This website (the "Site"), and any tools and/or services (including employee benefits processing and recordkeeping services) offered and/or provided through the Site (collectively, the "Services"), are provided to you ("User" or "you") by your plan sponsor and its technology vendor ("we") conditioned upon your acceptance of these Terms of Use (the "Terms"). You agree to read these Terms carefully before using the Site or any of the Services thereon. By using the Site or any Services, you agree to these Terms. If you do not agree to these Terms, you may not use the Site or any Services. These Terms are subject to change from time to time, and at any time without notice to you. Any changes will be incorporated into the Terms posted to the Site from time to time.
Authorized Use and User Conduct
You agree that you will use the Site and the Services in a manner consistent with these Terms and other instructions posted on the Site. You agree not to interrupt or attempt to interrupt the operation of the Site or the Services in any way or to attempt to gain unauthorized access to the Site, any portion thereof, or to any other computer systems through the Site. You agree that you will not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. Unauthorized use of the Site, including but not limited to unauthorized entry or attempted entry into any systems, misuse of passwords, misuse of any information posted to the Site, or illegal conduct is strictly prohibited. We reserve the right to prohibit access to anyone determined by us to be violating or attempting to violate these Terms.
Account and Password
In the course of your use of the Site and our provision of the Services, we may be provided with your personal and confidential information (such information referred to hereinafter as "User Information"). Our information collection and use policies with respect to the privacy of such User Information are set forth in the Site’s Privacy Statement, located on the Login screen, which is incorporated herein by reference for all purposes. You acknowledge and agree that you are responsible for the accuracy and content of all User Information and hereby warrant such accuracy.
When you enroll to be able to use the Site, you will be issued an account, which will have an assigned user name and password. You are responsible for maintaining the confidentiality of your user name and password. You are solely responsible for all transactions, communications, and acts or omissions that occur through the use of your user name and password by you or any person or entity using a password provided to you, whether or not such access or use has been authorized by you. You agree to ensure that you log out from your account at the end of each session. It is your sole responsibility to control the dissemination and use of your password, and to control access to and use of your account. We will not be responsible or liable for any loss or damage arising from your failure to comply with this provision. If you believe that someone has accessed your account on the Site without your authorization, you should immediately contact us using the information on our "Contact Us" page.
By creating an account to use the Site and Services, you agree that we may send you marketing information via mail and email, provided that you many cancel such mailings and/or emails at any time with notice to us.
Third Party Service Providers
We may use third party service providers (“Third Party Service Providers”) to provide certain content or Services with or without notice to you. We may also change Third Party Service Providers from time to time and at any time with or without notice to you. You consent and authorize us to delegate the authorizations you provide to us to Third Party Service Provider(s) as we deem necessary or desirable to provide the Services.
Service Related Text Messaging
Important information related to the Site and the Services provided may be communicated via text messaging. Upon successfully verifying your cell phone number you will receive general Site notifications. The Communications page allows you to refine your messaging options, select additional messaging areas or opt out of current messages. You may also opt out by responding “STOP” to a received text message. Message frequency varies based upon the communications selected and meeting message conditions. Contact Us or responding “HELP” to a received text message provides contact and telephone information for additional assistance. Message and data rates may apply to text messages. Carriers are not liable for delayed or undelivered messages.
Copyrights, Trademarks and Downloading
The Site and the Services contain copyrighted works, trademarks and other proprietary material owned by us or Third Party Service Providers. We and our suppliers own, all rights, title and interest in and to the Site, all the content, data and materials thereon (with the exception of your personal and account information), the look and feel, design and organization of the Site, and the compilation of the content, data and materials on the Site, including but not limited to any copyrights, trademark rights, patent rights, and other intellectual property and proprietary rights therein. If no restrictions are displayed, you may download, view and copy the information available from the Site for non-commercial personal or educational purposes only, provided that each copy includes the copyright, trademark or service mark notices or attributions as they appear on the screens copied; provided, however, that you should refrain from downloading any documents or information if you are using a public computer or an employer kiosk. Except as stated above, you may not copy, reproduce, modify, create derivative works, publish, transmit, display, sublicense or distribute material or images from the Site without our express written permission or that of the Third Party Service Provider, as applicable. Any commercial distribution, publishing or exploitation of the Site or the materials on the Site is strictly prohibited.
No Employee Benefit or Investment Advice
The content and tools that are available on the Site are for information and education purposes which you may use in your own discretion. The Site may also make available information relating to investment approaches and general investment guidance. The information and tools available to you on the Site are not intended to provide legal, tax, investment, financial, benefits, or other advice. The economic modeling and forecasting features offered on the Site are for illustrative purposes only and are not necessarily indicative of future results. The projections resulting from these features are based in part on estimates and assumptions that may or may not come true. There can be no guarantee that your funds or accounts will achieve the results projected. YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. Nothing contained in the Site or Service should be construed as a solicitation, recommendation, endorsem*nt, or offer to buy or sell any securities or other financial instruments. You are solely responsible for any employee benefit or investment decisions that you make based upon your evaluation of the information and use of the Services on the Site. Neither we nor any Third Party Service Provider will have any responsibility or liability to you based upon your use of the Site or Services, including without limitation any decisions that you make utilizing the Site or Services. Additionally, you acknowledge that we do not have any responsibility or liability to you with respect to your medical and/or financial outcomes and we hereby disclaim any such liability.
Disclaimers
SOME OF THE CONTENT ACCESSIBLE ON THE SITE OR SERVICES MAY BE PROVIDED BY THIRD PARTY SERVICE PROVIDERS. ANY SERVICES, OPINIONS, OFFERS OR OTHER INFORMATION GIVEN OR PROVIDED BY THIRD PARTY SERVICE PROVIDERS ARE THOSE OF THE RESPECTIVE PROVIDERS OF SUCH CONTENT AND SERVICES AND ARE NOT OURS. IN SOME INSTANCES YOU WILL BE PROVIDED WITH NOTICE THAT YOUR ACCESS TO AND USE OF THIRD PARTY SERVICE PROVIDER CONTENT AND SERVICES IS SUBJECT TO A SEPARATE AGREEMENT AND TERMS OF USE THAT YOU WILL BE REQUIRED TO CONSENT TO WITH THE THIRD PARTY SERVICE PROVIDER OF THE APPLICABLE CONTENT AND SERVICES. WE ARE NOT A PARTY TO ANY SUCH SEPARATE AGREEMENTS OR TERMS OF USE YOU MAY CONSENT TO WITH SUCH THIRD PARTY SERVICE PROVIDERS. Any separate agreement or terms of use to which you are required to consent with a Third Party Service Provider are in addition to these Terms. In the event of a conflict, the Third Party Service Provider terms and conditions will govern with respect to the content and services provided by the applicable Third Party Service Provider.
ALTHOUGH WE USE REASONABLE EFFORTS TO PROVIDE ACCURATE AND UP-TO-DATE INFORMATION THROUGH THE SITE, NEITHER WE NOR ANY THIRD PARTY SERVICE PROVIDER MAKES ANY WARRANTIES OR REPRESENTATIONS AS TO THE AVAILABILITY, ACCURACY, RELIABILITY, UPTIME OR UNINTERRUPTED ACCESS, OR COMPLETENESS OF CONTENT ON THE SITE AND ANY SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION CONTAINED ON THE SITE AND ANY SERVICE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Limitation of Liability
UNDER NO CIRc*msTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OR OUR SUBSIDIARY AND PARENT COMPANIES OR THEIR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR ANY THIRD PARTY SERVICE PROVIDERS (COLLECTIVELY, THE "PROTECTED ENTITIES") BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES THAT RESULT DIRECTLY OR INDIRECTLY FROM (1) THE USE OF OR INABILITY TO USE THE SITE OR ANY SERVICES, CONTENT, MATERIALS OR FUNCTIONS RELATED THERETO, (2) THE CONSEQUENCES OF ANY DECISION MADE OR ACTION OR NON-ACTION TAKEN BY YOU AS A RESULT OF YOUR USE OF THE SITE OR ANY SERVICES, OR (3) ANY OTHER MATTER RELATING TO THE CONTENT, SERVICES, OR DISTRIBUTION OF SERVICES THROUGH THE SITE. IN THE EVENT THAT YOU SUFFER DAMAGES ARISING FROM YOUR USE OF THE SITE OR ANY SERVICES, YOU MAY SEEK RECOURSE THROUGH YOUR EMPLOYER OR BENEFIT PLAN.
Links To Other Websites
The Site may provide links to other websites that we think might be of interest to Users ("Linked Sites"). Links to other websites are provided only as a convenience to Users of the Site. When you click on one of these links, you will be interacting with a third party's website. These Linked Sites and their providers are not controlled by us, and we are not responsible for the contents, services or the operation of any Linked Site. The inclusion of a link to a Linked Site does not imply any endorsem*nt of such website. We have no responsibility for the information, content, products, services, advertising or other materials, which may or may not be provided by or through a Linked Site, including without limitation the quality, accuracy or reliability thereof. We encourage you to read the terms of use and privacy statements of these Linked Sites as their policies may differ from those of the Site, including without limitation the information collected on such websites from parties who visit such sites through links on the Site. We may discontinue such links at anytime.
Protecting Your Information
We utilize reasonable security technologies to protect confidential information. However, the security of this information depends on, among other things, the security of your computer and the network it may be on, the security you use to protect your confidential information, the security provided by your Internet access services provider, the security of the means of transmission of data through the Internet and, more generally, on the effectiveness of the security technologies that are used to protect your confidential information. Although we take reasonable security precautions regarding information transmitted to and stored on the Site, due to the open nature of the Internet, we cannot guarantee that any information stored on our servers, or transmitted to or from a User, will be free from unauthorized access, and we disclaim any liability for any theft or loss of, unauthorized access or damage to, or interception of any data or communications. By using the Site, you acknowledge that you understand and agree to assume these risks.
If you contact us by e-mail, you should be aware that e-mail transmission might not be secure. A third party could view information you send by e-mail in transit. We will have no liability for disclosure of your information due to errors or unauthorized acts of third parties during transmission. We encourage you to use the "Contact Us" feature of the Site instead of contacting us by e-mail.
If you are requested to send us any sensitive personal information, such as your account number, password or PIN, in an e-mail or on a website or otherwise, and you are uncertain whether such request is authorized by us, please do not hesitate to ask the service center.
In the unlikely event that we believe that the security of your personal information in our possession or control may have been compromised, we may seek to notify you of that development. If a notification is appropriate or required by law, we will endeavor to do so as promptly as possible under the circ*mstances and in accordance with any applicable laws, and, to the extent we have your e-mail address and are permitted by law, we may notify you by e-mail. You consent to our use of e-mail as a means of such notification.
Modifications to the Site and the Services
We may terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, content, features or hours of availability. We may also impose limits on certain features of the Site or restrict your access to part or all of the Site without notice.
Miscellaneous
These Terms constitute the entire agreement regarding the Site and any Services, and supersede all prior communications, whether electronic, oral or written between you and us with respect to the Site or the Services. The Site is operated from our offices in the United States of America. These Terms are governed by and to be construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
