Terms of Use
This website (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 page, 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 an available voice response system.
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 pages 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 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 Websites
The Site may provide links to other
websites 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 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 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 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 number, in an e-mail
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 e-mail address,
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 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.