Terms and Conditions of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE.

By using this web site, you signify your agreement to these terms and conditions of use. If you do not agree to these terms of use, please do not use the web site. HighMark® Capital Management, Inc. ("HighMark") reserves the right, at its discretion, to change, modify, add, or remove portions of these terms at any time, and therefore, you should periodically check these terms for changes. Your continued use of the HighMark web site following the posting of changes to these terms (including the MUFG Union Bank, N.A. Privacy Notice) will mean you accept those changes.

The contents of this web site are for informational and educational, personal, non-commercial purposes only. Unauthorized use of web sites and systems of HighMark, including but not limited to unauthorized entry into HighMark systems, misuse of passwords, or misuse of any information posted to a site, is strictly prohibited.

Links to Other Sites

Links to non-HighMark web sites ("third party web sites") may be provided as pointers to product and service information on topics that may be useful to the user of this web site or for other reasons. In most cases, HighMark does not have any control over the content of such third party web sites. In all cases, your use of such web sites is at your own risk, and you agree to read and adhere to the policies and terms of use applicable to those sites. Links to third party web sites do not imply any endorsement of or responsibility for the opinions, ideas, products, information, or services offered at such sites, or any representation regarding the content at such web sites.

No Warranty/Disclaimers

HighMark created this web site and makes available third party web sites for the convenience of its Internet visitors. The information on this web site and third party web sites (including without limitation, text, graphics, and functionality) may be provided by third parties and is presented on this web site and third party web sites "As Is" and “As Available” without express or implied warranties including, but not limited to, implied warranties of non-infringement, merchantability, fitness for a particular purpose, suitability, freedom from viruses or other harmful code. HighMark does not warrant or guarantee the continued availability, reliability, accuracy, authenticity, completeness, results or performance of any information on the web site or any third party web site or the suitability of such information for any particular purpose. HighMark expressly disclaims all warranties and representations and any liability for errors and omissions regarding the information and materials contained on the web site or any third party web site. Any calculators or other interactive planning or assessment tools which from time to time may be provided for Internet users represent general hypothetical planning tools, and none of the information constitutes or is a substitute for the advice of a qualified legal, tax, accounting, or investment professional. Talk to your investment and other professionals to review in more depth your specific situation and to confirm the results of any assessments or calculations you make with these tools.

The information on this web site and any third party web site is not an offer to sell, a solicitation of, or an offer to buy any security or insurance product. No security or other product offered by HighMark and its affiliates is knowingly offered or will be knowingly sold in any jurisdiction in which such offer or solicitation, purchase or sale would be unlawful under the securities laws or other laws of such jurisdiction. No such security or product is knowingly offered or will be knowingly sold in any jurisdiction by an entity that is not properly licensed to do so in such jurisdiction. Some products may not be available in all states.

Limitation of Liability

HIGHMARK WILL NOT BE LIABLE FOR ANY UNAVAILABILITY, DELAY, DIFFICULTY IN USE, INACCURACY OF INFORMATION, COMPUTER VIRUSES, MALICIOUS CODE, OR OTHER DEFECT IN THIS WEB SITE OR ANY THIRD PARTY WEB SITE, OR FOR THE INCOMPATIBILITY BETWEEN THIS WEB SITE AND/OR ANY THIRD PARTY WEB SITE AND FILES AND THE USER'S BROWSER OR OTHER SITE-ACCESSING PROGRAM, NOR WILL HIGHMARK BE LIABLE FOR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND HIGHMARK’S CONTROL. NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS.

HIGHMARK IS NOT RESPONSIBLE FOR ANY LOSS, PROPERTY DAMAGE, OR BODILY INJURY IN CONNECTION WITH ACCESS TO, USE OF, OR INABILITY TO USE THIS WEB SITE OR ANY THIRD PARTY WEB SITE. UNDER NO CIRCUMSTANCES WILL HIGHMARK BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOST OPPORTUNITY, OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR FOR ANY DESTRUCTION OR CORRUPTION OF YOUR COMPUTER EQUIPMENT ARISING OUT OF ANY USE OF OR INABILITY TO USE THE WEB SITE, ANY THIRD PARTY WEB SITE OR ANY PORTION OF EITHER, REGARDLESS OF WHETHER HIGHMARK HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.

NOTHING HEREIN SHALL BE CONSTRUED AS LIMITING OR REDUCING HIGHMARK’S RESPONSIBILITIES AND OBLIGATIONS TO CLIENTS UNDER APPLICABLE LAWS AND REGULATIONS.

Indemnity

In consideration of your use of the HighMark web site and/or third party web sites, you agree to indemnify HighMark, any third party web site host and any third party information or service providers from and against any and all claims, losses, liabilities, damages, costs and expenses (including, without limitation, reasonable attorneys' fees and costs) arising out of or related to: (i) your use of the respective web site(s), (ii) your breach of these web site terms and conditions, (iii) your violation of any person's or entity's legal rights (including, without limitation, copyright, patent, trade secret, trademark, or other proprietary rights, or publicity, contract, moral, or privacy rights), (iv) your violation of any applicable law, rule or regulation, or (v) your negligence, recklessness, or misconduct.

Copyright

©2015 HighMark Capital Management, Inc. All rights reserved. You may not copy, modify, distribute, create any derivative or compilation work from or display the HighMark name or logo, or any text, graphic images, or other content from the HighMark web site or redeliver such content using framing or similar technology. Any commercial use of the web site content is prohibited unless HighMark has provided written consent prior to such use.

Trademark

The unauthorized use of any marks held by HighMark may violate federal and state unfair competition law and applicable trademark law. All other marks are the property of their respective owners. Please be advised that these intellectual property rights are actively and aggressively enforced to the fullest extent of the law.

Potential Disruption of Service

Access to the web site may from time to time be unavailable, delayed, limited, or slowed due to, among other things:

  • hardware failure, including among other things failures of computers (including your own computer), servers, networks, telecommunication lines and connections, and other electronic and mechanical equipment;
  • software failure, including among other things bugs, errors, viruses, configuration problems, incompatibility of systems, utilities, or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content;
  • overload of system capacities;
  • damage caused by severe weather, earthquakes, wars, insurrection, riots, civil commotion, acts of God, accidents, fire, water damage, explosions, mechanical breakdowns, or natural disasters;
  • interruption (whether partial or total) of power supplies or other service utilities;
  • strike or other stoppage (whether partial or total) of labor;
  • governmental or regulatory restrictions, exchange rulings, court or tribunal orders, or other human intervention; or
  • any other cause (whether similar or dissimilar to any of the foregoing) whatsoever beyond the control of HighMark.

Other Agreements

If you have an account or other relationship with HighMark, MUFG Union Bank, N.A. ("Union Bank"), UnionBanc Investment Services LLC or any other Union Bank affiliate, that relationship(s) is governed by the agreement applicable to that account or relationship. These terms and conditions for use of the HighMark web site and any third party web sites do not affect the terms and conditions of those other agreements, including any separate agreement for the use of electronic services on any Union Bank or any Union Bank affiliate web site, and any conflicting terms between those agreements and the terms and conditions of this agreement will be governed by the terms of the other agreements for those services.

Enforceability and Governing Law

If HighMark in its sole discretion believes that you are violating these terms and conditions of use of this web site, HighMark may terminate, suspend or otherwise restrict your access to the web site at any time and without prior notice to you and without liability to you. You agree that HighMark has the right, but is not obligated, to monitor your use of the HighMark web site and you release HighMark from any liability for doing so.

In the event any of the terms or provisions of these terms and conditions shall be held to be unenforceable, the remaining terms and provisions shall remain in full force and effect. The laws of the State of California govern the user's access to and use of the highmarkcapital.com web site and these terms and conditions.