Terms of Use
We (which term, including its derivatives, encompasses any third
party service providers we retain unless otherwise stated below)
are providing certain retiree benefits information and services
through this portal (this "Portal"). This Portal, and any tools
and/or services offered and/or provided through it (collectively, the
"Services"), are made available to retirees and others under a retiree
benefits plan (individually "You," "Your," or the "User") conditioned
upon Your acceptance of these Terms of Use. You agree to read
these Terms of Use carefully before using this Portal or any of
the Services provided thereby. By using this Portal or any
Services, You expressly agree to these Terms of Use. If You do
not agree to these Terms of Use, You may not use this Portal 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 this Portal from time to time.
Authorized Use and User Conduct
You agree that You will use this Portal and the Services in a manner
consistent with these Terms of Use and other instructions posted on this
Portal. You agree not to interrupt or attempt to interrupt the operation
of this Portal or the Services in any way or to attempt to gain
unauthorized access to this Portal, any portion thereof, or to any other
computer systems through this Portal. You agree that You will not use this
Portal in any manner that could damage, disable, overburden or impair
this Portal or interfere with any other party's use of this Portal.
You may not obtain or attempt to obtain any materials or information
through any means not intentionally made available by or provided through
this Portal. Unauthorized use of this Portal, including but not limited to
unauthorized entry or attempted entry into any systems, misuse of
passwords, misuse of any information posted to this Portal 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.
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
This Portal 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 this
Portal, all the content, data and materials thereon (with the exception of
your personal and account information), the look and feel, design and
organization of this Portal and the compilation of the content, data and
materials on this Portal, 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 this Portal
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 this Portal without our express written permission or that of the
Third Party Service Provider, as applicable. Any commercial distribution,
publishing or exploitation of this Portal or the materials on this Portal
is strictly prohibited.
No Employee Benefit or Investment Advice
The content and tools that are available on this Portal are for
information and education purposes. This Portal may also make available
information relating to investment approaches and general investment
guidance. The information and tools available to You on this Portal are
not providing legal, tax, investment, financial or other advice. The
economic modeling and forecasting features offered on this Portal 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 this Portal or any 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 this Portal. oWe
will not have any responsibility or liability to You based upon Your use
of this Portal or any Services, including, without limitation, any
decisions that You make utilizing this Portal or Services.
Not an Insurer
This Portal may also provide to You information relating to various
insurance policies or coverages You may be able to choose. Any information
regarding insurance policies or coverages on this Portal does not
constitute, nor shall they it considered to be, insurance advice. We are
merely providing the Services to You through this Portal and is not an
insurer, nor is it providing any advice or guidance regarding any
insurance policies or coverages. You specifically acknowledge that we are
not an insurer and shall not be considered or deemed to be an insurer.
YOU SHOULD CONSULT AN APPROPRIATE INSURANCE PROFESSIONAL FOR
SPECIFIC ADVICE TAILORED TO YOUR SITUATION. Nothing contained in
this Portal or any Service constitutes a solicitation,
recommendation, endorsement or offer to sell, secure or place any
insurance policies or coverages. You are solely responsible for any
insurance decisions that You make based upon Your evaluation of the
information and use of the Services on this Portal.
Disclaimers
SOME OF THE CONTENT ACCESSIBLE ON THIS PORTAL OR ANY 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 THIS PORTAL, 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 THIS PORTAL AND ANY SERVICE. TO THE FULLEST EXTENT PERMITTED BY
LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, ORAL, WRITTEN OR ELECTRONIC, STATUTORY OR OTHERWISE, WITH
REGARD TO INFORMATION CONTAINED ON THIS PORTAL 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 RESPECTIVE
AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES OR 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 IN ANY MANNER DIRECTLY OR INDIRECTLY FROM (1)
THE USE OF OR INABILITY TO USE THIS PORTAL 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 THIS PORTAL OR ANY SERVICES, OR (3) ANY OTHER MATTER RELATING TO THE
CONTENT, SERVICES OR DISTRIBUTION OF SERVICES THROUGH THIS PORTAL. IN THE
EVENT THAT YOU SUFFER DAMAGES ARISING FROM YOUR USE OF THIS PORTAL OR ANY
SERVICES, YOU MAY SEEK RECOURSE THROUGH YOUR EMPLOYER OR BENEFIT
PLAN.
Links to Other Web Sites
This Portal 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 this Portal. 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 web 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 this Portal.
Protecting Your Information
We utilize reasonable security technologies to protect Your
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 this Portal, due to the open nature of the
Internet, We cannot guarantee that any information stored on
ourservers, 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 this Portal, 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.
If You are requested to send Us any sensitive personal information,
such as Your username or password, in an e-mail, on this Portal or
otherwise, and You are uncertain whether such request is authorized by Us,
please do not hesitate to contact Us.
In the unlikely event that we believe that the security of Your
personal information in its 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 this Portal and the Services
We may terminate, change, suspend or discontinue any aspect of this
Portal or any Services, including, but not limited to, content, features
or hours of availability. We may also impose limits on certain features of
this Portal or any Services or restrict Your access to a portion or all of
this Portal or the Services without notice.
Miscellaneous
These Terms of Use constitute the entire agreement regarding this
Portal and any Services, and supersede all prior or contemporaneous
communications, whether electronic, oral or written between You and us
with respect to this Portal or the Services. This Portal 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, You nevertheless
agree that the court should endeavor to give effect to the intentions as
reflected in the subject provision, and the other provisions of these
Terms of Use shall remain in full force and effect.