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Disclaimers and Important Terms and Conditions
Before using the website, you should carefully
read the following Terms and Conditions. The MTB Group of Funds'
website is provided for information purposes only.
This Agreement ("Agreement") describes the terms and
conditions on which you are allowed access and use the MTB Group
Website and various other related web pages and sites (collectively,
the "Website") operated by the MTB Group of Funds ("MTB
Group"), its shareholder servicing agent (M&T Securities,
Inc.) and its investment advisor (MTB Investment Advisors, Inc., a department
of Manufacturers and Traders Trust Company) (collectively, "we",
"our" or "us"). Your use of the Website constitutes
your agreement to all such terms, conditions, and notices. If you
do not agree to abide by these terms and conditions, do not use
the Website. Additionally, some of the web pages on the Website
may provide services, features or offers under their own terms and
conditions of use and you agree to comply with such terms of use
in your use of those services. In the event of a conflict, the additional
terms and conditions will govern for those sections or pages. .
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LIMITED LICENSE.
We grant you a non-exclusive, non-transferable, 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. You acknowledge and agree that
the Content presented to you through the Website is protected
by copyright, trademark, patent or 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 display the Website, or any portion thereof, in
frames (or any of the Content via in-line links) without our
express written permission.
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DISCLAIMERS.
WE ARE NOT RESPONSIBLE FOR ANY INACCURACIES, ERRORS (INCLUDING
TYPOGRAPHICAL ERRORS) OR OMISSIONS, OR FOR THE RESULTS OBTAINED
FROM THE USE OF THE SITES OR THE CONTENT. THE SITES, ALL CONTENT
AND ANY OF THE SERVICES INCLUDED IN OR AVAILABLE THROUGH THE
SITES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH NO GUARANTEE
OF COMPLETENESS, ACCURACY (EITHER WHEN POSTED OR WITH THE PASSAGE
OF TIME), TIMELINESS OR OF THE RESULTS OBTAINED THEREFROM, AND
WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, PERFORMANCE,
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE.
IN ADDITION, M&T MAKES NO REPRESENTATIONS, WARRANTIES OR
GUARANTEES THAT THE SITES WILL BE SECURE, ACCESSIBLE CONTINUOUSLY
AND WITHOUT INTERRUPTION, OR ERROR FREE. YOU AGREE THAT UNDER
NO CIRCUMSTANCE WILL WE OR OUR AGENTS, OFFICERS OR EMPLOYEES
THEREOF BE RESPONSIBLE FOR OR LIABLE TO YOU OR ANYONE ELSE FOR:
ANY CONTENT CONTAINED ON OR OMITTED FROM THE SITES; ANY PERSON'S
RELIANCE ON ANY SUCH CONTENT, WHETHER OR NOT THE CONTENT IS
COMPLETE, CURRENT OR CORRECT; ANY VIRUSES OR DEFECTS THAT MAY
BE FOUND TO EXISTS IN THE SITES, THE CONSEQUENCES OF ANY DECISION
YOU OR ANY OTHER PERSON TAKES OR FAILS TO TAKE WHETHER OR NOT
BASED ON CONTENT PROVIDED BY OR RESULTING FROM USE OF THE SITES.
THE CONTENT, AND ANY ADVICE RECEIVED VIA THE SITES, IS NOT INTENDED,
AND SHOULD NOT BE RELIED UPON, FOR PERSONAL, LEGAL, TAX OR FINANCIAL
DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL
FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. IF YOU ARE DISSATISFIED
WITH ANY PORTION OF THE SITES, OR WITH ANY OF THESE TERMS OF
USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING
THE SITES.
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LIMIT ON DAMAGES.
WE, OUR AGENTS, 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..
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LINKS TO THIRD
PARTY SITES. As a convenience to you, we may provide links
to Web sites operated by others ("Linked Website").
Linked Websites are not under our control and we are not responsible
for the contents thereon. If you use a Linked Website, you will
leave the Website and you do so at your own risk. It is your
responsibility to take all protective measures to guard against
viruses or other destructive elements and understand the privacy
policies of the Linked Website. We make no warranty or representation
regarding, and do not endorse, any Linked Website or the information
appearing thereon or any of the products or services described
thereon.
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Privacy.
Use of the Website is governed by the MTB Group's Privacy
Policy and Internet Privacy policy. Click here
to learn more about the information we collect from cookie files.
Click here
for MTB Group's Privacy Policy.
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Indemnity.
You agree to indemnify M&T and its directors, officers
and employees against any liabilities, losses, expenses or other
costs M&T incurs arising from a breach of any of the terms
hereof by you and for the content of any message sent using
the Email Service.
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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.
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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.
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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.
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Use For Illegal
Activities Prohibited. It is prohibited to use the Website
in violation of the terms herein, 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 or for any 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. 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.
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Agreement To
Arbitrate. All disputes relating to this Agreement, use
of the Website or the Content or the services provided hereunder
shall be subject to final and binding arbitration, with the
losing party paying all costs of arbitration. Any arbitration
relating to this Agreement shall be held in Erie County New
York, under the rules of the American Arbitration Association.
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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. |
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