Blank Announcement

End User License

Agreement (EULA)


General:

You are currently viewing a page of the NDTCO.com website, mobile application or a related New Direction Trust Company digital platform (“Platform”) belonging to New Direction Trust Company (“New Direction”). These General Terms of Use (“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 account holder 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. 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. Subscriber acknowledges and agrees that such system requirements, which may be changed from time to time, are Subscriber’s responsibility. Information regarding minimum system requirements to access and use the Platform can be found at the bottom of the page.

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 licensees. 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 New Direction 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). 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 to respect to any investment or investment sponsor linked to any of the platforms, or any investments you may 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.

Privacy:

Your use of the Platform or Services is subject to the New Direction Digital Privacy and Cookies Policy which can be found at the end of the EULA By accessing or using the Platform or Services, you understand and agree that New Direction may collect and retain personal or other information about you or the device you use to access the Platform or Services.

Feedback:

You agree that any and all suggestions, comments, and feedback that you submit at or via this Platform in connection with any New Direction products and services (“Feedback”) shall be deemed to be non-confidential, except as otherwise specifically agreed or required by law. New Direction also shall be free to use any Feedback without any restriction of any kind. Such Feedback may include ideas for new or improved products or services, concepts, know-how, techniques, etc.

Chat: 

At any time and in connection with any product or service that New Direction provides, New Direction may make interactive online chat (“Chat”) service available to you. New Direction makes no warranty that the Chat service will be available at any particular time or be free of fault or error.

If you are under the age of 13 years old and are invited to use the Chat service, you must not use the Chat service and you must leave the Platform.

During your use of the Chat service, you may interact with a bot, chatbot, Virtual Assistant, Digital Banker, or other non-human (each, a “Chatbot”). We will disclose the use of the Chatbot to the extent required by applicable law.

The Chat service is provided as a convenience, often to facilitate your understanding of New Direction’s products, services, and online applications. Our Chat service will try to provide you with accurate and current information based on your question or need. Nothing we communicate in the Chat service will be considered a legal agreement, representation, or warranty as to our products, services, processes, decisions, or response times. Providing or participating in the Chat service does not constitute consent by you or us to use electronic records and signatures as a substitute for written documents.

You will not use the Chat service to send any abusive, defamatory, dishonest, or obscene message, and doing so may result in termination of the Chat service session.

Access Code:

In connection with online applications for certain New Direction products or services (such as, but not limited to, account applications or payment requests to third parties) available via the Platform, New Direction may send you a unique access code or other token to help you complete, review, or track your applications or payment requests. Such access code or token is intended to be only used by you and you must not share it with anyone.

Disclaimer and Limitations of Liability: 

THE SERVICES, INCLUDING THE PLATFORM (INCLUDING ALL CONTENT, FUNCTIONALITY, AND MATERIALS), ARE OFFERED BY NEW DIRECTION ON AN “AS IS,” “AS AVAILABLE,” “WHERE IS,” AND “WHERE AVAILABLE” BASIS, WITH NO WARRANTY OF ANY KIND—WHETHER EXPRESS, IMPLIED, OR STATUTORY—INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. THIS DOES NOT AFFECT THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF USE.

YOU ACKNOWLEDGE THAT NEW DIRECTION, ITS OR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, UNAFFILATED THIRD PARTY PROVIDERS, OR LICENSORS WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, OR AS TO THE TIMELINESS, SEQUENCE, ACCURACY, RELIABILITY, COMPLETENESS, OR CONTENT OF ANY INFORMATION, SERVICE, OR PRODUCT PROVIDED THROUGH THE SERVICES. NEW DIRECTION DOES NOT ENDORSE PRODUCTS OR SERVICES APPEARING ON LINKED PLATFORMS OR PURCHASED VIA LINKED PLATFORMS.

TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT SHALL NEW DIRECTION BE RESPONSIBLE FOR ANY LOSS OF ANY KIND, INCLUDING LOSS ASSOCIATED WITH ANY COMPUTER VIRUSES WHICH MAY INFECT YOUR COMPUTER SYSTEM OR MOBILE DEVICE, PROPERTY DAMAGE, AND BODILY INJURY, WHETHER CAUSED BY ACCESS TO OR USE OF THE SERVICES OR THE PLATFORM. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT SHALL WELLS FARGO BE RESPONSIBLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, LOST PROFITS, ECONOMIC OR OTHER DAMAGES ARISING IN ANY WAY OUT OF THE INSTALLATION OR USE (OR INABILITY TO USE) OF THE SERVICES, THE PLATFORM, ANY ONLINE SERVICES OR ANY INTERNET BROWSER SOFTWARE AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.

Indemnification:

If you believe in good faith that materials available on the Platform infringe your copyright, you (or your agent) mYou agree to defend, indemnify, and hold harmless New Direction (and all of its direct and indirect subsidiaries) and each of their respective directors, officers, employees, agents, successors, and assigns from and against all losses, liabilities, damages, claims and expenses, including attorneys’ fees, arising out of, relating to, or resulting from your violation of these Terms of Use or misuse of the Service or the Platform, including such violation or misuses conducted by your employee or agent.

Enforceability and Governing Law:

These Terms of Use constitute a contract between you and New Direction governed by the laws of the state of Kansas (United States of America), with the exception of its conflicts of law’s provisions. In the event any of the terms or provisions of these Terms of Use shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired and the unenforceable term or provision shall be replaced by such enforceable term or provision that comes closest to the intention underlying the unenforceable term or provision. These Terms of Use shall be subject to any other agreements you have entered into with New Direction.

The Platform is hosted in the United States. If you are accessing this Platform from outside the United States, you may be subjecting yourself to United States law, which may differ from your local laws, including laws that govern personal data collection, use, and disclosure. In your use of this Platform or Service, you may transfer certain personal information to the United States. You consent to that transfer and you consent to the application of United States law.

Miscellaneous:

You agree and understand that effective use of the Platform will require your browser to use software plug-ins and modules, including, without limitation, JavaScript, in order to correctly display content and utilize features on the Platform. Additionally, you agree and understand that you may be required to update or use the latest versions of your browser or operating systems for the most effective use of the platforms. You agree and understand that if you do not use the latest versions of browsers or operating systems you may not be able to access the digital platforms. You understand and agree to hold New Direction harmless for any losses that may occur because of a lack the functionality of the Digital Platform which are a result of you not using the most recent version of your browser or operating system.

Additional Information:

You view additional information regarding New Direction platforms on the Privacy Policy and myDirectionProTM Privacy Agreement.