BY ACCESSING ANY WEBSITE, MOBILE APPLICATION, OR SERVICE PROVIDED BY ANCHOR TRUST, YOU AGREE TO COMPLY WITH THESE TERMS OF USE, WHICH CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND ANCHOR TRUST, INCLUDING THE REFERENCED PRIVACY POLICY (“AGREEMENT”). IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO USE ANCHORTRUST.COM OR ACCESS ANY SERVICES FROM ANCHOR TRUST.
Anchor Trust manages operations through anchortrust.com (hereinafter referred to as the “Website” in our terms). Anchor Trust offers a variety of services, as detailed on the Website (“Services”).
Anchor Trust retains the right, at its sole discretion, to amend the terms of this Agreement and/or to modify, suspend, or discontinue any part of the Website. Such changes may include, but are not limited to, alterations in content, user priorities, and the discontinuation of specific functional elements of the Website. By continuing to use the Website after any such revisions have been posted, you agree to accept and abide by the updated terms.
1. CERTIFICATION OF USER
By accessing or attempting to access this Website, you confirm to Anchor Trust that you are either a resident of the United States or otherwise authorized to conduct business within the United States, are at least 18 years old, and possess the legal capacity to enter into this Agreement.
2. CONTENT AND REGISTRATION
2.1. The term “Website content” encompasses all elements and facets of the Website and Services, including but not limited to text, data, photos, graphics, videos, and any information obtained through the Website (collectively referred to as “Information”), Anchor Trust’s computers or network, and any subscriptions, software, products, services, or information provided by Anchor Trust.
2.2 Vendor Content. Anchor Trust has established contractual relationships with specific vendors, sponsors, and advertisers of products or services (“Vendors”). As part of these relationships, Anchor Trust may link to or display information, advertisements, discounts, products, goods, or services offered by the Vendors (“Vendor Content”). Anchor Trust does not guarantee the availability or accuracy of any such Vendor Content or offers, nor does it endorse, guarantee, or insure any Vendor products or services.
2.3 Anchor Trust shall not be held liable, directly or indirectly, for any loss or damage resulting from your use of: (a) any external site linked to the Service, (b) Vendor Information, or (c) Vendor products or services. Statements made in the Service Area regarding Anchor Trust’s products or services do not constitute offers but are merely solicitations of an offer.
2.4 Registration. You may browse and view certain content on the Website without registering. However, to use certain other aspects of the Website or access specific services, you may need to register and create a user identification and password. You agree to maintain the confidentiality of your registration information, be the sole user of your registration, and use your registration solely to access the Website and obtain Services. Anchor Trust reserves the right to monitor your use of the registration and to discontinue it at any time at its sole discretion. If you believe your registration has been compromised, you must promptly change your registration information and notify us immediately.
3. LIMITATIONS ON USE AND USER SUBMISSIONS
3.1 Copyright, Patent, and Trademark Notice. All content provided on the Website by Anchor Trust, including but not limited to text, photos, graphics, audio, software, webpage layouts or configurations, presentations in any format, and video, is copyrighted by Anchor Trust or its affiliates or subsidiaries. Copyright © 2024 Anchor Trust LLC. All rights reserved.
No portion of the Content or other materials may be copied, published, reproduced, modified, performed, displayed, sold, transmitted, broadcast, rewritten for broadcast or publication, or redistributed in any medium, whether now known or hereafter created. This prohibition includes, but is not limited to, “screen scraping” or “database scraping” to gather lists of users or other Information. However, you may download or print one copy of pages strictly for personal and non-commercial use; any printed page or portion thereof must include Anchor Trust’s copyright notice.
Anchor Trust and its associated logos, page headers, custom graphics, buttons, and other icons are service marks, trademarks, registered service marks, registered trademarks, and/or trade dress of Anchor Trust. All other product names and company logos are trademarks of their respective owners. Neither these materials nor any portion thereof may be stored in a computer except as reasonably necessary for personal and non-commercial use; however, any printout of any page of the Website or portion thereof must include Anchor Trust’s copyright notice and/or trademark registration notice as appropriate.
3.2 Notice of Copyright Infringement. Anchor Trust respects the copyrights of others. Anchor Trust reserves the right, but not the obligation, to terminate your license to use the Services if it determines in its sole discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. Anchor Trust has established procedures for receiving written notifications of claimed infringements. If you believe that your copyrighted work has been reproduced on the Website in a manner that constitutes copyright infringement, you may notify our administrative team by email at valentino@anchortrust.com.
3.3 Restricted Use. You agree to use the Website and Information for lawful purposes only. You agree not to post or transmit any information through the Website that: (a) infringes on any patent, trademark, or copyright rights of others or violates their privacy or publicity rights; (b) is unlawful, threatening, abusive, defamatory, libelous, vulgar, obscene, profane, indecent, or otherwise objectionable; or (c) is protected by patent, copyright, trademark, or other proprietary right without the express permission of the owner of such right. You are solely liable for any damages resulting from any infringement of patent, copyright, trademark, or other proprietary rights, or any other harm resulting from your use of the Website.
3.4 Your Submission of Messages. By posting messages or other materials on the Website or by sending emails to Anchor Trust, you grant Anchor Trust a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, and utilize for any purpose all such messages or other materials (in whole or in part), and to incorporate any such messages, materials, or emails into other media or technologies, whether now known or hereafter developed.
3.5 Public Messages. All electronic forums provided to users of the Website are the exclusive property of Anchor Trust and are not public forums. You acknowledge and understand that all information, data, files, software, music, sound, photographs, graphics, video, messages, or other materials posted by any person or entity other than Anchor Trust (“Third-Party Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Third-Party Content originated. You assume full responsibility for all Third-Party Content that you upload, post, email, or otherwise transmit via the Website. Anchor Trust assumes no liability for any Third-Party Content. You agree not to use the Website to: upload, post, email, or otherwise transmit any Third-Party Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, or hateful, or that is racially, ethnically, or otherwise objectionable; harm minors in any way; impersonate any person or entity, including an official or representative of Anchor Trust, or falsely state or otherwise misrepresent your affiliation with any person or entity; forge headers or manipulate identifiers to disguise the origin of any Content transmitted through the Website; upload, post, email, or otherwise transmit any Third-Party Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); upload, post, email, or otherwise transmit any Third-Party Content that infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party; upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or network; disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Website are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real-time exchanges; interfere with or disrupt the Website or servers or networks connected to the Website, or violate any requirements, procedures, policies, or regulations of networks connected to the Website; intentionally or unintentionally violate any applicable local, state, national, or international law, including regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including the New York Stock Exchange, the American Stock Exchange, or NASDAQ, and any regulations having the force of law; “stalk” or harass another person; or collect or store personal data about other users.
You acknowledge that Anchor Trust does not pre-screen Third-Party Content but reserves the right (though not the obligation) in its sole discretion to refuse or remove any Third-Party Content available via the Website. Without limiting the foregoing, Anchor Trust and its designees have the right to remove any Third-Party Content that violates this Agreement or is otherwise objectionable. You agree that you must evaluate and bear all risks associated with the use of any Third-Party Content, including any reliance on the accuracy, completeness, or usefulness of such Third-Party Content.
You acknowledge and agree that Anchor Trust may preserve Third-Party Content and may disclose such content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Third-Party Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Anchor Trust, its users, or the public.
3.6 Linking. Without prior written consent from Anchor Trust, you may not use any of Anchor Trust’s proprietary logos, marks, or other distinctive graphics, video, or audio materials in your links. You may not link to the Website or any page thereof or engage in “deep linking” in any manner reasonably likely to: (a) imply affiliation with or endorsement or sponsorship by Anchor Trust; (b) cause confusion, mistake, or deception; (c) dilute Anchor Trust’s trademarks or service marks; (d) otherwise violate state or federal law; or (e) constitute improper disparagement or disclosure concerning Anchor Trust or any of its affiliates, officers, directors, agents, franchises, or Vendors. You may not frame or otherwise incorporate any Information or other materials from this Website into another Website without the prior written consent of Anchor Trust.
4. ACCESS AND SERVICE INTERRUPTIONS
Anchor Trust, its affiliates, subsidiaries, and Vendors are not obligated to ensure your access to the Website. Additionally, Anchor Trust, its affiliates, subsidiaries, and Vendors shall not be liable for any loss or liability arising directly or indirectly from delays, inaccuracies, errors, omissions, or interruptions of the Service for any reason. Such reasons may include electronic or mechanical equipment failures, telephone interconnect problems, defects, weather conditions, strikes, labor disputes, fires, acts of nature, riots, armed conflicts, acts of war, acts of terrorism, or similar causes.
5. MONITORING BY ANCHOR TRUST
You acknowledge that Anchor Trust reserves the right to monitor, for all lawful purposes, any and all Third-Party Content transmitted or received through the Service. During monitoring, information may be examined, recorded, copied, and used for authorized purposes. All Third-Party Content, including personal information, transmitted or received via the Service, may be subject to monitoring. Your use of the Service, whether authorized or unauthorized, signifies your consent to such monitoring and to the other terms of this Agreement.
6. REPRESENTATIONS, WARRANTIES, AND LIMITATION OF LIABILITY
6.1. General Disclaimer and Limited Warranty. You acknowledge that certain aspects of the Information and Vendor Information provided through the Website may be sourced beyond the control of Anchor Trust. While such Information and links are generally considered reliable, inaccuracies may occur. Anchor Trust, its licensors, and Vendors do not warrant the accuracy or suitability of any such Information. Anchor Trust and its licensors and Vendors do not endorse or guarantee the accuracy or reliability of the Information distributed through the Service.
THEREFORE, YOU ACKNOWLEDGE THAT THE WEBSITE IS PROVIDED TO YOU ON AN “AS IS WITH ALL FAULTS” BASIS. ANCHOR TRUST, ITS LICENSORS, AND VENDORS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, ORAL, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR WARRANTIES ARISING BY CUSTOM OF TRADE OR COURSE OF DEALING. FURTHERMORE, ANCHOR TRUST AND ITS LICENSORS AND VENDORS MAKE NO REPRESENTATION OR WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, IS SUITABLE FOR YOUR NEEDS, OR WILL ACHIEVE ANY DESIRED RESULTS.
6.2. You assume all risks of errors and omissions in the Website, including the transmission or translation of data. You are fully responsible for implementing sufficient procedures and checks to satisfy your requirements for the accuracy and suitability of the Website, including the Information, and for maintaining any means necessary for the reconstruction of lost data or subsequent manipulations or analyses of the Information provided under this Agreement.
6.3. Viruses. YOU ACKNOWLEDGE AND AGREE THAT ANCHOR TRUST TAKES REASONABLE EFFORTS TO ENSURE THAT NO VIRUSES OR SIMILAR PROGRAMS OPERATE ON OR PASS THROUGH THE WEBSITE OR THE INFORMATION. HOWEVER, YOU ARE RESPONSIBLE FOR DETECTING AND ERADICATING ANY VIRUS OR PROGRAM WITH SIMILAR FUNCTIONALITY BY WHATEVER MEANS YOU DEEM APPROPRIATE FOR YOUR NEEDS.
6.4. LIMITATION OF LIABILITY. YOU AGREE THAT ANCHOR TRUST AND ITS AFFILIATES, SUBSIDIARIES, AND VENDORS SHALL NOT BE LIABLE IN ANY EVENT FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE FOR ANY PURPOSE WHATSOEVER. IF THE ABOVE LIMITATIONS OF LIABILITY FAIL IN THEIR ESSENTIAL PURPOSE FOR ANY REASON, SUCH LIABILITY IS AND SHALL BE LIMITED TO AN AMOUNT EQUAL TO TEN (10%) PERCENT OF THE SUMS PAID TO ANCHOR TRUST BY YOU UNDER THIS AGREEMENT OR $100.00, WHICHEVER IS GREATER, AS LIQUIDATED DAMAGES AND NOT AS A PENALTY, EVEN IF ANCHOR TRUST OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIABILITY, IF ANY, SHALL BE COMPLETE AND EXCLUSIVE. THE PROVISIONS IN THIS SECTION 6 SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
6.5. FTC NOTICE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
7. INDEMNIFICATION
YOU AGREE TO RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS ANCHOR TRUST AND ITS AFFILIATES, SUBSIDIARIES, AND VENDORS, AND EACH OF THEIR MEMBERS, SHAREHOLDERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, VENDORS, AND CONTRACTORS (COLLECTIVELY, THE “INDEMNITEES”), FROM AND AGAINST ANY AND ALL LOSSES, CLAIMS, DEMANDS, AND CAUSES OF ACTION OF ANY KIND OR CHARACTER, INCLUDING COSTS, ATTORNEYS’ FEES, AND EXPENSES INCURRED IN CONNECTION WITH ANY CLAIM BROUGHT BY ANY PERSON OR ENTITY ARISING FROM, IN CONNECTION WITH, OR RELATED TO YOUR ACCESS AND USE OF THE WEBSITE, INCLUDING THE USE OF INFORMATION OBTAINED THROUGH THE WEBSITE. THE OBLIGATIONS TO RELEASE, DEFEND, AND INDEMNIFY AS DESCRIBED IN THIS SECTION APPLY EVEN IF CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE (WHETHER JOINT, SOLE, GROSS, OR CONCURRENT), STRICT LIABILITY, CONTRACTUAL LIABILITIES OF THIRD PARTIES, OR OTHER FAULT, WHETHER PASSIVE OR ACTIVE, OF ANY PERSON OR ENTITY, INCLUDING THE INDEMNITEES, JOINTLY OR SEVERALLY. YOU SHALL COOPERATE FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY SUCH CLAIM.
8. PRIVACY POLICY
These Terms of Use incorporate our Privacy Policy, which can be found at anchortrust.com/privacy-policy
9. UNSOLICITED MARKETING
9.1. Unsolicited Marketing. Anchor Trust promotes responsible e-commerce practices and strictly prohibits the use of its services for broadcasting, distributing, transmitting, or retransmitting unsolicited commercial, non-commercial, bulk, or junk electronic mail (commonly known as “SPAM”).
9.2. Electronic Direct Marketing Programs. Anchor Trust may engage in electronic direct marketing with users who opt to receive specific interest-based electronic mail. Under this Agreement, Anchor Trust does not disclose user names and addresses (electronic or otherwise) to third parties. Advertisers participating in Anchor Trust’s electronic direct marketing programs specify the categories of users likely interested in their products or services. Anchor Trust then sends advertisements to users who have opted to receive emails in those categories. Users can opt out of receiving similar emails by selecting the appropriate option included with each email advertisement sent by Anchor Trust. Additionally, users may unsubscribe from such lists at any time by contacting the System Administrator at valentino@anchortrust.com.
9.3. Reporting SPAM. Users who receive SPAM, threatening, or offensive emails through the Services can report them to Anchor Trust by forwarding the unedited message with the full message header to valentino@anchortrust.com.
9.4. Reservation of Rights. Anchor Trust reserves the right to take all legal or technical measures it deems necessary to prevent the distribution, transmission, or retransmission of SPAM, junk email, threatening or offensive emails, or any emails deemed objectionable by Anchor Trust in its sole discretion. Anchor Trust also reserves the right to suspend or terminate any person or entity’s use of or access to the Service if it determines, at its sole discretion, that such use violates this policy. The failure of Anchor Trust to enforce any provision of this policy shall not constitute a waiver of its right to enforce such provision in the future.
10. MISCELLANEOUS
10.1. Governing Law; Limitations; Venue.
This Agreement is governed by the laws of the State of Florida, excluding any rule or principle that would refer to and apply the substantive law of another state or jurisdiction. To the extent permitted by applicable law, any claims or causes of action arising from or related to your access and use of the Service as contemplated by this Agreement must be filed within two (2) years from the date on which such claim or cause arose. Such claims or causes of action shall be exclusively brought in the state or federal courts located in Broward County, Florida. By using the Service, you consent to the exclusive jurisdiction of such courts and appoint the Secretary of State of Florida as your agent for service of process. You agree to waive any objection that Broward County, Florida courts are an inconvenient forum.
10.2. Assignments.
You may not assign any of your rights, obligations, privileges, or performance under this Agreement without the prior written consent of Anchor Trust. Any assignment not in accordance with this Section 10.2 shall be null and void.
10.3. Severability.
If any provision of this Agreement is found to be unlawful or unenforceable, the court shall reform such provision to make it enforceable, or if reform is not possible, delete such provision. The remainder of the Agreement shall remain in full force and effect.
10.4. Connectivity Charges.
You understand that accessing the Website and using the Services may incur third-party connectivity charges. You are responsible for any such charges incurred, including those from your cell phone or internet service provider, such as fees related to text messaging and data.
10.5. Termination.
Anchor Trust reserves the right to terminate or suspend your use of the Website for any reason. Termination or cancellation of your use of the Website shall not affect any rights or relief to which Anchor Trust may be entitled, at law or in equity. Upon termination of this Agreement, all rights granted to you will terminate and revert to Anchor Trust.
10.6. Notice.
Official correspondence must be sent via postal mail to: Anchor Trust LLC, 1855 Griffin Road, Suite B-428, Dania Beach, FL 33004
10.7. Notice Regarding Electronic Commercial Service for California Users.
Under California Civil Code Section 1789.3, California Site users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 5564 W Sample Rd, Margate, FL 33073, United States, or by telephone at (954) 651-9766.
10.8. Entire Agreement.
This Agreement is effective upon your initial use of the Service. It constitutes the entire agreement between the parties, superseding any prior written or oral agreements between you and Anchor Trust. In case of any inconsistency between this Agreement and any future published terms or understandings, the last published Agreement or terms of use shall prevail.
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY ANCHOR TRUST.
© 2024 Anchor Trust LLC. All rights reserved.
