Disclaimers and Important Terms and ConditionsBefore using the website, you should carefully read the following Terms and Conditions. The Wilmington Funds' website is provided for information purposes only.
LIMITED LICENSE. We grant you a non-exclusive, revocable (at any time and in our sole discretion), non-transferable, non-sub-licensable, limited license to access, use and display the Website and the content and materials thereon ("Content") and any software that may be necessary to access or use the Website for your individual use. All right, title and interest in the Website and the Content is our exclusive property or the property of its owners, through which we are licensed. You have no ownership rights in the Content or Website, which is owned by us or our licensors. The works of authorship contained in the Website, including, but not limited to, all design, text, sound recordings, and images, are owned or licensed by, except as otherwise expressly stated, us. You acknowledge and agree that the Content presented to you through the Website is protected by copyright, trademark, and other proprietary rights and laws. The Website and Content are provided only for your personal, non-commercial use. You are also granted a limited license to print copies of any Content posted at the Website, but only for your personal, non-commercial use. Except as provided above, all rights are reserved. Use of any of our trademarks as metatags on other Web sites also is strictly prohibited. You may not otherwise copy, display, distribute, license download, modify, publish, report, repost, sell, transmit, store for frequent use, or otherwise use in whole or in part in any manner the Website, or Content without our express written permission. , except to the extent permitted by the Copyright Act of 1976 (17 U.S.C. § 107), as amended.
LIMIT ON DAMAGES. WE, OUR AGENTS, THIRD PARTY PROVIDERS, DIRECTORS, OFFICERS OR EMPLOYEES AND AFFILIATES, SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, INTERRUPTION OF BUSINESS, NOR FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY KIND, WHETHER UNDER THIS AGREEMENT OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE WEBSITE, THE SOFTWARE OR THE CONTENT OR ANY SERVICES PROVIDED THROUGH THE WEBSITE REGARDLESS OF WHETHER SUCH CLAIM ARISES UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE AND REGARDLESS OF WHETHER WE ARE ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.
Indemnity. You agree to defend, indemnify, and hold harmless, us and our directors, officers, employees and third party providers from and against any and all claims, liabilities, losses, expenses or other costs, including attorney’s fees, arising out of your use or misuse of the Website, your use or misuse of the Content, or your non-compliance with any of the terms hereof by you, and for the content of any message sent using the Email Service, including such violation or misuses conducted by your employee or agent.
Suspension and Termination. We reserve the right, in our sole discretion, to modify, terminate and/or suspend your access to the Website, the related services and this Agreement or any portion thereof at any time, without notice. We may also impose limits on certain features and services or restrict your access to parts or all of the Website without notice or liability. We may also, in our sole discretion, and at any time discontinue providing the Website, or any part thereof, with or without notice.
Amendments; Modifications. We reserve the right, in our sole discretion, to change, modify, add or remove any portion of this Agreement in whole or in part, at any time, by posting the amended terms on the Website. The new terms shall automatically be effective and binding on you 30 days after they are initially posted on the Website. Your continued use of the Website after any changes to this Agreement are posted will be considered acceptance of those changes. This Agreement may not otherwise be amended.
Governing Law. This Agreement is governed by the laws of the State of New York, U.S.A, without regard to its principles of conflict of laws. The Website is not intended for distribution to, or use by, any person or entity, or any jurisdiction or country where such distribution or use would be contrary to local law or regulation, would subject us or any of our affiliates to any liability or would not give effect to all of the provisions in this Agreement.
Use For Illegal Activities Prohibited. You agree not to use the Website in violation of the terms herein, which includes but is not limited to use:
a. in violation or attempted violation of the terms herein;
b. in any manner which could damage, disable, interrupt, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website; c. for any illegal activities or attempted illegal activities. (Illegal activities include, but are not limited to, tampering with information data bases and software, unauthorized entry to other networks or computers, trafficking in illegal products or substances, disobeying trade restrictions, violating civil rights laws or knowledgeable vandalism or destruction of online files, transmitting any unlawful, infringing, harmful, inappropriate, or otherwise objectionable material of any kind, that can cause harm or delay to this Site, its users, M&T, or computers of any kind.);
d. Misrepresent your identity in any way;
e. Violate or attempt to violate the security of this Website (Any such violations may result in criminal or civil, or both, penalties against you. We may investigate any suspected violation and, if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations);
f. for any unsolicited advertising, solicitation, or promotional activities;
g. to reverse engineer, disassemble, or decompile any section or technology on the Website;
h. to launch or use any automated system, including without limitation "robots," "spiders," or "offline readers," that access the Website in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser; or
i. to transmit chain letters, unsolicited messages, "spamming" or "phishing" messages, or messages marketing or advertising goods and services.
You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Website including U.S. export laws and regulations, which regulate the distribution of materials and services originating in the United States. We prohibit caching, unauthorized hypertext links to the Website, and the framing of any Content. We reserve the right to disable any unauthorized links or frames and specifically disclaim any responsibility for the Content available on any other websites linked to our Website.
THIRD PARTY BENEFICIARIES. To the extent the Content contains data or information provided by third party providers or are otherwise contributed to by third party providers, such third party providers shall be considered third party beneficiaries of this Agreement.
ASSIGNMENT; WAIVER. You may not assign, sublicense, delegate, subcontract or otherwise transfer your rights, duties and obligations under this Agreement to a third party without our express written consent. Any instrument purporting to make an assignment or other transfer in violation of this provision shall be null and void. Any forbearance or delay on the part of either party hereto in enforcing any provision of this Agreement or any of its rights hereunder shall not be construed as a waiver of such provision or of a right to enforce same for such occurrence or any future occurrence.
NO INVESTMENT ADVICE OR OFFERS. Nothing in the Website constitutes investment advice, including our filings with the Securities and Exchange Commission, or recommendations as to the suitability of any specific product or security. All Content is provided for your convenience and information only, and no Content shall constitute an offer to sell or a solicitation of an offer to buy any security. Prior to the execution of any transaction by you involving information you received from the Website, you should consult your financial, business, tax and accounting advisors and your attorney, with respect to the price, suitability, value, risk or other aspects of any stock, mutual fund, security or other investment. Pricing and other information generated through the use of data or services made available herein may not reflect actual prices or values that would be available in the market at the time provided or at the time that the user may want to purchase or sell a particular security or other instrument. Investment Services are not bank deposits or insured by the FDIC or other entity, and are subject to investment risks, including possible loss of principal amount invested. Not all of the products and services described at the Website are available in all geographic areas.
MARKET INFORMATION. We may make available to you through the Website a broad range of financial information that we obtain from third party providers. This may include financial market data, quotes, news, analyst opinions and research reports (collectively, "Market Information"). We do not endorse or approve the Market Information, and we make it available to you only as a convenience. We and third party providers do not (a) guarantee the accuracy, timeliness, completeness or correct sequencing of the Market Information; or (b) warrant any results from your use or reliance on the Market Information. Market Information may quickly become unreliable for various reasons including, for example, changes in market conditions or economic circumstances. Neither we nor the third party providers are obligated to update any information or opinions contained in any Market Information, and we may discontinue offering Market Information at any time without notice. You agree that neither we nor the Third Party Providers will be liable in any way for the termination, interruption, delay or inaccuracy of any Market Information. You will not redistribute or facilitate the redistribution of Market Information, nor will you provide access to Market Information to anyone who is not authorized by us to receive it. If you are a securities broker, dealer, banker or investment advisor, you agree not to use the Market Information provided by us for any purpose related to your business.
DATED AND FORWARD-LOOKING STATEMENTS. Certain information on the Website may contain certain forward-looking statements, which are subject to risks and uncertainties and speak only as of the date on which they are made. The words “believe”, “expect”, “anticipate”, “optimistic”, “intend”, “aim”, “will” or similar expressions are intended to identify forward-looking statements. You are cautioned not to place undue reliance on these forward-looking statements. Any dated information is published as of its date only. Dated and forward-looking statements speak only as of the date on which they are made. We undertake no obligation to update publicly or revise any dated or forward-looking statements.
Complete Agreement/No Representations. This Agreement constitutes the entire agreement between you and us relating to your access to and use of the Website and supersedes any prior or contemporaneous representations or agreements, whether electronic, oral or written. Our failure to insist at any time upon strict compliance with any term of this Agreement, or any delay or failure on our part to exercise any power or right given to us in this Agreement, or a continued course of such conduct on our part shall at no time operate as a waiver of such power or right, nor shall any single or partial exercise preclude any other future exercise. All rights and remedies given to us in this Agreement are cumulative and not exclusive of any other rights or remedies which we otherwise has at law or equity. Any rights not otherwise expressly granted by this Agreement are reserved by us. Captions are for convenience only. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. The provisions of this Agreement which expressly or by implication are intended to survive its termination or expiry will survive and continue to bind both of us.
Intellectual Property: All copyrights, trademarks, logos, service marks, trade names, or other intellectual property displayed on, or used in conjunction with, this website are proprietary to us, unless otherwise noted. The content of this website is protected by applicable intellectual property law. We reserve all rights with respect to intellectual property ownership of all material on this website, and will enforce such rights to the full extent permissible by law. The material accessible on or through this website is accessible for personal browsing and printing purposes only. Users of this website may not otherwise:
a. copy, reproduce, modify, sell, republish, post, transmit, or distribute in any way material from this website without the express, written permission of us;
b. use, copy, modify, or display any or our names, logos, text, or graphic images without our express, written permission;
c. display any of the pages, text, images, or other content of this website using "framing" technology without our express written permission;
d. modify or use the pages, text, images, or other content from this website for any purpose other than browsing or printing for personal, non-commercial use; or
e. take any action to create an impression of affiliation, sponsorship, or endorsement between any user and/or website and Wilmington Trust.
Transmission or use of any material in violation of this Agreement, or any applicable law, rule or regulation (whether of the United States or other countries), or the rights of any third party is prohibited. This includes, but is not limited to, copyrighted material, material which is defamatory, threatening, obscene, lewd and indecent, material protected by trademark, trade secret or patent laws, or material that results in an invasion of privacy.