Limited license and restrictions on use
Toosaint grants you a limited, revocable, nonexclusive, nontransferable license to view, store, bookmark, download, and print the pages within this Site solely for your personal, informational, and noncommercial use or as expressly authorized by Toosaint in writing. Notwithstanding the foregoing, financial advisors, trust professionals, registered investment advisors, broker-dealers, nominees and other institutional trading partners (collectively, "Intermediaries") may use the data and information, including the Feeds (as hereinafter defined), provided on this Site for certain commercial uses with Toosaint's prior approval or as otherwise permitted on this Site, provided that such Intermediaries comply with all other terms and conditions as set forth in these Terms of Use. You are responsible for obtaining and maintaining all equipment, services, and other materials that you need to access this Site. Toosaint reserves all rights not expressly granted in these Terms of Use. Except as otherwise stated in these Terms of Use or as expressly authorized by Toosaint in writing, you may not (or enable others to):
- Modify, copy, screen capture, distribute, forward, transmit, post, display, perform, reproduce, publish, broadcast, license, create derivative works from, transfer, sell, or exploit any reports, data, information, content, software, RSS and podcast feeds, products, services, or other materials on, generated by or obtained from this Site, whether through links or otherwise (collectively, "Materials");
- Redeliver any page, text, image, or Materials on this Site using "framing" or other technology;
- Engage in any conduct that could damage, disable, or overburden (i) this Site, (ii) any Materials or services provided through this Site, or (iii) any systems, networks, servers, or accounts related to this Site, including without limitation, using devices or software that provide repeated automated access to this Site, other than those made generally available by Toosaint;
- Probe, scan, or test the vulnerability of any Materials, services, systems, networks, servers, or accounts related to this Site or attempt to gain unauthorized access to Materials, services, systems, networks, servers, or accounts connected or associated with this Site through hacking, password or data mining, or any other means of circumventing any access-limiting, user authentication or security device of any Materials, services, systems, networks, servers, or accounts related to this Site;
- Modify, copy, obscure, remove, or display Toosaint's name, logo, trademarks, text, notices, or images without Toosaint's express written permission. To obtain such permission, you may e-mail us at janmar.alexis@toosaint.co ;
- Include the term "Toosaint," or any Toosaint trademark or executive's name, or any variation of the foregoing, as a meta-tag, hidden textual element or any other indicator that creates an impression of affiliation, sponsorship, or endorsement by Toosaint.
User content and license grant
You agree that you are solely responsible for all information, data, content, text, photographs, graphics, images, videos, messages, comments, quotations, files, documents and any other materials that you submit, upload, post, e-mail, transmit or otherwise make available via the Site ("User Content"). By submitting, uploading, posting, e-mailing or transmitting User Content to the Site, you represent and warrant that either you own all right, title and interest in and to the User Content or have express permission from the owner to copy and use such User Content for all purposes related to the Site. Toosaint does not control and is not responsible for the User Content uploaded via the Site and Toosaint neither guarantees the accuracy, quality or appropriateness of nor endorses any User Content submitted to the Site.
You agree not to use the Site to:
- submit, upload, post, e-mail, transmit, or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, menacing, harassing, tortious, defamatory, vulgar, pornographic, obscene, offensive, blasphemous, libelous, unlawful, invasive of another's privacy or publicity rights, hateful, or racially, ethnically, or otherwise objectionable;
- submit, upload, post, e-mail, transmit, or otherwise make available any User Content that personally attacks or is derogatory toward Toosaint as an entity, Toosaint employees, any Toosaint products or services, or any Toosaint Materials;
- harm minors in any way, including, but not limited to, submitting, uploading, posting, e-mailing, transmitting, or otherwise making available content that violates child pornography laws, child sexual exploitation laws, or laws prohibiting the depiction of minors engaged in sexual conduct;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Site;
- submit, upload, post, e-mail, transmit, or otherwise make available any User Content that you do not have a right to make available under any law or contractual or fiduciary relationships or obligations;
- submit, upload, post, e-mail, transmit, or otherwise make available any User Content that infringes, violates, or misappropriates any patent, trademark, trade secret, copyright, or other intellectual property or proprietary right or any moral right of any party;
- submit, upload, post, e-mail, transmit, or otherwise make available any personal information or specific account details about yourself or any person or entity;
- submit, upload, post, e-mail, transmit, or otherwise make available any advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
- submit, upload, post, e-mail, transmit, or otherwise make available any material that contains viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; or
- intentionally or unintentionally violate any applicable local, state, national, or international laws, rules, regulations, decrees, acts, orders, directives, legislation, bills, or statutes.
You grant Toosaint and its affiliates, subsidiaries, directors, officers, employees, agents, licensors, and vendors a perpetual, worldwide, irrevocable, nonexclusive, fully-paid up, royalty-free, sublicensable, and transferable right and license to use, store, modify, adapt, translate, publish, display, broadcast, perform, disclose, distribute, sell, reproduce, and create derivative works from any User Content, in whole or in part, in any medium or technology throughout the world, including any inventions, concepts, techniques, know-how, ideas, or expressions of ideas arising out of or based on the User Content, for any purpose in Toosaint's sole discretion, without the requirement of any permission from or compensation or notice, and without liability, to you or any third party. Toosaint shall exclusively own all right, title, and interest in and to any derivative works or inventions created by or on behalf of Toosaint that incorporate or otherwise make use of any User Content, without the requirement of any permission from or compensation or notice, and without liability, to you or any third party.
Except as set forth in our Privacy Policy, none of the User Content that you submit, upload, post, e-mail, or transmit or otherwise make available via the Site shall be subject to any confidentiality obligations by Toosaint and its affiliates, subsidiaries, directors, officers, employees, agents, licensors, and vendors. Except as may be provided by federal securities laws, Toosaint shall not be liable in any way for any User Content or for the use or disclosure of any User Content.
You acknowledge that Toosaint and/or its vendors may or may not (but are not obligated to) monitor User Content, but that Toosaint shall have the right in its sole discretion to monitor, post, move, refuse, or remove any User Content, in whole or in part, for any reason whatsoever, without notice and without liability.
If you have any questions or comments about your Toosaint investments or other customer service issues, please click Contact Us at the top of any webpage.
Your account
Certain parts of this Site may be protected by passwords or require a login. Further, for authentication purposes, certain features on this Site may require you to answer a designated security question. You agree to provide Toosaint with current, complete, and accurate information about you as prompted by the applicable registration process and agree to regularly update this information to maintain its completeness and accuracy. You agree to use this Site to access only those accounts on which you are authorized to act, and you agree to use your own user names, logins, passwords, and security questions and answers when accessing accounts on which you are authorized to act. You agree not to obtain or attempt to obtain unauthorized access to such parts of or features on this Site, or to any other protected Materials or information, through any means not intentionally made available to you by Toosaint.
You are responsible for maintaining the confidentiality of any account information, user names, logins, passwords, and security questions and answers that you use to access any page or feature on this Site, and for logging off of your account and any protected areas of the Site. Further, you are fully responsible for all activities occurring under your accounts, user names, logins, passwords, and security questions and answers that result from your negligence, carelessness, misconduct, or failure to use or maintain appropriate security measures. If you become aware of any suspicious or unauthorized conduct concerning your accounts, user names, logins, passwords, or security questions and answers, you agree to contact Toosaint immediately. Toosaint will not be liable for any loss or damage arising from your failure to comply with this paragraph.
Products and services provided to you through this Site may involve the electronic transmission, including via any e-mail address you provide to us, of information that you may consider to be personal financial information or promotional and marketing materials, and you consent to such transmission.
Data, information, and content
The Materials on this Site are for information, education, and noncommercial purposes only. Although Toosaint may provide data, information, and content relating to investment approaches and opportunities to buy or sell securities and/or mutual funds, you should not construe any such information or other content available through this Site as legal or tax advice. You alone will bear the sole responsibility of evaluating the merits and risks associated with the use of any Materials on this Site before making any decisions based on such Materials. In exchange for using such Materials, you agree not to hold Toosaint or its third party information providers liable for any possible claim for damages arising from any decision you make based on the Materials made available to you through this Site. By providing access to other websites, neither Toosaint nor any of its affiliates is recommending the purchase or sale of the stock issued by any company, nor are they endorsing services provided by any website's sponsoring organization.
Copyright policy, notice, and claim information
All Materials on this Site, whether separate or compiled, including, but not limited to, text, graphics, audio clips, logos, buttons, images, digital downloads, data compilations, software, icons, html code and xml code, as well as all copyright, patent, trademark, trade dress, and other rights therein, are owned or licensed by Toosaint and its third party information providers, and are protected by United States and international intellectual property laws.
Pursuant to Section 512(c)(2) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Toosaint designates an agent as described below to receive notifications of claimed copyright infringement by mail: janmar.alexis@toosaint.co.
The designated copyright agent can also be reached by telephone at (610) 669-6100, by e-mail at janmar.alexis@toosaint.co.
If you have any other customer service questions or would like an alternative method of reaching us, please click Contact Us at the top of any webpage.
Termination
The rights granted to you herein terminate immediately upon any violation by you of these Terms of Use. Toosaint, in its sole discretion, reserves the right to temporarily or permanently terminate your access to and use of this Site at any time and for any reason whatsoever, without notice or liability. Toosaint will not be liable to you or any third party for any termination of your access to or use of this Site.
Liability and indemnity
ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THIS SITE ARE DONE AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER EQUIPMENT, OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
NEITHER VANGUARD NOR ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, OR ANY THIRD PARTY INFORMATION PROVIDERS AND VENDORS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, INCOME, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, OR DAMAGES CAUSED BY THEFT, UNAUTHORIZED ACCESS, SYSTEMS FAILURE, OR COMMUNICATIONS LINE FAILURE, OR THE COST OF PROCURING SUBSTITUTE GOODS OR SERVICES, CAUSED BY THE USE OF OR INABILITY TO USE THE SITE, MATERIALS, OR ANY PRODUCTS OR SERVICES PROVIDED HEREIN, OR ANY OTHER MATTER RELATING TO THIS SITE, EVEN IF VANGUARD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURSIDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT THAT A JURISDICTION DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN, THE LIABILITY OF VANGUARD AND ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, AND ANY THIRD PARTY INFORMATION PROVIDERS AND VENDORS IS LIMITED TO THE EXTENT PERMITTED BY LAW IN SUCH JURISDICTIONS.
You agree to indemnify, defend, and hold harmless Toosaint, its subsidiaries and affiliates, and each of its and their officers, directors, employees, and agents, from and against all claims, demands, liabilities, damages, losses, or expenses, including attorney's fees and costs, arising out of or related to your improper access to or use of this Site, or any violation by you of these Terms of Use.
Integration and severability
If any provision of these Terms of Use is deemed unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions. These Terms of Use represent the entire agreement between you and Toosaint relating to the subject matter herein.
Our commitment to you
As a Toosaint investor, prospective investor, retirement plan sponsor or participant, or institutional investor, you may entrust to our care not only your money but your personal and financial information as well. We recognize that your relationship with us is based on trust, and that you expect us to act responsibly and in your best interests. When we share client or prospective client information—whether it is your personal information or the fact that you are or may become a Toosaint client—we do so under the circumstances described in this policy.
We use your personal information primarily to respond to your inquiries or requests; to maintain and protect your accounts; to process transactions that you submit; to fulfill our legal obligations; for research and analytical purposes; and to develop, offer, and provide the financial products and services that we offer or sponsor.
The personal information we collect about you
The types of personal information we collect and share depend on the product or service you have with us. Examples of personal information we collect may include, among other things, your name and address, Social Security or taxpayer identification number, date of birth, assets, income, account balances, investment activity, accounts at other institutions, and information collected through your use of our website.
You provide personal information when you complete a Toosaint account application. (If you enter information in an online account application, we may store the information even if you don't complete or submit the application.) You also provide personal information when you request information or materials from us or otherwise interact with Toosaint, as well as when you transact in your accounts or attend virtual events presented by Toosaint.
In addition to personal information you provide to us, we may receive information about you that you authorize other parties to provide to us. We also may obtain personal information from service providers not affiliated with Toosaint in order to verify your identity, to prevent fraud, or to help us identify products and services that may be of interest to you. The information we collect about you may be transferred to or stored by Toosaint or our service providers in the United States or elsewhere, as permitted by law.
We may combine the information collected on our website or through our mobile application with information collected from or about you in other contexts. This may include information collected online, such as through cookies or our email exchanges with you, or from offline sources, such as when you establish your account with us or call customer service. We will treat such combined information in accordance with this policy. If you do not wish to provide information to Toosaint, we may be unable to provide certain products or services to you.
Terms and Conditions
The following terms and conditions constitute a legal agreement (“Agreement”) between Credit Strong, a division of Toosaint, (“Credit Strong”) and you (“you” or “your”) regarding your use of Credit Strong’s Web site (“Site”). Please read all of the following terms and conditions before using this Site. By accessing, browsing, and/or using this Site, you represent and warrant that: you have read, understood, and agreed to be bound by these terms and conditions; this Site may be used by you solely for informational purposes; your use of this Site is subject to all applicable laws and regulations; and, to the extent there is another agreement between you and Toosaint, these terms are supplemental and not a conflicting agreement. If you do not agree to the following terms and conditions, do not access or use this Site.
Limited License
Subject to the terms and conditions set forth in this Agreement, Toosaint grants to you a non-exclusive, non-transferable, limited right and license to: (1) access, use and display this Site and the Content on this Site solely for informational purposes; and (2) view and download the information and materials on this Site (“Content”) only for your personal, non-commercial use. Your use of this Site and its Content are further restricted to your use exclusively for the purpose of evaluating and using Credit Strong’s services. Except as expressly stated herein, you may not copy, reproduce, distribute, republish, download, display, post, or transmit any Content in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Toosaint. You further agree not to interrupt or attempt to interrupt the operation of the Site in any way.
This Site, including all Content, is copyrighted by Toosaint and is protected by U.S. and foreign copyright laws and international treaty provisions. The limited right and license granted above does not transfer title in the Content or any copies of the Content. You agree to retain, on all copies of the Content downloaded, all copyright and other proprietary notices contained in the Content. You may not modify the Content in any way or reproduce or publicly display, perform, or distribute or otherwise use the Content for any public or commercial purpose. You agree to abide by any additional restrictions displayed on the Site as it may be updated from time to time. You agree to comply with all copyright laws and treaties worldwide in your use of this Site and to prevent any unauthorized copying of the Content. Except as expressly provided herein, Toosaint does not grant any express or implied right to you under any intellectual property rights.
Toosaint may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features of the Site, at any time and for any reason. Toosaint may also impose limits on certain features and services or restrict your access to all or parts of the Site without notice or liability. The limited right and license granted above terminates automatically if you breach any of the terms and conditions of this Agreement. Toosaint may also terminate the limited right and license given above at any time for any reasons. Upon any termination of the limited right and license given above, you shall immediately destroy all Content.
Intellectual Property; Information You Provide to Toosaint
All trademarks, servicemarks, trade names, and logos (“Marks”) used and displayed on the Site are registered and unregistered marks of Toosaint or the respective third-party owner. Nothing on the Site is to be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Marks, without the written permission of Toosaint or the owner of the Mark. Credit Strong’s Marks may not be used in any way without prior written permission from an authorized representative of Toosaint.
Any personal identifying information you provide to Toosaint through this Site is protected by Credit Strong’s Web Site Privacy Policy. Except as expressly stated in writing by Toosaint, you agree that Toosaint does not want you to, and you should not, send any confidential or proprietary information to Toosaint through the Site. Any information or materials, including but not limited to remarks, suggestions, ideas, graphics or other submissions, communicated to Toosaint by you or on your behalf through the Site, including but not limited to any related intellectual property, will not be considered confidential or proprietary and will become the exclusive property of Toosaint without compensation. You hereby agree to take whatever further actions may be necessary to assign your rights to the same to Toosaint. Without limiting the foregoing, if any such information or materials is provided to Toosaint, you agree that Toosaint will have an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information and materials for any purpose whatsoever, and you further agree that Toosaint is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to Toosaint.
You are prohibited from posting or transmitting, and you warrant that you will not post or transmit, to or from the Site any unlawful, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material, or any information that incorporates the proprietary information or material of another.
Disclaimer
YOU ACKNOWLEDGE AND AGREE THAT THIS SITE AND THE CONTENT MAY CONTAIN INACCURACIES. AUSTIN CAPITAL BANK, SSB DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT OR THE RELIABILITY OF ANY INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY INFORMATION ON THE SITE IS AT YOUR SOLE RISK. AUSTIN CAPITAL BANK, SSB RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY INACCURACIES OR ERRORS IN ANY PORTION OF THE SITE. AUSTIN CAPITAL BANK, SSB MAY MAKE ANY OTHER CHANGES TO THE SITE, THE CONTENT AND THE PRODUCTS AND SERVICES DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE. THIS SITE AND THE CONTENT ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Links to this Site
Toosaint must approve any link to this Site in advance and in writing. Unapproved links to this site are prohibited. Toosaint is not responsible for the creation, placement, or context of any third-party link to this site or for any warranty, representation, or action of the third-party creating such a link.
Links to Other Web Sites
As a convenience to you, Toosaint may provide, on this Site, links to Web sites operated by third parties. You will leave the Site if you use these other sites. If you visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Toosaint makes no warranty or representation regarding, and does not endorse, any linked Web sites or the information appearing there or any of the products or services described there. Links do not imply that Toosaint or this Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of Credit Strong.
Limitation of Damages
IN NO EVENT WILL AUSTIN CAPITAL BANK, SSB OR ANY OF ITS AFFILIATED COMPANIES BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION PROCESSING SYSTEM) THAT ARE RELATED TO OR ARISE FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE, THE CONTENT, AND/OR FUNCTIONS OF THE SITE OR ANY LINKED WEBSITE, EVEN IF AUSTIN CAPITAL BANK, SSB IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Changes to this Agreement Toosaint reserves the unrestricted right, in its sole discretion, to modify any portion of this Agreement, in whole or in part, at any time. Changes in this Agreement will be effective when the changed terms are posted. Your continued use of the Site after any changes to this Agreement are posted will be considered acceptance of those changes.
Indemnification
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS AUSTIN CAPITAL BANK, SSB FROM AND AGAINST ALL DAMAGES, CLAIMS, LIABILITIES AND EXPENSES (INCLUDING ATTORNEYS’ FEES) BROUGHT BY ANY PERSON ARISING FROM OR RELATING TO YOUR ACCESS AND USE OF THE SITE, INCLUDING WITHOUT LIMITATION ANY CLAIMS ALLEGING FACTS THAT IF TRUE WOULD CONSTITUTE A BREACH BY USER OF THESE TERMS AND CONDITIONS.
International Users and Choice of Law
This Site is controlled, operated and administered by Toosaint from its offices within the United States of America. Toosaint makes no representation that any Content is appropriate or available for use at locations outside of the United States. You may not use the Site or export the Content in violation of U. S. export laws and regulations. If you access this Site from a location outside of the United States, you are responsible for compliance with all local laws, rules and regulations. The terms and conditions of use of this Site shall be governed by the laws of the State of Texas, without regard to its conflicts of laws provisions. You and Toosaint agree, to the maximum extent permitted by applicable law, to submit to the personal and exclusive jurisdiction of the state or federal courts located within Travis County, Texas and that venue for any proceeding arising out of or relating to this agreement shall be Travis County, Texas.
Miscellaneous
This Agreement constitutes the entire agreement between Toosaint and you with respect to your use of the Site and any Content. Any cause of action you may have with respect to your use of the Site or any Content must be commenced within one hundred and eighty (180) days after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect.