or disrupt our Services or systems. Unauthorized use of the Services, misuse of passwords, or misuse of any information or material posted on this Platform is strictly prohibited. 

You may use the Services, including the Platform, only for lawful purposes and you agree not to use the Services in any way that violates any applicable federal, state, local, or international law or regulation. 

 

Claims of Copyright Infringement: 

 

If you believe in good faith that materials available on the Platform infringe your copyright, you (or your agent) may send New Direction a notice requesting us to remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the Digital Millennium Copyright Act permits you to send a counter-notice. Learn more at the U.S. Copyright Office Platform. 

 

Links to Third Party Platforms or Content: 

 

The Platform may contain links to webPlatforms controlled or offered by third parties (non-affiliates of New Direction). The platform may integrate with third-party services (e.g., payment processors, investment platforms).  Your use of these services is subject to their respective terms and privacy policies.  New Direction disclaims liability for third-party service failures or data breaches.   

New Direction hereby disclaims all liability for any other company’s webPlatform content, products, privacy policies, or security. In the event you choose to use the services available at a linked Platform, you agree to read and adhere to the policies and terms of use applicable to that Platform. 

You understand and agree that New Direction performs the duties of a directed custodian only. New Direction does not provide any investment advice, legal advice, or tax advice. New Direction does not undertake any due diligence for you, including with respect to any investment or investment sponsor linked to any of the platforms, or any investments you choose to hold in your New Direction account(s). Any information regarding any investment sponsors or investments contained on or linked to or found on the New Direction platforms was provided by the investment sponsor. 

You understand and agree that New Direction is not affiliated with, does not control or direct, and has no responsibility over any third party links or investments that may be offered via the third party link and the inclusion of any third party links does not represent an endorsement or recommendation of the third party link or investment(s) that may be offered via the third party link in any way. New Direction does not endorse or recommend any third parties, their links, or their offered investments in any way. 

You understand and agree that information and third-party links contained on the New Direction platforms are provided for informational purposes only, and it is solely the responsibility of the account holder to perform their own independent due diligence on any investment opportunity that may be found via the third-party link(s). As always, account holders should consult their own investment, legal, and tax advisors before making any investment choices. 

 

Data Security: 

 

Access and use of the Platform is subject to New Direction’s Privacy Policy. The Privacy Policy is available at the bottom of the End User Licensing Agreement (EULA). New Direction will not retain, use, or disclose personal information for any purpose other than to provide the Platform, as set out this EULA and the relevant Privacy Policies linked at the bottom of the EULA. 

 

Registration Information: 

 

You may be invited to register at the Platform to help us tailor the Service for your personal and business financial needs and to alert you of other products and services for you or your business. In registering for the Service, you agree to provide accurate, true, current, and complete information about you and your business as requested by the registration screens. As a convenience to you, a profile for you may be created based on the registration information that you provide. 

Electronic Signature and Recordkeeping: 

By using the platform, you acknowledge and agree to the terms outlined in our <electronic signature and recordkeeping disclaimer link>.