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Terms of Use

NDTCO Website

Welcome to the New Direction Trust Company website (“site”). The following terms and conditions will apply to anyone who visits the site and/or utilizes services offered on the site. Please review them with care, as use of or access to this site or its services will constitute user agreement to these terms and conditions. We recommend users who are unwilling or unable to comply with this agreement leave this site immediately.

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.

Compliance with Terms, Conditions, and Laws

Users agree to these terms and conditions by virtue of their use of our site and/or services. 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:

We may include, within our published content, links to third-party websites that may redirect you from our site. Unless otherwise noted, NDTCO does not control or operate published information on any third-party site, nor do we recommend or endorse their offered products or services. Users agree that they may access these websites at their own risk; that NDTCO makes no warranty or representation and assumes no responsibility for the actions or omissions of third-party website owners or their parent companies; that NDTCO does not endorse or assume responsibility for products or services offered by third-party websites or their parent companies; that, while NDTCO may have a business relationship with a third-party website or its parent company, we are not responsible for the accuracy or integrity of their content, products, or services; and that NDTCO is to be held harmless in relation to the actions and omissions of third-party companies.

Limitation on Warranty & Liability Disclaimers

THIS SITE IS PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. NDTCO AND ITS SERVICE PROVIDERS MAKE NO IMPLIED OR EXPRESS WARRANTY REGARDING THIS SITE, PUBLISHED CONTENT, OFFERED SERVICES, THE PRODUCTS OR SERVICES OF LINKED THIRD-PARTY WEBSITES OR THEIR PARENT COMPANIES, OR THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. ALL WARRANTIES ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NDTCO ASSUMES NO RESPONSIBILITY FOR SITE UNAVAILABILITY, FOR TECHNICAL ISSUES LIKE VIRUSES THAT RESULT FROM VISITING THIRD-PARTY WEBSITES, OR FOR THE CONTENT, PRODUCTS, OR SERVICES OFFERED BY THIRD-PARTY WEBSITES OR THEIR PARENT COMPANIES. NO WARRANTY SHALL RESULT FROM PUBLISHED OR AVAILABLE CONTENT ON THIS SITE. UNLESS STIPULATED TO THE CONTRARY BY LAW, NDTC MAY NOT BE HELD LIABLE FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, INCIDENTAL, SPECIAL CIRCUMSTANCE, OR OTHER SUCH DAMAGES, REGARDLESS OF FORSEEABILITY, INCLUDING CLAIMS FOR LOSS OF PROFITS, GOODWILL, DATA, STOPPAGE OF WORK OR IMPAIRMENT OF ASSETS, OR USE OF MONEY OR PRODUCTS, HAVING RESULTED FROM A BREACH OF IMPLIED OR EXPRESS WARRANTY OR CONTRACT, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY, OR SUCH CIRCUMSTANCES.

State law may not allow the limitation or exclusion of certain damages or limitations on implied warranties. Not all terms and conditions set forth in this Agreement may apply to all users in accordance with effective laws in their individual states of residence.

NDTCO may not be held liable for any failure or delay in website or service performance resulting from circumstances that occur outside our scope of reasonable control; natural disasters; actions or omissions by the government; the introduction or revision of law, governmental regulation or guidelines, or payment system rules; acts of terrorism; labor strikes or other such organized work interruptions; failures in hardware, software, or communication systems that we may not reasonably rectify or prevent; computer viruses introduced by third-party websites; failure to verify user identity or obtain user authorization to act having made reasonable efforts to conduct either action; or an inability to re-acquire access, or the materials or supplies necessary to re-acquire access, to the networks that host our site and/or services.

Through their use of our site and/or services, users agree to indemnify, defend, and hold NDTCO, its affiliates, any vendors that contribute to the provision of our services, and our officers, directors, staff members, and other agents harmless in all claims, proceedings, actions, damages, and costs incurred (e.g. legal fees) related to or resulting from user patronage of our site or services; any actions or omissions of third-party websites or their parent companies; our compliance with instructions received by users in conjunction with their passwords or security codes; or user breach of these terms and conditions.

Proprietary Information

Users agree and acknowledge that the copyright, trademark, patent, trade secret, and other such proprietary rights regarding the technology, graphics, designs, marks, and software used for this site and related services are proprietary to our licensors and to NDTCO. Users will not gain ownership or other such rights, including interest in or title to content in accordance with this Agreement. Users may not modify, reverse engineer, or de-compile any technology made publicly available on the NDTCO site. Users agree not to "screen-scrape" as a means of obtaining information about other site users. Users agree to comply with the license agreements of any software we make available to them.

Termination

NDTCO reserves the right to terminate individual use of our site and/or services at any time and for any reason. Termination of use will not nullify the terms and conditions of this Agreement, nor will it relieve users of obligations incurred prior to termination.

Amendments

NDTCO may add, delete, or modify terms of this Agreement. We may post a fully revised Agreement on our site or issue written or electronic notices to all affected users. Upon implementation and subsequent notice of any modifications to this Agreement, continued use of our site and/or services will constitute acknowledgement of all changes. As such, user review of this Agreement on a regular basis is recommended.

Governing Law

This Agreement has been prepared and will be upheld in accordance with the laws of the State of Colorado. The interpretation, validity, and legal effect of this Agreement will be governed as such and without reference to applicable conflict of law provisions. NDTCO does not affirm that the content, products, or services presented on our site are available or appropriate in all locations. Accessing our site from outside Colorado or the United States may subject the user to applicable local laws.

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.

Severability

Invalidation, through unenforceability or outdated applicability, of one or multiple parameters will not invalidate this entire Agreement. Invalid elements will be reviewed and adjusted before being re-introduced into the comprehensive Agreement.

Waiver

Valid waiver of these provisions must be provided in writing. Usage of trade, practice, or custom will not result in a valid waiver.

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