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Important Legal Information The information on this page includes important legal information governing the terms of use of this website and regarding certain business programs that AST has implemented which may affect its clients.
Terms and Conditions of Use
Anti-Money Laundering Program
Business Resumption Plan Terms and Conditions of Use This website is a service made available by AST Capital Trust Company of Delaware ("AST") and all content, information and software (the “Content”) provided on or through this website may be used solely under the following terms and conditions. All references to this website shall hereinafter include any affiliated websites. The Content is provided for general informational purposes only.
THE FOLLOWING REPRESENTS THE TERMS AND CONDITIONS OF USE OF THIS WEBSITE. PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING THIS SITE AND ANY PAGES THEREOF, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OUTLINED BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT ACCESS THIS SITE, OR ANY PAGES THEREOF.
Certain sections of this website may contain separate conditions of use, which are in addition to these Terms and Conditions of Use. Users should read those additional conditions of use carefully. In the event of a conflict, those additional conditions of use will govern access to and use of those sections.
Except as otherwise specifically agreed in writing or as provided in any other applicable terms and conditions (i) nothing on this website is an offer which can be accepted so as to create contractual obligations without further action by AST; (ii) AST provides no advice with respect to the use of the website (including, without limitation, regarding the execution of transactions or any legal, tax or accounting advice or advice regarding the suitability or profitability of a security or transaction by means of the website); and (iii) the website is not intended as financial advice or as an offer, solicitation or recommendation of securities or other financial products, and users should obtain independent financial advice that addresses their particular investment objectives, financial situation and needs before making investment decisions.
Web Site LicenseAs a user of this website, you are granted a non-exclusive, non-transferable, revocable, limited license to access and use this website in accordance with these Terms and Conditions of Use. AST may terminate this license at any time for any reason.
Permitted Uses and Restrictions On UseAll documents and information contained on this website are protected by copyright. Except as specifically provided herein, no documents or information on this website may be reproduced in any form or by any means without the express written consent of AST. Third party trademarks, logos, and service marks appearing on this website are property of their respective owners. All other trademarks, logos, and service marks are property of AST or a related entity of AST.
Use of the Content on this website is limited to lawful business purposes. You may not reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from this website or the Content. You may not use any network monitoring or discovery software to determine the site architecture, or extract information about usage or users. You may not use any robot, spider, or other automatic device or manual process to monitor or copy this website or the Content without AST’s prior written permission. You may not copy, modify, reproduce, republish, distribute, display or transmit for commercial, non-profit or public purposes all or any portion of this website, except to the extent permitted above. Copies made with AST’s permission must not be modified and must contain the copyright notice. You may not use or otherwise export or re-export this website or any portion thereof, the Content or any software available on or through this website in violation of the export control laws and regulations of the United States of America.
Unauthorized use of this website, including, but not limited to, unauthorized entry into AST’s systems, misuse of passwords, or misuse of any information posted to this website, is strictly prohibited.
This website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation.
Third Party ContentCertain of the information contained on this site is provided by third parties. Although the information made available to you on this site is obtained or compiled from sources AST believes to reliable, AST does not warrant or guarantee the timeliness, accuracy, completeness or applicability of such information. AST shall have no liability for any actions or investment decisions taken or made on account of such information, or on account of any other information contained in this website. Except as otherwise indicated, AST does not sponsor, endorse, or approve the contents of any third party websites and accepts no responsibility for information provided on any such sites.
No Legal, Accounting or Other Professional AdviceContent contained on or made available through this website is not intended to and does not constitute legal, accounting or other professional advice. If legal, accounting or other professional advice or assistance is needed, the services of a competent, independent legal counsel, accountant or other professional in the relevant jurisdiction should be sought.
Intellectual Property RightsExcept as expressly provided in these Terms and Conditions of Use, nothing contained herein shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights. You agree that this website is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
Except as otherwise specified elsewhere on this website or as required by law, all information submitted to AST via this website shall be deemed the property of AST and AST shall be free to use, for any purpose, any idea, concept, know-how or technique contained in information provided by any visitor to this website. AST shall not be subject to any obligations of confidentiality regarding submitted information except as otherwise specified in AST’s Privacy Policy or as required by law.
Linking to the Web SiteYou may not link to this website without the prior written consent of AST. If permitted, you may provide links only to the homepage of this website, provided you do not remove or obscure, by framing or otherwise, any portion of the homepage and you discontinue providing links to this website if requested by AST.
RegistrationSome sections of this website may require registration. If registration is requested, you agree to provide AST with accurate, complete information. It is your responsibility to inform AST of any changes to that information. Each registration is for a single person only, unless specifically designated otherwise on the registration page. AST does not permit any other person using the sections under your name or access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use.
DisclaimersALL INFORMATION PROVIDED ON THIS WEBSITE IS PROVIDED ON AN “AS IS” BASIS. AST DOES NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION AND MATERIALS CONTAINED ON THIS WEBSITE AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE MATERIALS AND INFORMATION. AST DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
If you live in a state that does not allow disclaimers of implied warranties, this disclaimer may not apply to you.
Limitation of LiabilityAST WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, FAILURE OR INTERRUPTION OF THIS WEBSITE, COMPUTER VIRUSES, MALICIOUS CODE, OR OTHER DEFECT IN THIS 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. UNDER NO CIRCUMSTANCES WILL AST BE LIABLE FOR ANY DAMAGES, LOST PROFITS, LOST OPPORTUNITY OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF ANY USE OF OR INABILITY TO USE THIS WEBSITE OR ANY PORTION THEREOF, REGARDLESS OF WHETHER AST 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. AST PROVIDES NO REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
Remedies for ViolationsAST reserves the right to seek all remedies at law and in equity for violations of these Terms and Conditions of Use, including but not limited to the right to block access from a particular Internet address to AST's website and its features.
Governing Law and VenueAll matters pertaining to accessing or using this website shall be governed by, construed, and interpreted in accordance with applicable Federal law of the United States of America and the laws of the state of Delaware, without reference to the choice of law doctrine of that state. All legal proceedings, whether at law or in equity, related to this website and/or its contents shall be filed in and adjudicated solely in the state or federal courts located in New Castle County, Delaware.
SeverabilityIn the event any of the terms or provisions of these Terms and Conditions 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 as comes closest to the intention underlying the unenforceable term or provision.
ModificationsThe information contained on this website may be changed or updated without notice. AST may also make changes in the products and/or programs described in this website at any time without notice to any party.
AST reserves the right, in its sole discretion, to modify, add, or remove any of these Terms and Conditions of Use at any time without notice. Visitors should check this page for changes each time they visit this website. Continued use of this website following the posting of changes to these Terms and Conditions of Use will constitute acceptance of these changes.
[Top] Anti-Money Laundering ProgramAs a financial institution, AST is subject to the USA PATRIOT Act which was enacted to help the government fight the funding of terrorism and money laundering activities. The PATRIOT Act requires that financial institutions establish a compliance program and system of controls designed to assist the government in these efforts. AST is dedicated to the fight against money laundering, and, to that end, has implemented a comprehensive program (“AML Program”) consistent with the requirements of law. AST’s AML Program includes:
- A reporting system that allows us to detect and report suspicious transactions to the government and to ensure ongoing compliance with legal requirements;
- An independent audit of the AML Program to test the effectiveness of the program;
- A designated compliance officer to coordinate and monitor compliance on a daily basis; and
- Specialized training for appropriate personnel.
The PATRIOT Act also requires all financial institutions to adopt a “Know Your Customer” identification program – this program should be designed to obtain, verify, and record information that identifies each client with whom the financial institution does business and to determine the source of funds in a client’s account. While we have always believed that we need to truly know our customers in order to best serve them, we have also implemented a “Know Your Customer” program compliant with the PATRIOT Act requirements. What this means for you is that, if you wish to open an account with AST, we will ask for your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see your driver’s license or other identifying documents.
While AST is committed to complying with the requirements of law, you may rest assured that your personal information will be protected and held confidential. Because your personal and financial data is your private information, AST holds itself to the highest standards in its safekeeping and use and has established policies and practices designed to ensure that your personal information remains confidential. Please review our Privacy Policy for how we protect our client’s confidential information.
[Top] Business Resumption PlanAST has always emphasized safety, security, and soundness as its core concerns. Maintaining the stability and viability of our clients’ data is of utmost importance. With this in mind, AST has established a Business Resumption Plan ("BRP") which will allow us to continue vital business operations in the event of an unplanned business interruption. AST is committed to employing all appropriate strategies for anticipating and controlling crisis situations.
To accomplish this, AST maintains an off-site co-location, which includes full backup of all data, daily differential backups, and real time replication of data and critical application databases. This facility also accommodates employee workstations for continued seamless operations.
All support data replication and disaster recovery capabilities are rigorously tested on a routine basis to demonstrate that AST is able to conduct all critical systems functions from the off-site location. Two-hour resumption of critical data processing operations, including all key operational and trading functions, is projected. Although we believe we have implemented a sound BRP consistent with industry best practices, we cannot be certain that we will be able to recover all of our systems in the event of a significant business interruption.
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