NDTCO Website
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE. ANY CHANGES WILL BE INCORPORATED INTO THE TERMS AND CONDITIONS POSTED TO THIS WEBSITE FROM TIME TO TIME. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS THIS WEBSITE. THE USE OF OR ACCESS TO THIS SITE OR ITS SERVICES WILL CONSTITUTE USER AGREEMENT TO THESE TERMS AND CONDITIONS.
Unauthorized use of NDTCO’s websites and systems, including but not limited to unauthorized entry into NDTCO’s systems, misuse of passwords, posting of objectionable or offensive content of unauthorized use of legally protected third-party content, or misuse of any information posted to a site, is strictly prohibited.
You acknowledge that NDTCO may disclose and transfer information that you provide through our websites and systems to (i) any company within NDTCO Group, its affiliates, agents, or information providers, (ii) to any other person or entity with your consent, (iii) if we have the right or duty to disclose or are permitted or compelled to do so by law. You consent to the transmission or transfer or processing of such information to, through any country in the world, as NDTCO deems necessary or appropriate (including to countries outside the EEA), and by using and providing information through NDTCO systems or websites you agree to such transfers. Use of NDTCO’s websites and systems including any patterns or characteristics concerning your interaction with it, may be monitored, tracked, and recorded. Anyone using NDTCO websites and systems expressly consents to such monitoring or tracking.
Original material published on this site is subject to intellectual property laws. Users are automatically granted access to content through a non-exclusive licensure with the ability to print or copy materials exclusively for their personal use. New Direction Trust Company (“we”, “us”, “NDTCO”) reserves all rights apart from the situations described above. Users are prohibited from, among other actions and apart from private use purposes, reproducing, distributing, adapting, displaying, or performing NDTCO content via electronic, printed, or any other such media. Use of NDTCO content for commercial purposes is expressly prohibited.
NDTCO reserves the right to add, delete, or modify terms, conditions, or services. Some services may carry terms, conditions, or limitations apart from or in addition to those listed below. Please review the individual pages of our site for more information about the terms and conditions of the services offered therein. NDTCO assumes no responsibility for unavailable services or for services that fail to meet individual user requirements.
You agree not to attempt to log on to NDTCO websites and systems from any country under sanctions by the Office of Foreign Asset Control (OFAC). Information regarding which countries are under sanction may be obtained on the U.S. Department of the Treasury website. Any attempt to log on to the website from one of these countries may result in your access being restricted and/or terminated.
If you use NDCO’s website or systems to access data related to any account(s) of which you are not the owner or authorized user as reflected in NDTCO’s websites or systems, you shall indemnify, defend, and hold harmless NDTCO and all of its direct and indirect subsidiaries, officers, directors, employees, agents, successors, and assigns from all losses, liabilities, damages, and all related costs and expenses arising from, relating to, or resulting (directly or indirectly) from such access. Further, without limiting NDTCO’s rights or your obligations under any provisions of these terms and conditions, and notwithstanding the same, in the event of any actual or reasonably suspected unauthorized access to the personal information of an NDTCO customer (including but not limited to customer names, addresses, phone numbers, bank and credit card account numbers, income and credit histories, and social security numbers) under your control or subsequent to and arising from your past exercise or control, direct damages in connection with any such breach will include the cost and expenses of restoration of any destroyed, lost or altered data, notification to affected customers, offering and providing of credit monitoring, customer service, or other remediation services, and any related costs. NDTCO rights to indemnity under this section are in addition to all other rights and remedies available at law or in equity. Any exercise by NDTCO of its rights and remedies available at law or equity. You manifest your assent to this indemnity by accessing account data through NDTCO websites or systems, notwithstanding the terms of any agreement you have with a customer or an account owner stating otherwise. This indemnity includes but is not limited to losses associated with (1) a data breach of your system(s) and (2) a data breach of the system(s) of any person or entity with whom you provided or shared NDTCO customer account data.
Copyright Notices
The works of authorship contained in the NDTCO.com website (herein the “Website”), including but not limited to all design, text, sound recording, and images, are owned, except as otherwise expressly stated, by NDTCO. Except as otherwise expressly stated herein, they may not be copied, transmitted, displayed, performed, distributed (for compensation or otherwise), licensed, altered, framed, stored for subsequent use, or otherwise used in whole or part in any manner without NDTCO’s prior written consent, except to the extent permitted by the Copyright Act of 1976 (17 U.S.C. § 107), as amended, and then, only with notices of NDTCO’s proprietary rights provided that you may download information and print out hard copies for your personal use, so long as you do not remove the copyright or other notice as may be contained in information, as downloaded.
Trademark Notices
NDTCO is the marketing name for the retail financial services activities of New Direction Trust Company and its subsidiaries and affiliates in the United States. “NDTCO,” “New Direction,” and the NDTCO logo are trademarks of New Direction Trust Company. Other featured words or symbols, used to identify the source of goods and services, may be the trademarks of their respective owners.
Web Content and Materials
The website on this website is for informational purposes only. It is believed to be reliable, but NDTCO does not warrant its completeness, timeliness, or accuracy. The information on the website is not intended as an offer or solicitation for services.
The information and materials contained on this website and the terms and conditions of the access to and use of such information and materials are subject to change without notice. The products and services described, as well as associated fees, charges, and balance requirements may differ.
The NDTCO.com website and the portal.ndtco.com/login (Client Account Portal) contain separate terms and conditions, which are in addition to these terms and conditions. In the event of a conflict, the additional terms and conditions will govern those sections or pages. In addition, certain portions or pages of this website are subject to additional disclosures and disclaimers. In the event of a conflict between those disclosures and disclaimers, and these terms and conditions, the additional disclosures and disclaimers will govern those portions or pages.
You agree that (i) you will not engage in any activities related to the website that are contrary to applicable law, regulation, or the terms of any agreements you may have with NDTCO and (ii) in circumstances where locations of the website require identification for process, you will establish commercially reasonable security procedures and controls to limit access to your password or other identifying information to authorized individuals.
NDTCO OR ITS SUPPLIERS MAY DISCONTINUE OR MAKE CHANGES IN THE INFORMATION, PRODUCTS, OR SERVICES DESCRIBED HEREIN AT ANY TIME WITHOUT PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU. ANY DATED INFORMATION IS PUBLISHED AS OF ITS DATE ONLY, AND NDTCO DOES NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY SUCH INFORMATION. NDTCO RESERVES THE RIGHT TO TERMINATE ANY OR ALL WEBSITE OFFERINGS OR TRANSMISSIONS WITHOUT PRIOR WRITTEN NOTICE TO THE USER. FURTHER, BY OFFERING THIS WEBSITE OR SUCH INFORMATION, PRODUCTS, OR SERVICES IN JURISDICTIONS WHERE THE PROVISION OF THE WEBSITE AND SUCH INFORMATION, PRODUCTS, OR SERVICES IS PROHIBITED BY LAW.
Potential Disruption of Service
Access to the website may from time to time be unavailable, delayed, limited, or slowed due to among other things:
1. Hardware failure, including failures of computers (including your own computer), servers, networks, telecommunication lines and connections, and other electronic and mechanical equipment.
2. Software failure including bugs, errors viruses, configuration problems, incompatibility of systems, utilities, or applications, the operation of firewalls or screening, programs, unreadable codes, or irregularities without documents or other content.
3. Overload of system capabilities
4. Damage caused by severe weather, earthquakes, wars, insurrection, riots, civil commotion, acts of God, accident, fire, water damage, explosion, mechanical breakdown, or natural disasters.
5. Interruption (whether partial or total) of power supplies or other utility of service.
6. Strike or other stoppages (whether partial or total) of labor.
7. Governmental or regulatory restrictions, exchange rulings, court or tribunal orders, or other human intervention.
8. Any other cause (whether similar or dissimilar to any of the foregoing) whatsoever beyond the control of NDTCO.
Compliance with Terms, Conditions, and Laws
Users further agree to refrain from activities that may encourage others to violate any laws or regulations; promote the abuse, harassment, stalking, defamation, impersonation, or invasion of privacy of others; infringe on the rights of a third-party individual or entity through theft of intellectual property, obstruction of one’s ability to conduct legal business, violation of contractual or fiduciary rights, or any other such malicious measures; engage in the transmission of “spam” or “junk” e-mails or attempt to solicit participation in chain letters, pyramid schemes, or others such fraudulent business models; interfere with site functionality or the functionality of other linked websites; or utilize offered services for the purpose of disseminating abusive, offensive, or obscene messages to others. Users must simultaneously comply with the terms and conditions of their internet service providers, hosting services, telecommunication services, networks, servers, databases, and individual third-party websites they access in tandem with the site and services offered through the site.
Privacy & Security
Users may review our Privacy Policy for information regarding the collection, disclosure, and protection of their personally identifiable information, as well as our terms of confidentiality and the procedures we implement in upholding these practices. Users agree to notify NTDCO as promptly as possible when they become aware of or suspect unauthorized use of their account or detect a confidentiality breach in either their personal account records or in our site and/or services. They further agree to refrain from actual or attempted acquisition of non-public personal information from the password-protected or otherwise safeguarded areas of the NDTCO site.
Third-Party Links and Advertisements
Links to non-NDTCO websites are provided solely as pointers to information on topics that may be useful to the websites and/or NDTCO customers, and NDTCO has no control over the content on such non-NDTCO websites. If you choose to link to a website not controlled by NDTCO, NDTCO makes no representations or warranties, either expressed or implied concerning the content of such site, including the accuracy, completeness, reliability, or suitability thereof for any particular purpose nor does NDTCO warrant that each site or content is free from any claims of copyright, trademark or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination. NDTCO does not guarantee the authenticity of the documents on the Internet. Links to non-NDTCO websites do not imply any endorsement of or responsibility for the opinions, ideas, products, information, or services offered at such sites, or any representation regarding the content on such sites.
Limitation on Warranty & Liability Disclaimers
BECAUSE OF THE POSSIBILITY OF HUMAN AND MECHANICAL ERROR AS WELL AS OTHER FACTORS, THE WEBSITE (INCLUDING ALL INFORMATION AND MATERIALS CONTAINED ON THE WEBSITE) IS PROVIDED “AS IS” “AS AVAILABLE”. NDTCO AND THIRD-PARTY DATA PROVIDERS ARE NOT PROVIDING ANY WARRANTIES AND REPRESENTATIONS REGARDING THE WEBSITE. NDTCO AND THIRD-PARTY DATA PROVIDERS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE WEBSITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR FITNESS FOR ANY PARTICULAR PURPOSE. FURTHER, NDTCO WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, INACCURACY OF INFORMATION, COMPUTER VIRUSES, MALICIOUS CODE, OR OTHER DEFECT IN THIS WEBSITE, OR FOR THE INCOMPATIBILITY BETWEEN THIS WEBSITE AND FILES AND THE USER’S BROWSER OR OTHER SITE ACCESSING PROGRAM. NOR WILL NDTCO BE LIABLE FOR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND NDTCO’S CONTROL. NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS.
NDTCO AND THIRD-PARTY DATA PROVIDERS DO NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION AND MATERIALS CONTAINED ON THE WEBSITE AND EXPRESSLY DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THE MATERIALS AND INFORMATION. FURTHERMORE, NDTCO AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, COMPUTER VIRUSES, MALICIOUS CODE, OR OTHER DEFECT IN THE WEBSITE, ANY INCOMPATIBILITY BETWEEN THE WEBSITE AND THE USER’S FILES AND THE USER’S BROWSER OR OTHER SITE ACCESSING PROGRAM, OR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND NDTCO AND ITS AFFILIATES’ CONTROL. NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS. NOTHING HEREIN SHALL BE CONSTRUED AS LIMITING OR REDUCING NDTCO’S RESPONSIBILITIES AND OBLIGATIONS TO CLIENTS IN ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS.
UNDER NO CIRCUMSTANCES WILL NDTCO BE LIABLE FOR ANY LOST PROFITS, LOST OPPORTUNITY, OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF ANY USE OF OR INABILITY TO USE THE WEBSITE OR ANY PORTION THEREOF, REGARDLESS OF WHETHER NDTCO HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT, (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.
Enforceability and Governing Law
In the event any of the terms or provisions of these Terms and Conditions 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 as comes closest to the intention underlying the unenforceable term or provision. These Terms and Conditions shall be subject to any other agreements you have entered into with NDTCO. The user’s access to and use of NDTCO.com and the terms of this disclaimer are governed by the laws of the State of Kansas.
Minors
NDTCO will never collect information from persons we know to be under the age of majority. If we discover personally identifying information of a minor in our possession, we will delete the information from our system immediately.
Notices
You may submit notices or requests to our office through any of the following means:
Phone: 877.742.1270
Email: info@ndtco.com
Mail: New Direction Trust Company
1070 W Century Drive
Louisville, CO 80027
NDTCO may issue notices via physical mail, e-mail, or by posting applicable information to this site.