TERMS OF USE

 

The following terms and conditions govern the usage of this website by you to retrieve, review, and print personal trust and investment account information (the “Services”).  Sentinel Trust Company, LBA (herein referred to as “Sentinel Trust,” “we,” “us,” or “our”) provides and makes available this website and all associated Services available through the website and all materials, documents, data, information, and other content (the “Content”) available through this website (such, Internet website, the Services, and Content, referred, collectively, as the “Site”) pursuant to the terms and conditions of this Terms of Use agreement and all other policies, notices, and disclosures displayed on the Site (collectively, the “Agreement”). Please read the terms and conditions of this Agreement carefully. By indicating your acceptance of these terms and conditions, you agree that your use of the Services available at the Site will be governed by these terms and conditions and hereby acknowledge and agree to be bound by the provisions of this Agreement for the use of all of the Services available at the Site.  We reserve the right to discontinue the Services to you in the event that you do not comply with the terms and conditions contained herein.

1.        ACCEPTANCE OF THE TERMS OF USE.

Thank you for visiting the Site. Before using the Site and/or any Services, please review this Agreement. You understand and agree that we may change this Agreement at any time. You may read a current, effective copy of this Agreement at any time by selecting the Terms of Use link at the www.sentineltrust.com. If any change to this Agreement is not acceptable to you, your sole remedy is to cease accessing, browsing, and using this Site to access the Services.

YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT AND THAT YOU AGREE WITH ALL TERMS AND CONDITIONS OF THIS AGREEMENT WITHOUT RESERVATION.

2.        REGISTRATION AND YOUR RESPONSIBILITIES.

2.1        User ID and Password. You will be provided with a user ID and password to access certain portions of the Site (your “Account”). You may be required to change your password from time to time.  Passwords requirements follow generally accepted standards for password length and complexity and include the following criteria:  a minimum of eight characters, at least one upper case letter, at least one lower case letter, at least one number, and at least one special character (e.g., &*^%$).  Users are automatically blocked after five incorrect password attempts.  Blocked accounts can only be unlocked by an authorized administrator. 

You are solely responsible for maintaining the confidentiality of your user ID and password and we will not be responsible for any breach of security caused by the failure to so maintain the confidentiality of your user ID and password.  If you desire to give access to the Services to your third party accountant, attorney, broker, investment advisor or any other third party performing services on your behalf (“Your Third Party Provider”), you may request a unique user ID and password for such party from us, which will be provided in our discretion and subject to Your Third Party agreeing to be bound by these Terms of Use. You shall immediately notify us in the event of any unauthorized use of your Account or if you become aware of any other breach of security.

The Services may be provided through a Single Sign On features that allows user IDs and passwords to be validated by an interface provided by Summitas and enables you to view your account information via a Single Sign On.  You acknowledge that you may be taking additional security risks in connecting to your account information through this Single Sign On feature, and agree to accept all such risks and hold us and our Suppliers harmless with respect thereto.

You have the option of utilizing two-factor authentication (“TFA”).  TFA combines your user ID and password (the first, “knowledge factor”), with the requirement to possess an auto-generated 6-digit access code (the second, “possession factor”).  When TFA is enabled, you enter your user ID and password.  Before you are authenticated, you are prompted to confirm the 6-digit code.  When the user ID, password, and 6-digit code are all entered correctly, you are authenticated and sent to the home page.  TFA will only be prompted if you log in from a new device, IP address or internet browser.  When the login is from a familiar environment, you will not be prompted for the second factor.  You have the option to “Remember This Location” at the TFA verification step.  This will turn off TFA for that specific location and internet browser.  You can switch TFA security code delivery between SMS and email during the TFA login verification step.  Only the mobile number or email address on your user profile can be used.  There is a 5-minute code validation rule that applies to codes sent via email and text.  If access is not validated during this period, the code will expire and you will need to request a new code.

2.2        Privacy and Your Personal Information. For information about our privacy policy and data protection practices, please read our Privacy Notice and Cookie Policy, which are hereby incorporated into this Agreement. The Privacy Notice and Cookie Policy explain how we treat your personal information when you access the Site and use the Services. The Privacy Notice and Cookie Policy may be updated from time to time at our discretion. Changes will be effective upon posting to the Site.

2.3        User Responsibility. You are responsible for all activity occurring under your Account and shall abide by all applicable local, state, national and foreign laws, treaties, and regulations in connection with your use of the Services, without limiting the generality of the foregoing. You shall: (i) maintain the confidentiality of your user ID and password; (ii) ensure that you exit from your Account at the end of each session; (iii) notify Sentinel Trust immediately of any unauthorized use of any password or account or any other known or suspected breach of security; and (iv) not impersonate another individual or provide false identity information to gain access to or use the Service. Notwithstanding the above, Sentinel Trust may rely on the authority of anyone accessing your Account or using your password and you shall be responsible for all activity occurring under your user ID and password.

2.4        International Use. We make no representation the Site and/or the Services are appropriate or available for use in locations outside the United States and accessing them from territories where their contents are illegal is prohibited. You agree to comply with all applicable foreign and domestic laws, rules, and regulations regarding the transmission of technical data exported from or imported to the United States or the country in which you reside.

2.5        Special Terms Regarding the Digital Vault. Users may have access to a digital vault that may be used for storing various documents and other information (the “Digital Vault”). The Digital Vault will be protected by encryption technology.  SENTINEL TRUST CANNOT AND WILL NOT BE LIABLE FOR ANY LOSSES AND/OR DAMAGES RELATED TO YOUR USE OF AND/OR INABILITY TO USE THE DIGITAL VAULT, INCLUDING, WITHOUT LIMITATION, YOUR INABILITY TO ACCESS AND RECOVER INFORMATION STORED IN THE DIGITAL VAULT. YOU EXPRESSLY ACKNOWLEDGE AND AGREE TO THESE TERMS.

3.        ELECTRONIC STATEMENTS AND NOTICES; ACCOUNT DATA

3.1        Authorization for Electronic Documents. Unless agreed to otherwise in the Online Access & Electronic Delivery Agreement, by accepting this Agreement, you consent and agree that Sentinel Trust may provide certain disclosures, account statements, and notices to you in electronic form (“Electronic Documents”) via the Site and/or the Services, in lieu of paper form, for your accounts at Sentinel Trust. By using the Electronic Documents, you accept and agree to be bound by the general terms and conditions governing the Electronic Documents, including without limitation all the terms and conditions in this Agreement. You agree to be bound by any and all laws, rules, regulations, and official issuances applicable to the Electronic Documents now existing or which may hereafter be enacted, issued, or enforced, as well as such other terms and conditions governing the use of other facilities, benefits, or services that we may from time to time make available to you in connection with the Electronic Documents.

YOU UNDERSTAND AND AGREE THAT ELECTRONIC DELIVERY WILL SATISFY SENTINEL TRUST’S REQUIREMENT TO PROVIDE YOU A PERIODIC STATEMENT AND/OR NOTICE ON YOUR SENTINEL TRUST ACCOUNT(S). YOU FURTHER UNDERSTAND AND AGREE THAT BY REQUESTING ELECTRONIC DELIVERY, YOU WILL NOT RECEIVE STATEMENTS AND/OR NOTICES IN PAPER FORM THAT ARE DELIVERED BY THE UNITED STATES POSTAL SERVICE UNLESS YOU SPECIFICALLY DISCONTINUE THE ELECTRONIC DOCUMENT SERVICES AS DESCRIBED IN THIS DISCLOSURE.

Your consent shall remain valid until such time as you exercise your right to revoke this consent. We retain the right to discontinue this service at any time.

3.2        Duty to Review Periodic Statements. You must notify us in writing immediately of any error, unauthorized transaction, or other irregularity on your periodic account statements and any accompanying items (“Statements”). If you allow someone else access to your Statements, you remain fully responsible to review your Statements for errors, unauthorized transactions, or other irregularities. Any applicable time periods within which you must notify us of any errors on your Statements shall begin on date the Statements are posted to the Site, regardless of when you access and/or review it. If you do not promptly report any error, irregularity, discrepancies, claims, or unauthorized debits or items in your Statements to us, you shall be deemed conclusively to have accepted all matters contained in the Statements as true, accurate, and correct in all respects.

3.4        Change of Mailing Address, E-mail Address, and Other Information. You agree to notify us immediately of any change in your mailing address, e-mail address, or other particulars relevant to this Agreement. To notify us of your e-mail address change, please contact your senior relationship officer.

3.5        Account Data. All account data is provided as a convenience and for your information but is not the official record. Account data provided through the Site is generally updated on a daily basis and is subject to adjustment and correction. Your monthly, quarterly, and/or annual Statements, which may be accessed on the Site, remain the official record.

4.        INTELLECTUAL PROPERTY

4.1        License to Use the Services. Effective upon acceptance of this Agreement, we hereby grant you a limited, personal, nonexclusive, nontransferable, revocable license to access and use the Services for your non-commercial use.  You shall have no right to sell, resell, reproduce, duplicate, copy, distribute, create derivative works, or exploit for commercial purposes any portion of the Services. 

4.2        Proper Use. In using the Site and/or the Services, you agree that you will not:

(i)         license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party the Service or the Content in any way;

(ii)         interfere with or disrupt the integrity or performance of the Services or the data contained therein;

(iii)        modify or make derivative works based upon the Services or the Content;

(iv)        create Internet “links” to the Services or “frame” or “mirror” any Content on any other server or wireless or Internet-based device;

(v)        reverse engineer the Services and/or access the Services in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions, or graphics of the Service, or (c) copy any ideas, features, functions, or graphics of the Service;

(vi)        send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third-party privacy rights;

(vii)       send or store material containing software viruses, worms, Trojan horses, or other harmful computer code, files, scripts, agents, or programs; and/or

(viii)     give access to the Services to a data aggregator absent a written arrangement between us and our Supplier that permits such access.

Any unauthorized use by you shall automatically terminate all rights granted to you hereunder.

4.3        Proprietary Rights

We, and to the extent that portions of the Services are provided by third party suppliers (“Suppliers”), the Suppliers, shall retain all right, title, and interest to the Services including all copyrights, trademarks, patents, trade secrets, and all other intellectual property rights thereto, including without limitation with respect to all technology and Account information or passwords used in connection with or provided as part of the Services (collectively, “Proprietary Rights”).  You may not, nor may allow any third party to, copy, distribute, sell, disclose, lend, transfer, convey, modify, decompile, disassemble, or reverse engineer the Services for any purpose whatsoever. Except as otherwise set forth in 2.1, you further agree that you will not allow any third party to access the Services and any associated software tools for any purpose whatsoever. The copyright notices and other proprietary legends shall not be removed from the Services and no right to use any trademark is granted under this Agreement.  You may not grant any sublicense, lease, or other right in the Services to any third party. We, on behalf of ourselves and the Suppliers, expressly retain all rights in the Services that are not specifically granted under this Agreement. In addition to the foregoing, you agree to comply with the Acceptable Use Policy of the data center that hosts portions of the Services, which can be found at www.cyrusone.com/aup

5.        USER SUBMISSIONS

By submitting information on the Site via the Digital Vault in any form, including written, visual, or audio data (collectively referred to as the “Submissions”), to us, you agree that you are responsible for each Submission you make, and for any consequences thereof. You agree that you will use the Site in compliance with all applicable local, state, national and international laws, rules, and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all United States export control law.

6.        TERMINATION

You may terminate your rights to access the Site and the Services at any time by contacting your senior relationship officer.  We reserve the right to require that you provide us with written notice of your desire to terminate your access.  Following any such termination, you agree that you will immediately cease to attempt to use the Site and the Services.

We reserve the right to decide, in our sole discretion, to restrict, suspend, terminate, or modify the Site and the Services with or without notice.  We may do so in order to maintain the Site and/or the Services, improve the Site and/or the Services, to prevent fraud, or for any other reason.  It is hereby understood that we shall not be liable to you or any third party for any reason related to or arising from the termination of this Agreement, from our decision(s) to restrict, suspend, terminate, or modify the Site and/or the Services or arising from the limiting, delaying, denying access to, or any decision to cease providing access to the Site and/or the Services to some or all of our users, whether such limitation, delay, denial, or the cessation of services is within our control.

WARRANTY DISCLAIMER

THE SERVICES PROVIDED HEREUNDER ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND EXCEPT TO THE EXTENT THAT WARRANTIES ARE EXPRESSLY GRANTED WITHIN THIS AGREEMENT, NO WARRANTIES, EXPRESS, OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR ANY SIMILAR WARRANTY WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OF ANY LAW OF THE UNITED STATES OR ANY STATE THEREOF ARE GRANTED TO YOU OR ANY THIRD PARTIES.  WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES ARE FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OF PROPRIETARY RIGHTS.  WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED.  IT IS FURTHER AGREED AND UNDERSTOOD THAT WE DO NOT WARRANT THE ACCURACY OR RELIABILITY OF THE RESULTS OBTAINED THROUGH USE OF THE SERVICES OR ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF THE SERVICES AND IT IS HEREBY ACKNOWLEDGED BY YOU THAT ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF THE SERVICES ARE TO BE USED AT YOUR SOLE RISK AND THAT THE ENTIRE RISK ASSOCIATED WITH THE USE OF THE SERVICES AND THE RESULTS AND INFORMATION DERIVED THEREFROM SHALL BE BORNE SOLELY BY YOU. 

IF YOU USE THE DIGITAL VAULT FEATURE FOR STORING DOCUMENTS, DATA, AND OTHER INFORMATION (COLLECTIVELY, THE “STORED DOCUMENTS”), YOU ACKNOWLEDGE AND AGREE THAT YOU WILL BE RESPONSIBLE FOR ENSURING THE SECURITY AND CONFIDENTIALITY OF YOUR USER ID AND PASSWORD AS WELL AS ANY PASSPHRASES THAT MAY BE USED TO PROTECT PARTICULAR STORED DOCUMENTS. WE CANNOT AND WILL NOT BE RESPONSIBLE AND/OR LIABLE FOR ANY ACCESS TO YOUR STORED DOCUMENTS RESULTING FROM YOUR FAILURE TO PROTECT YOUR USER ID, PASSWORD AND/OR PASSPHRASE. IN ADDITION, WHEN USING THE DIGITAL VAULT, YOU WILL HAVE THE OPTION AS TO WHETHER OR NOT YOU WISH TO HAVE YOUR PASSPHRASE (DECRYPTION KEY) STORED WITH THE SITE. IF YOU ELECT NOT TO STORE YOUR PASSPHRASE WITH THE SITE, YOU ACKNOWLEDGE AND AGREE THAT IF YOU LOSE, MISPLACE AND/OR FORGET YOUR PASSPHRASE, WE WILL NOT BE ABLE TO RECOVER THE STORED DOCUMENTS THAT HAD BEEN PROTECTED BY SUCH PASSPHRASE. WHILE WE TAKES STEPS TO ENSURE THE PROPER OPERATION OF THE SITE, INCLUDING WITHOUT LIMITATION, THE DIGITAL VAULT FEATURE, THE SITE MAY SUFFER FROM FAILURES, DELAYS, ATTACKS, AND OTHER PROBLEMS THAT RESULT IN A LACK OF ACCESS TO, DELAYED ACCESS TO, UNAUTHORIZED ACCESS TO, AND DISCLOSURE OF AND/OR DESTRUCTION OF STORED DOCUMENTS. WE CANNOT AND WILL NOT BE RESPONSIBLE AND/OR LIABLE FOR ANY OF THE FOREGOING.

THE SITE AND THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. NONE OF THE SENTINEL TRUST PARTIES IS RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.

7.       LIMITATION OF LIABILITY

IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES WHETHER ARISING UNDER CONTRACT, WARRANTY, OR TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR ANY OTHER THEORY OF LIABILITY ARISING FROM OR IN ANY WAY RELATED TO YOUR USAGE OF THE SERVICES OR OF INFORMATION DERIVED THEREFROM.  IN THE EVENT THAT ANY PARTY IS FOUND TO BE LIABLE FOR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO YOUR USAGE OF THE SERVICES OR OF INFORMATION DERIVED THEREFROM, IT IS HEREBY AGREED THAT SUCH LIABILITY SHALL NOT EXCEED $100.00 IN THE AGGREGATE.

8.       MISCELLANEOUS

8.1       Headings. The section headings are provided merely for convenience and shall not be given any legal import.

8.2       Choice of Law. This Agreement shall be construed in accordance with the laws of the State of Texas without regard to its conflict of law provisions. Each party submits to the exclusive jurisdiction of the state and federal courts located in Texas and irrevocably waives any right that such party may have to assert that such forum is not convenient or that any such court lacks jurisdiction.

8.3       Modifications and Waiver. We reserve the right to modify the terms and conditions of this Agreement or its policies relating to the Site and/or the Services at any time, effective upon posting of an updated version of this Agreement on the Site. You are responsible for regularly reviewing this Agreement. Continued use of the Site and/or the Services after any such changes shall constitute your consent to such changes. The failure of us to exercise our rights under this Agreement will not be construed as a waiver of such rights, nor will it in any way affect the validity of this Agreement. No waiver shall be effective against Sentinel Trust unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.

8.4       Injunctive Relief. You agree and acknowledge that any breach of the provisions regarding Proprietary Rights or the appropriate usage of the Services contained in this Agreement shall cause us irreparable harm and that we may, therefore, obtain injunctive relief as well as seek all other remedies available to us in law and in equity. 

8.5       Assignment; Change of Control.  We may assign this Agreement, or any rights or obligations hereunder, to an affiliate, subsidiary or any entity owned, controlled by or under common control with us, or pursuant to a merger, consolidation, change of control, or corporate reorganization. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees. Any assignment in violation hereof shall be null and void.

8.6       Severability. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. The provisions of this Agreement relating to intellectual property ownership, restrictions on use, or disclosure of the Services, disclaimers of warranties, and limitations of liability shall survive termination or expiration of this Agreement for any reason.

8.7       Entire Agreement. Except as expressly agreed to in writing by Sentinel Trust and you, this Agreement constitutes the entire Agreement between you and Sentinel Trust with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter.

8.8        Notice. We may give notice by means of an Electronic Document or by written communication sent by first class mail or pre-paid post to your address on record in your account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to us (such notice shall be deemed given when received by us) at any time by any of the following:

By Mail:           Sentinel Trust Company, LBA

Attn: Chief Financial Officer

2001 Kirby Drive, Suite 1200

Houston, TX 77019

By Email:          info@sentineltrust.com

 

 

Last Updated October 2021