Terms of Use

This web site located at www.cibcatlantictrust.com (“Web Site”) developed, distributed and owned by Atlantic Trust Group, LLC  (collectively with its subsidiaries, “CIBC Atlantic Trust”, “we”, “our”, “us”) shall be referred to collectively as the “Web Site”. You may use the Web Site only if you agree, without modification, to these Terms of Use (“Terms”). Please read the Terms carefully before continuing. By using the Web Site you signify acceptance of our Terms. The term Web Site includes any other web site owned, operated, licensed, or controlled by CIBC Atlantic Trust. The terms “you” and “your” mean you and any entity you may represent in connection with the use of the Web Site. These Terms are in addition to any other agreements between you and CIBC Atlantic Trust, including any customer or account agreements, and any other agreements that govern your use of information, content, tools, products and services available on and through the Web Site. You may use your browser to download or print out a copy of these Terms for your records.

These Terms were last updated on July 25, 2013.

1. No investment advice or recommendations

The Web Site and their content are provided as a public service to the customers of CIBC Atlantic Trust and its affiliates and are for information and education purposes only. None of the information provided through the Web Site constitutes investment advice, and the views expressed should not be taken as advice to buy or sell any security. Decisions based on information contained or provided through the Web Site are your sole responsibility and at your own risk.

Nothing on or in the Web Site shall be considered a solicitation or offer to buy or sell any security, future, option or other financial instrument or to offer or provide any investment, tax, financial or legal advice or service to any person in any jurisdiction. Any overviews provided through the Web Site are intended to be general in nature. While intended to be helpful, these overviews are no substitute for professional tax, financial or legal advice. Investors should seek such professional, financial or legal advice for their particular situation.

If you wish to obtain further details about any information contained in our Web Site, please select or click here to contact us.

The views expressed through the Web Site were prepared by CIBC Atlantic Trust based upon the information available at the time such views were written. Changed or additional information could cause such views to change.

2. Jurisdictional issues and applicable law

Unless otherwise specified, CIBC Atlantic Trust controls, operates and services the Web Site from our offices within the State of Georgia, United States of America. The services and products described and information provided through the Web Site are directed to and are intended to be made available only to persons in the United States and are not intended for distribution to, or use by, any person in any other country or any jurisdiction where such distribution or use would be contrary to law or regulation or that would subject CIBC Atlantic Trust or any of its affiliated persons[GL1]  to any registration requirement within such jurisdiction or country. Persons who access the Web Site do so on their own initiative, and are responsible for compliance with applicable local laws or regulations.

The laws of the State of Georgia and applicable U.S. federal law shall govern these Terms. If you take legal action relating to these Terms, you agree to file such action only in state court in Fulton County, Georgia, or federal court within the Northern District of Georgia, and you consent and submit to the personal jurisdiction of those courts for the purposes of litigating any such action.

3. Modification of Web Site

CIBC Atlantic Trust reserves the right, at our discretion, to change these Terms and the contents of the Web Site at any time without further notice by posting updated Terms here. We suggest that you review these Terms periodically for changes. The Terms can be accessed from links on the home page and other pages of the Web Site. If you use the Web Site after we post changes to these Terms, you accept the changed Terms. CIBC Atlantic Trust and its affiliates may also offer other services from time to time that are governed by different terms and conditions.

4. Monitoring of Web Site

CIBC Atlantic Trust expressly reserves the right to monitor any and all use of the Web Site. CIBC Atlantic Trust is under no obligation to do so and assumes no responsibility or liability arising from the use of the Web Site.

5. Copyrights and restrictions on use of materials

CIBC Atlantic Trust or its affiliates own and operate the Web Site. All information and materials contained on the Web Site are subject to copyright and/or trademark protection laws. All content and tools on the Web Site are owned by CIBC Atlantic Trust, except content clearly identified with other persons, which is the property of their respective owners. All trademarks, service marks, and trade names displayed on the Web Site are proprietary to CIBC Atlantic Trust or its affiliates, except those clearly identified with other persons, which are the property of their respective owners.

6. Copyright agent

CIBC Atlantic Trust and its parent and affiliates respect the intellectual property rights of others, and we ask all those that access the Web Site to do the same. Pursuant to Section 512(c) (2) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, CIBC Atlantic Trust designates an agent as described below, to receive notifications of claimed infringement. If you reasonably believe that your work has been copied in a way that constitutes copyright infringement, please provide CIBC Atlantic Trust’s Copyright Agent the following information:

1.An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

2.A description of the copyrighted work that you claim has been infringed;

3.A description of where the material that you claim is infringing is located on the site;

4.Your address, telephone number, and email address;

5.A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

6.A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

CIBC Atlantic Trust’s Copyright Agent for Notice of claims of copyright infringement on its site is Gregory Campbell who can be reached as follows:

7. Limited license and Web Site access; All Rights Reserved

CIBC Atlantic Trust hereby grants you a limited, non-exclusive and revocable license to access and make personal use of the Web Site, but not to download (other than page caching and mobile applications to authorized platforms) or modify them, or any portion of them, except with the express prior written consent of CIBC Atlantic Trust. We (or the respective third party owners of related content) retain all right, title, and interest in the Web Site and any content, features and services offered on the Web Site, including any and all intellectual property rights. We (or the respective third party owners of content in or on the Web Site) reserve all rights not expressly granted. Any unauthorized use, including but not limited to those described in Section 8 below, terminates the permission or license granted by CIBC Atlantic Trust hereby. CIBC Atlantic Trust may suspend or terminate your access to the Web Site for any reason, without prior notice.

8. Restrictions and prohibited uses

Any use or attempted use of the Web Site (i) for any unlawful, unauthorized, fraudulent or malicious purpose, or (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or (iii) that could interfere with any other party’s use and enjoyment of the Web Site, or (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means, or (v) to access systems, data or information not intended by CIBC Atlantic Trust to be made accessible to a user, or (vi) to obtain or attempt to obtain any materials or information through any means not intentionally made available by CIBC Atlantic Trust, or (vii) for any use other than the purpose for which it was intended, is prohibited.

In addition, users and visitors of the Web Site may not:

1. Copy, reproduce, republish, upload, post, transmit, or distribute in any way material from the Web Site in any manner inconsistent with the purposes for which it is offered by CIBC Atlantic Trust to its customers, prospective customers or members of the general public.

2. Without CIBC Atlantic Trust’s express written permission, copy, modify, or display CIBC Atlantic Trust’s name or logo, or any text, graphic images, or other content from the Web Site.

3. Redeliver any of the pages, text, images, or other content of the Web Site using “framing” technology without CIBC Atlantic Trust’s express written permission.

4. Use devices (including software) that are designed to provide repeated automated access to the Web Site other than those made generally available by CIBC Atlantic Trust.

5. Include “CIBC Atlantic Trust”, “CIBC”, “Atlantic Trust”, any other CIBC trademark, the name of any CIBC personnel[GL2] , or any variation of any of the foregoing, as a metatag, hidden textual element, or any other indicator that may create a false or misleading impression of affiliation, sponsorship, or endorsement between any user and/or site and CIBC Atlantic Trust.

6. Collect or store personal data about other users of the Web Site.

7. Upload, email or otherwise transmit to the Web Site any material that contains viruses or any other computer code, files or programs that might interrupt, limit or interfere with the functionality of any computer software or hardware of file communications equipment that is owned, leased or used by CIBC Atlantic Trust.

8. Create a link to the Web Site unless the user or the operator of the other web site has executed CIBC Atlantic Trust’s then-standard agreement for the granting of permission to establish such a link. Please select or click here to contact us to request a copy of CIBC Atlantic Trust’s Hyperlink/Trademark Agreement.

9. Resell or provide commercial use of the Web Site or the content therein, or any create any derivative use of the Web Site or the content therein; or any use of data mining, robots, or similar data gathering and extraction tools.

10. Reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit for any commercial purpose the Web Site without the express prior written consent of CIBC Atlantic Trust. CIBC Atlantic Trust reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of the user’s access and/or account. CIBC Atlantic Trust may cooperate with legal authorities or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by CIBC Atlantic Trust privacy policy, CIBC Atlantic Trust reserves the right at all times to disclose any information as CIBC Atlantic Trust deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in CIBC Atlantic Trust’s sole discretion.

9. Connection requirements; passwords and security

To ensure a high level of confidentiality and security, CIBC Atlantic Trust maintains physical, electronic and procedural safeguards that meet or exceed federal standards. However, you are responsible for providing and maintaining, at your own risk, option and expense, any hardware, software and communication lines required to access and use the Web Site, and CIBC Atlantic Trust reserves the right to change the access configuration of the Web Site at any time without prior notice.

10. Privacy

For information on how CIBC Atlantic Trust[GL3]  uses and protects the personal information you may provide in and to the Web Site, please read CIBC Atlantic Trust’s privacy policy located on the Web Site. You may not use the Web Site to collect or harvest personal information about other persons or otherwise use the Web Site in a manner that is inconsistent with their privacy or personal data protection rights.

We gather personal information when you fill out a secure account question form. We also collect general tracking information through our Web Site, such as which pages are viewed at which times, automatically through our web server software. The tracking information is used to give us a summary view of how our Web Site is used. Currently, we track IP addresses of our users on the Web Site in order to provide us with information that will improve our services and help us analyze the data to determine customer interest.

We may conduct surveys regarding our products and services, including the operation of our Web Site. The information you provide is used only on an aggregated basis and is analyzed only to improve our products and services and for company management and planning purposes. You will not receive communications as a result of your participation in one of our surveys if you notify us not to contact you.

11. Contents of the Web Site– DISCLAIMER

THE MATERIALS IN AND ON THE WEB SITE (INCLUDING ANY GRAPHICS) AND ANY MATERIALS MADE AVAILABLE THROUGH THE WEB SITE/MOBILE APPS ARE SUBJECT TO APPLICABLE STATUTES AND REGULATIONS, AND ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CIBC ATLANTIC TRUST DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. CIBC ATLANTIC TRUST DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THE WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE MATERIALS IN THE WEB SITE/MOBILE APPS COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THESE MATERIALS COULD BECOME INACCURATE AS A RESULT OF DEVELOPMENTS OCCURRING AFTER THEIR RESPECTIVE DATES. CIBC ATLANTIC TRUST UNDERTAKES NO OBLIGATION TO MAINTAIN THE CURRENCY OF SUCH INFORMATION.

CERTAIN LINKS IN THE WEB SITE MAY LINK YOU TO OTHER SITES ON THE WORLD WIDE WEB. THE LINKED SITES ARE NOT UNDER THE CONTROL OF CIBC ATLANTIC TRUST AND CIBC ATLANTIC TRUST IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. CIBC ATLANTIC TRUST IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. CIBC ATLANTIC TRUST PROVIDES THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY A REFERRAL BY CIBC ATLANTIC TRUST TO, OR AN ENDORSEMENT BY CIBC ATLANTIC TRUST OF, THE LINKED SITE.

12. Operation of the Web Site— DISCLAIMER

CIBC Atlantic Trust endeavors to maintain the Web Site and their operation, but is not, and cannot be, responsible for the results of any defects that may exist in the Web Site or its operation. AS TO THE OPERATION OF THE WEB SITE, CIBC ATLANTIC TRUST EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CIBC ATLANTIC TRUST MAKES NO WARRANTY THAT (I) THE OPERATION OF THE WEB SITE WILL MEET THE USER’S REQUIREMENTS; (II) ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR FREE OF ERRORS; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE WILL BE ACCURATE OR RELIABLE; OR (IV) DEFECTS WILL BE CORRECTED. YOU (AND NOT CIBC ATLANTIC TRUST) ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR, OR CORRECTION THAT MAY BE NECESSARY FOR YOUR COMPUTER EQUIPMENT AND SOFTWARE AS A RESULT OF ANY VIRUSES, ERRORS OR OTHER PROBLEMS YOU MAY HAVE AS A RESULT OF USING OR VISITING THE WEB SITE.

13. Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL CIBC ATLANTIC TRUST BE LIABLE FOR ANY DAMAGES OR INJURY OR LOSS, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THE WEB SITE, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE IN THE WEB SITE. CIBC ATLANTIC TRUST SHALL NOT BE LIABLE EVEN IF CIBC ATLANTIC TRUST OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE INCLUDE BUT ARE NOT LIMITED TO DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE OR COMPUTER VIRUS OR OTHER HARMFUL COMPONENT.

14. Limitations as to sections 11, 12 and 13 herein

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. HOWEVER, IN NO EVENT SHALL CIBC ATLANTIC TRUST’S TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE GREATER OF THE AMOUNT PAID BY YOU FOR ACCESSING THE WEB SITE AND $50.00 USD.

15. Indemnification

You agree to defend, indemnify and hold harmless CIBC Atlantic Trust, its members, affiliates and/or partners, and its and their officers, directors, partners, shareholders agents, licensees and employees from and against all claims, actions, liabilities, losses, expenses, damages and costs, including but not limited to attorney’s fees that may, at any time, arise out of or relate to your authorized, unauthorized, lawful or unlawful use of the Web Site or content therein, your breach of the Terms, as may be modified from time to time in CIBC Atlantic Trust’s sole discretion, your inability to access the Web Site, the use of any linked web sites, your reliance on any errors or omissions in the Web Site, or the propagation and/or contraction of any computer virus in connection with your use of the Web Site and/or the related content.

16. General

Any notices to you from CIBC Atlantic Trust regarding the Web Site or these Terms will be posted on the Web Site or made by e-mail or regular mail. When you visit the Web Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Web Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms. Neither these Terms, nor any content, materials or features of the Web Site create any partnership, joint venture, employment, or other agency relationship between us. You may not enter into any contract on our behalf or bind us in any way. If a court of competent jurisdiction deems any provision unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.