Terms and Conditions
Effective: February 5, 2026
THE TERMS BELOW CONTAIN AN ARBITRATION PROVISION, REQUIRING THAT ANY DISPUTES OR CLAIMS BE SUBMITTED TO CONFIDENTIAL AND BINDING ARBITRATION. PLEASE SEE SECTION 16 BELOW FOR MORE INFORMATION.
1. Your Agreement to These Terms and Conditions
Bessemer Trust (as defined in Section 2 below and herein referred to as "Bessemer Trust" or "we") provides and makes available to you this website (the "Site") and related services (collectively, such services, including any new features and applications, and the Site, the "Service(s)"), subject to the following Terms and Conditions (as amended from time to time, the "Terms"). These Terms govern access to and use of the information provided at this Site. If you do not agree to these Terms, do not view, or access the Site or access or otherwise use the Services for any purpose. By continuing to view, access or use this Site, you agree to be bound by these Terms. Bessemer Trust may revise these Terms or the Content (as defined below) of the Services at any time without prior notice. You are encouraged to review these Terms carefully prior to using this Site and each time you return as they are subject to change. Bessemer Trust reserves the right, in its sole discretion, to change, restrict, suspend, or terminate these Terms and your access to all or any part of the Services or the Content at any time and for any reason without prior notice or liability.
Your access to and use of the Services is also subject to Bessemer Trust's Privacy Policy, the provisions of which are hereby incorporated herein by reference.
The Site is offered solely to persons who are at least eighteen (18) years of age and possess full legal capacity to enter into binding contracts under applicable law. By accessing or using the Site, you represent and warrant that you satisfy both criteria. If you do not meet either requirement, you must not access or attempt to use the Site.
Certain sections of this Site may contain separate terms and conditions, which are in addition to these Terms. You should read those additional terms and conditions carefully. By accessing such sections or pages, you agree to be bound by those additional terms and conditions. In the event of a conflict, those additional terms and conditions will govern your use of those sections or pages. You may be asked to execute supplemental agreements before you are permitted to access or use certain features or functionality within this Site (each, a “Supplemental Agreement”). In the case of Supplemental Agreements presented to you online, you authorize Bessemer Trust to rely upon “checks” or “clicks” in designated locations as your electronic signature and your agreement to the terms of such Supplemental Agreements. These Terms are in addition to any Supplemental Agreement and are not intended to supersede or modify any such Supplemental Agreement.
2. Bessemer Trust
Bessemer Trust refers to The Bessemer Group, Incorporated, a financial holding company located in Woodbridge, NJ and regulated by the Federal Reserve Board, and its subsidiaries worldwide. Investment management, custody and fiduciary services are provided in the United States by Bessemer Trust Company, a New Jersey state chartered bank and depository trust company located in Woodbridge, NJ and regulated by the Federal Deposit Insurance Corporation (“FDIC”) and the New Jersey Department of Banking and Insurance; Bessemer Trust Company, N.A., a national bank headquartered in New York, NY and regulated by the Office of the Comptroller of the Currency (“OCC”); Bessemer Trust Company of California, N.A., a national bank and non-depository trust company located in San Francisco, CA and regulated by the OCC; Bessemer Trust Company of Delaware, N.A., a national bank and non-depository trust company located in Wilmington, DE and regulated by the OCC; Bessemer Trust Company of Nevada, N.A., a national bank and non-depository trust company located in Las Vegas, NV and regulated by the OCC; and Bessemer Trust Company of Florida, a Florida state chartered non-depository trust company located in West Palm Beach, FL and regulated by the Florida Office of Financial Regulation and the Federal Reserve Bank of Atlanta. Bessemer Trust Company (NJ) and Bessemer Trust Company, N.A. (NY) are FDIC members and their deposit accounts are insured by the FDIC up to the standard maximum deposit insurance limits established by FDIC rules. The other affiliates of Bessemer Trust are not members of the FDIC and do not issue FDIC-insured deposits. Bessemer Trust Company (Cayman) Limited, provides investment management, custody and fiduciary services in the Cayman Islands and is regulated by the Cayman Islands Monetary Authority. Bessemer Investment Management LLC is an SEC-registered investment adviser located in New York, NY, and Bessemer Investor Services, Inc. is an SEC-registered broker dealer located in New York, NY and a member of the Financial Industry Regulatory Authority. Each of the aforementioned entities is a separate legal entity.
3. Limited Use and Purpose
The Services are for informational purposes only and do not constitute a recommendation, an offer to sell, or a solicitation of an offer to buy any securities, futures, options or other financial instruments ("Securities"), nor shall any such Securities be offered or sold to any person in any jurisdiction whose laws would make such offer, solicitation, purchase, or sale unlawful. Nothing contained on the Site is intended to be or should be construed as legal, tax or investment advice.
Each time you access this Site for any purpose, you shall be deemed to represent, warrant, and covenant to Bessemer Trust that you are not (a) located in, or a national or resident of, or associated with the government of, any country that is subject to U.S. trade sanctions, or (b) on any U.S. prohibited party or sanctions list or acting on behalf of or owned or controlled by any person or entity on any such list.
Our Services are offered only in jurisdictions where they may be lawfully offered; and are subject to the terms of the applicable Client agreement and related documentation. NOT ALL SERVICES MENTIONED ON THIS SITE ARE INTENDED TO BE AVAILABLE IN ALL JURISDICTIONS.
4. Site Access and Security
Your Registration Obligations: Your access and use of this Site and the Services may require you to register with Bessemer Trust. If you choose to register for the Site and the Services, you agree to provide and maintain true, accurate, current and complete information about yourself as requested by Bessemer Trust. Registration data and certain other information about you are governed by our Privacy Policy.
Password and Security: This Site is protected by passwords and requires a login. You may not obtain or attempt to obtain unauthorized access to this Site, or to any other protected materials or information, through any means not intentionally made available by Bessemer Trust for your specific use. You are solely responsible for maintaining the confidentiality of your username, password and other authentication features, if any, and are fully responsible for any and all activities that occur under your password or other authentication features. As an authorized user of this Site, you accept full responsibility for the monitoring of your account including checking your account information, reviewing your transaction history, and promptly reviewing any correspondence, account statements, or confirmations received from Bessemer Trust. You agree to (a) immediately notify Bessemer Trust of any unauthorized use of your password or other authentication features or any other breach of security, and (b) ensure that you exit from the Site at the end of each session when accessing the Services. Bessemer Trust will not be liable for any loss or damage arising from your failure to comply with these Terms. You agree to cooperate with Bessemer Trust in any investigation and agree to take corrective measures to protect your account from fraudulent activity.
Modifications to Services: Bessemer Trust reserves the right to modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Bessemer Trust will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
General Practices Regarding Use and Storage: You acknowledge that Bessemer Trust may establish general practices and limits concerning use of the Services, including without limitation the maximum period of time that data or other content will be retained by the Services and the maximum storage space that will be allotted on Bessemer Trust's servers on your behalf. You agree that Bessemer Trust has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Services. You acknowledge that Bessemer Trust reserves the right to terminate access to the Site for users who are inactive for an extended period of time. You further acknowledge that Bessemer Trust reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
5. Investment Products are Not Federally Insured
Securities (including shares of mutual funds), alternative investments, and other investment products referenced on the Site or any page hereof are not bank deposits and are not federally insured or guaranteed by the United States Government, the FDIC or any other governmental agency of the United States, nor are they obligations of, or insured or guaranteed by, Bessemer Trust or any of its subsidiaries or affiliates. Securities (including shares of mutual funds) and other investments involve investment risks, including the possible loss of value. Your eligibility for particular investment options or services is subject to final Bessemer Trust determination and acceptance.
6. Investment Products – Performance, Pricing, and Risk
Pricing and other information generated through the use of data or Services made available on this Site may not reflect actual or current prices or values that would be available in the market at the time provided or at the time that you may want to purchase or sell a particular investment or security. In addition, credit ratings are statements of opinions and are not statements of fact. Any reference to a particular investment or security, a rating or any observation concerning an investment that is part of this information is not a recommendation to buy, sell or hold such investment or security or other asset, does not address the suitability of an investment or security or other asset for any particular investor, and should not be relied on as investment advice. Past performance is not indicative of future results.
Before investing, you should consider whether any investment, investment strategy, security, other asset, or related transaction is appropriate for you based on your personal investment objectives, financial circumstances, and risk tolerance. You are also encouraged to consult your legal, tax, or insurance professional regarding your specific situation.
7. No Investment Advice or Recommendations
The Services and Content (as defined below) are for information and education purposes only. Although Bessemer Trust may provide information relating to investment approaches, you should not construe such information, features, tools or other content available through this Site as legal, tax, investment, financial or other advice. Nothing contained herein constitutes a solicitation, recommendation, endorsement, or offer by Bessemer Trust to buy or sell any securities or other financial instruments.
8. Disclaimer of Warranties and Limitations on Bessemer Trust’s Liability
ALL CONTENT ON THIS SITE IS PRESENTED ONLY AS OF THE DATE AND TIME PUBLISHED OR INDICATED AND MAY BE SUPERSEDED BY SUBSEQUENT MARKET EVENTS OR FOR OTHER REASONS. USERS ARE CAUTIONED NOT TO PLACE UNDUE RELIANCE ON ANY FORWARD-LOOKING STATEMENTS (INDICATED BY LANGUAGE SUCH AS “BELIEVE”, “ANTICIPATE”, “EXPECT” OR SIMILAR WORDS) WHICH WERE BASED ON INFORMATION AVAILABLE AT THE TIME THEY WERE MADE. BESSEMER TRUST UNDERTAKES NO OBLIGATION TO UPDATE OR REVISE ANY DATED, FORWARD-LOOKING, OR OTHER STATEMENTS.
BESSEMER TRUST, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS (COLLECTIVELY, THE "BESSEMER TRUST PARTIES") MAKE NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS ABOUT THE INFORMATION ON THIS SITE AND THE CONTENT, INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR RELIABILITY. THE BESSEMER TRUST PARTIES SHALL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF THE CONTENT OR ANY OTHER INFORMATION CONVEYED TO THE USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE SERVICES AND THE CONTENT AT YOUR OWN RISK. BESSEMER TRUST MAY CHANGE THIS SITE AND ANY CONTENT THEREON AT ANY TIME WITHOUT NOTICE, AND BESSEMER TRUST DOES NOT WARRANT THAT ANY DEFECTS OR INACCURACIES WILL BE CORRECTED OR THAT THEY WILL BE CORRECTED IN A TIMELY MANNER.
THE BESSEMER TRUST PARTIES DO NOT WARRANT THAT (I) THE SERVICES WILL OPERATE ERROR FREE OR MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, OR (V) THAT THE SERVICES, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SERVICES OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO BESSEMER TRUST PARTY SHALL BE RESPONSIBLE FOR THOSE COSTS.
THE SITE AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE BESSEMER TRUST PARTIES DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF TITLE, MERCHANTABILITY, NON- INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE BESSEMER TRUST PARTIES WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE BESSEMER TRUST PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES.
SOME STATES DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, IN SUCH STATES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU, AND THE LIABILITY OF THE BESSEMER TRUST PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
ADDITIONALLY, THE FOREGOING SHALL NOT APPLY WITH RESPECT TO CERTAIN COMMUNICATIONS, NOTICES, AND OTHER DISCLOSURES, INCLUDING STATEMENTS, RECORDS OF TRANSACTIONS, PROSPECTUSES, AND ANY OTHER COMMUNICATIONS THAT BESSEMER TRUST IS REQUIRED BY LAW TO PROVIDE TO OUR CLIENTS (COLLECTIVELY REFERRED TO AS "NOTICES") AND WHICH BY THEIR NATURE ARE LEGALLY REQUIRED TO BE EXEMPTED THEREFROM.
9. Indemnification
Other than with respect to Notices, and except as provided by law, you will, and you agree to, defend, indemnify, and hold harmless the Bessemer Trust Parties from and against any claims, actions or demands, including, without limitation, reasonable legal and other fees, arising or resulting from your breach of these Terms or your access to, use or misuse of the Content or the Services. Bessemer Trust shall provide notice to you of any such claim, suit, or proceeding. Bessemer Trust reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests for assisting Bessemer Trust's defense of such matter.
10. Restrictions on Use of the Site, Services and Content
Bessemer Trust owns and operates the Site and provides the Services. Permission is granted to view, display and navigate the Site and to access and use Services solely for lawful, personal, and non-commercial use. Any illegal, commercial, or public use of the Site, Services or any portion hereof or thereof is strictly prohibited.
The Services contain material, including but not limited to software, text, graphics and images (collectively referred to as the "Content"). The Content is owned by or licensed to Bessemer Trust and is protected by intellectual property laws of the United States and other jurisdictions. Unauthorized use of the Content may result in violation of copyright, trademark, or other laws. Except as expressly granted herein, you have no rights in or to the Content, and you may not use, copy, transmit, distribute, or display the Content except as permitted under these Terms. You may download Content displayed on the Site for lawful, non-commercial, personal use only, provided all copyright and other proprietary notices are retained. No other use is permitted without Bessemer Trust's prior written consent, and except as stipulated in the foregoing sentence you may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative work from, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of any of the Content on any other web site or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of these Terms, your right to access and/or use the Content and Services shall automatically terminate and you shall immediately destroy any copies you have made of the Content. You agree not to: (a) take any action that imposes an unreasonable load on the Site's infrastructure or overburden any Bessemer Trust server, or any network connected to any Bessemer Trust server, (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the Services or any activity being conducted on the Site, (c) use this Site in any manner that would interfere with any other party’s use of the Site; (d) introduce or permit any person to introduce into this Site any code or malicious or hidden mechanisms that would impair the operation of this Site, or of Bessemer Trust’s computers, networks, or other devices or software, (e) attempt to decipher, decompile, disassemble or reverse engineer any of the software that enables the Site or any feature of it, (f) delete or alter any Content, or (g) frame or link to any Content.
11. Trademarks and Copyrights
All trademarks, service marks, trade names, and logos displayed on the Site, whether registered or unregistered (collectively referred to as "Trademarks"), are proprietary. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademarks without the prior written permission of Bessemer Trust or the third party Trademark owner, as applicable. Your use of the Trademarks, except as expressly authorized herein, is strictly prohibited. The Trademarks may not be used to disparage the business, reputation, products or services of the Trademarks' owners, whether Bessemer Trust or a third-party. All goodwill generated from the use of the Trademarks shall inure to the benefit of the Trademark owner, whether Bessemer Trust or a third party.
Images displayed on the Site are either the property of, or used with permission by, Bessemer Trust. Your use of these images is prohibited unless specifically permitted herein, and any unauthorized use of the images may infringe copyrights, publicity rights or other proprietary rights, or violate communications regulations or statutes. If you download any Content, you agree that you will not copy it or remove or obscure any copyright or other notices or legends contained in the Content.
Certain elements of the Services are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to, the use of framing or mirrors, except as otherwise expressly permitted by these Terms. None of the Content may be retransmitted without the express written consent from Bessemer Trust in each instance.
12. Communications Are Not Confidential
Information submitted to the Site should not be considered secure or confidential, and Bessemer Trust makes no representation whatsoever concerning the security or confidentiality of such information. Bessemer Trust specifically makes no representation that any information submitted through the Site will be received by Bessemer Trust. If you are a Bessemer Trust client, please send any electronic communications directly to your Client Advisor.
13. Use of Links
The Site contains links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement by Bessemer Trust of the content on such websites. The content of such websites is developed and provided by others. Should you leave the Site via a link contained herein and view content that is not provided by Bessemer Trust, you do so at your own risk. The content to which you link will not have been developed, checked for accuracy, or otherwise reviewed by Bessemer Trust. Bessemer Trust is not responsible for damages or losses caused by any such website, whether actual, alleged, consequential or punitive. Bessemer Trust makes no guarantees or representations as to, and shall have no liability for, any information delivered by any third party, including, without limitation, the accuracy, subject matter, quality or timeliness of any electronic content.
14. SEC Materials
Certain information provided through the Site has been filed with the Securities and Exchange Commission ("SEC") (such materials being referred to as "SEC Materials"). Bessemer Trust does not assume any duty of disclosure beyond that which is imposed by law and expressly disclaims any duty to update any information set forth in the SEC Materials. Individual statements appearing in the SEC Materials are intended to be read in conjunction with and in the context of the complete SEC Materials in which they appear, rather than as stand-alone statements.
Certain statements included in both the SEC Materials and other public disclosures contained on the Site are "forward-looking statements" within the meaning of the Private Securities Litigation Reform Act of 1995. Such forward-looking statements are subject to risks, uncertainties, and other factors that could cause actual results to differ materially from future results expressed or implied by such forward-looking statements. The most significant of such factors include the performance of financial markets, the investment performance of Bessemer Trust's sponsored investment products and separately managed accounts, general economic conditions, competitive conditions, and government regulations, including changes in tax rates. You are cautioned to consider carefully such factors. Further, such forward-looking statements speak only as of the date on which such statements are made; Bessemer Trust undertakes no obligation to update any forward-looking statements to reflect events or circumstances after the date of such statements.
15. Ownership of Other Materials
Adobe, Acrobat, Acrobat Reader, and the Acrobat logo are trademarks of Adobe Systems Incorporated. Microsoft and Internet Explorer are trademarks of Microsoft Corporation. Standard & Poor's, S&P, Standard & Poor's 500, S&P 500, and others are trademarks of The McGraw-Hill Companies, Inc. Sector and Industry classifications included in the Site utilize the Global Industry Classification Standard ("GICS"). GICS is the exclusive property and a service mark of Morgan Stanley Capital International Inc. ("MSCI") and Standard & Poor's ("S&P"), a division of The McGraw-Hill Companies, Inc. Neither MSCI nor S&P makes any express or implied warranties or representations, and neither shall have any liability for any direct, indirect, special, punitive, consequential or any other damages (including lost profits) with respect to GICS data or results obtained therefrom.
16. Arbitration
Any dispute, controversy, or claim arising out of or relating to your viewing, accessing or use of these Terms, the Site or the Services will be submitted to and determined exclusively by confidential, binding, and final arbitration administered by JAMS in accordance with its Comprehensive Arbitration Rules and Procedures. We each hereby waive our right to seek remedies in court, including the right to a jury trial or to participate in a class action. Except as may be required by law, neither of us may disclose the existence, content or results of any arbitration hereunder without the prior written consent of the other party.
We each acknowledge that: (a) pre-arbitration discovery is generally more limited than and different from court proceedings, (b) the arbitrators' award is not required to include factual findings or legal reasoning and any party's right to appeal or to seek modification of rulings by the arbitrators is strictly limited and (c) the award of the arbitrators or the majority of them will be final and binding on each of us, and judgment on the award rendered may be entered in any court having jurisdiction. No person will bring a putative or certified class action to arbitration, nor seek to enforce any pre-dispute arbitration agreement against any person who has initiated in court a putative class action or who is a member of a putative class who has not opted out of the class with respect to any claims encompassed by the putative class action until: (a) class certification has been denied, (b) the class has been decertified or (c) the person is excluded from the class by the court. Such forbearance to enforce an agreement to arbitrate will not constitute a waiver of any rights under this Section 16 except to the extent herein stated.
A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Bessemer Trust should be sent to General Counsel, Bessemer Trust Company, N.A., 1271 Avenue of the Americas, New York, NY 10020, with a copy to [email protected] (“Notice Address”). The Notice must contain the following information: (i) the party’s name and contract information; (ii) a detailed description of the nature and basis of the claim or dispute; and (iii) the specific relief sought. After receipt of the Notice, there will be sixty (60) calendar days during which you and Bessemer Trust may attempt to resolve the dispute through informal, good-faith negotiations. Either party may request a personal telephone or video conference as part of the information negotiations. If such a conference is requested, the other party agreed to participate. If no resolution is reached within sixty (60) calendar days, you or Bessemer Trust may commence an arbitration proceeding. Neither party may initiate an arbitration unless this procedure is complied with. During any arbitration, the amount of any settlement offer made by Bessemer Trust or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Bessemer Trust is entitled.
In the event that any term or provision of this arbitration agreement is held invalid or unenforceable, the remainder of the agreement shall be considered enforceable and valid and effect shall be given to the intent of the portion(s) held unenforceable and invalid so far as reasonable and possible.
17. Jurisdiction, Governing Law and Miscellaneous
The Site is controlled and operated by Bessemer Trust from its offices within the United States. Bessemer Trust makes no representation that the Content is appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access the Site from other jurisdictions are responsible for compliance with applicable local laws. You may not use or export the materials on the Site in violation of U.S. export laws and regulations. By downloading any Content, you are expressly agreeing that you are not in a country where such export is prohibited or are a person or entity for which such export is prohibited. You are solely responsible for compliance with the laws of your specific jurisdiction regarding the import, export, or re-export of such Content.
The information provided on the Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Bessemer Trust or its affiliates to any registration requirement within such jurisdiction or country.
These Terms and their enforcement are governed by the laws of the State of New York without regard to conflicts of law, and shall inure to the benefit of Bessemer Trust’s successors and assigns, licensees, and sublicensees whether by merger, consolidation, or otherwise.
Failure of Bessemer Trust to act on or enforce any provision of these Terms of Service shall not be construed as a waiver of that provision or any other provision herein. No waiver shall be effective against Bessemer Trust unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.
If any provision of these Terms is found to be unenforceable or in conflict with applicable laws, rules, or regulations, either present or future, by any court having competent jurisdiction, that provision will be enforced to the maximum extent permissible, and the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. Except as expressly agreed by Bessemer Trust and you, these Terms constitute the entire agreement between you and Bessemer Trust with respect to the subject matter, and supersede all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. You are responsible for protecting your important and private information. Bessemer Trust is not liable for the protection of privacy of electronic mail or other information transferred through the Internet or any other network that you may use.