Use of this site  and service is subject to Terms of Use   

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Terms of Use

Welcome | March 28, 2017

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.

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