Terms of Use
This Web site (the "Site"),
and any tools and/or services offered and/or provided through the Site
(collectively, the "Services"), are provided to you (the "User")
conditioned upon your acceptance of these Terms of Use. You
agree to read these Terms of Use carefully before using the Site or
any of the Services thereon. By using the Site or any Services, you
agree to these Terms of Use. If you do not agree to these Terms
of Use, you may not use the Site or any Services. These Terms of Use
are subject to change from time to time, and at any time without notice
to you. Any changes will be incorporated into the Terms of Use 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 of Use 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 of Use.
Account and Password
In the course of your use of the Site and our provision of the Services, we may be provided with certain of 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 Policy, 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.
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 exit from your account at the end of each session. It is your sole responsibility to control the dissemination and use of your password, 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 Contact Us feature on the Site or by telephone.
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.
Copyrights and Trademarks
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. 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. 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 providing legal, tax, investment, financial
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 constitutes a solicitation, recommendation, endorsement,
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.
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 THE 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 and conditions. 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 CIRCUMSTANCES, 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 Web sites
The Site may provide links to other Web sites that we think might be of interest to Users ("Linked Sites"). Links to other sites 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 Web site. 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 endorsement of such site. 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. 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.
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 email, you should be aware that email transmission
might not be secure. A third party could view information you send
by email 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 email.
If you are requested to send us any sensitive personal information, such as your account number, password or PIN, in an email or on a web site 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, we will endeavor to do so as promptly as possible under
the circumstances, and, to the extent we have your email address,
we may notify you by email. You consent to our use of email
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 of Use constitute the entire
agreement regarding the Site and any Services, and supersedes all prior
or contemporaneous 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 of Use are governed by and construed in accordance with the laws
of the State of New York, without giving effect to
any principles of conflicts of law. If a court determines that any term
or condition in these Terms of Use is illegal or unenforceable, then
such term will be eliminated and the remaining terms and conditions
will remain in force and effect. Our failure to exercise or enforce
any right or provision of these Terms of Use shall not constitute a
waiver of such right or provision. If any provision of these Terms of
Use 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 of Use remain in full force and effect.