Terms & Conditions
Website Terms and Conditions of Use
(Updated as of January 22, 2013)
By using this website you agree to the Terms and Conditions of Use stated below, which includes our Privacy and Security Statement.
Trademarks and Copyrights
The materials on this website are copyrighted and protected by worldwide copyright laws and treaty provisions. Any unauthorized use of these materials may violate copyright, trademark and other laws. Materials on this website may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way without the prior written permission of the website hose. Except as expressly provided, the website host does not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secrets.
Although the website host has attempted to provide accurate information on this website, it assumes no responsibility for the accuracy of the information. The website host makes no representations or warranties on this website with respect to its product or service offerings. Information regarding products or services offerings contained on this website, including but not limited to information regarding features and benefits, technical information or other similar information contained in documentation available on or from this website, shall not be incorporated or integrated into any website host warranty or other contractual right, privilege or obligations otherwise provided under the terms of any agreement with the website host. The website host may make changes to the materials or products described in this website at any time, without notice. The website host makes no commitment to update these materials.
ALL INFORMATION PROVIDED ON THIS WEBSITE IS PROVIDED TO YOU ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE WEBSITE HOST MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS WEBSITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THIS WEBSITE AND THE CONTENT AVAILABLE ON THIS WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE HOST MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THIS WEBSITE WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THIS WEBSITE IS FREE OF VIRUSES.
Limitation of Liability
THE WEBSITE HOST SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THIS WEBSITE, EVEN IF THE WEBSITE HOST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO RELIANCE BY ANY PARTY ON ANY CONTENT OBTAINED THROUGH THE USE OF THIS WEBSITE, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO THIS WEBSITE, OR RELATED INFORMATION OR PROGRAMS.
Content of Materials
The materials on this website have protected information. This means it cannot be used or copied without the owner’s written consent. In most cases the owner is the website host. In some cases the owner is a third party.
These Terms do not apply to content already in the public domain. Content in the public domain is information that you can find in other places.
Links to Other Websites
This website may contain links to third party sites. Access to any other Internet site linked to this website is at the user's own risk and the website host is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these sites. The website host provides these links merely as a convenience and does not endorse the companies or contents of any linked sites.
Third Party Content
This website includes content supplied by companies that are not affiliated with Ascensus ("Third Party Content"). Third Party Content may include prospectuses, fact sheets and other information about investments; general news and commentary; interactive tools; and data concerning the financial markets. Third Party Content providers include Morningstar and Lipper. Third Party Content may be available through framed areas, through hyperlinks to third party web sites, or by simply publishing it on this website. Third Party Content is protected by copyright pursuant to United States laws and international treaties and is owned or licensed by the applicable Third Party Content provider.
Ascensus has not been involved in the preparation, adoption or editing of Third Party Content and does not explicitly or implicitly endorse or approve such content. Neither Ascensus nor the Third Party Content providers guarantee the accuracy, timeliness, completeness or usefulness of the Third Party Content, nor are such parties responsible or liable for any such content. Third Party Content is provided for informational purposes only and Ascensus and the Third Party Content providers specifically disclaim any responsibility for Third Party Content. You use Third Party Content only at your own risk. Links provided on this website to mutual fund prospectuses may resolve to the fund's summary prospectus, if available, or alternatively to the fund's full prospectus.
THE THIRD PARTY CONTENT IS PROVIDED ON AN "AS-IS" BASIS. THE THIRD PARTY CONTENT PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
Fraud and Abuse
You agree that you will not use this website and its content to break any laws. This includes fraud and abuse laws.
Free from Fault
You agree not to make any claim against the website host or its parents, affiliates, subsidiaries, employees, contractors, agents, officers and directors. This includes claims for third party lawyers' fees that might result from your use of this website. It also includes claims related to any rights of a third party you might violate or laws you might break in using this website.
The Digital Millennium Copyright Act
The website host reserves the right, but not the obligation, to terminate your access to this website if it determines in its sole and absolute discretion that you are involved in infringement activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringement.
The website host and its service providers accommodate and do not interfere with standard technical measures used by copyright owners to protect materials. Our designated agent to receive notification of claimed infringement is: DMCANotice@ascensus.com
Any notice regarding any infringement of copyright or of other proprietary rights must include the following information:
If you choose to access this website from outside the United States you do so upon your own initiative and are responsible for compliance with U.S. and local laws, if and to the extent that local laws are applicable. Software is subject to United States export controls. No software may be downloaded or otherwise exported or re-exported (i) into (or to a national resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or (ii) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. You represent and warrant that you are not located in, under the control of, or a national resident of any such country or on any such list. You agree to comply with U.S. export control laws and that you will not transfer any software or other content from this website to a foreign national or foreign country in violation of those laws.
Product Descriptions – Not Available in all States
The product descriptions, if any, provided on this website are not intended to constitute offers to sell or solicitations in connection with any products or services. Some products may not be available in all jurisdictions. Anyone interested in a particular product should contact the website host to determine whether the product is available in the particular jurisdiction of interest and to request a copy of the applicable policy, prospectus or other product information for a complete description of the product.
Changes and Applicable Law
The website host reserves the right to make changes to this website and its Legal Disclaimer/Conditions of Use at any time, for any reason or for no reason, and with or without notice. The website host encourages you to review this website and these terms periodically for any updates or changes. We will post the date that the policy has been updated so you will know when it has been changed. Your continued access or use of this website and shall be deemed your acceptance of these Legal Disclaimers/Conditions of Use and any changes and the reasonableness of these standards for notice of changes. Use of this website will be governed by and construed in accordance with the laws of the State of New York, without giving effect to its conflict of law provisions. You agree that any legal action or proceeding related to this website will be brought exclusively in a federal or state court of competent jurisdiction in the State of New York. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Privacy and Security Statement
The website host is committed to protecting the privacy of its customers and others who visit our website or send us information via email. The Privacy and Security Statement below outlines how we collect and use information. It also tells you what to do if you do not want your personal information collected.
Personal Information and Privacy
Each time you visit our website, our web server automatically recognizes and gathers non-personally identifying information such as but not limited to your computer’s IP address, browser software, operating system, pages viewed and duration of your visit. This information is not linked to any personally identifiable information.
In addition to information automatically collected we may also collect through surveys or questionnaires personally identifiable information (“PII”) such as e-mail addresses, name and address, telephone number; and customer-specific identifiers such as ID, TIN, etc. In cases where PII is collected the website host takes precautions to ensure the security of this information.
The information we collect is used to help us better understand how visitors utilize the site and enhance the overall website experience. It is also used to notify customers about updates to our website, and is shared only with agents or contractors to assist in providing support for our internal operations. The information is disclosed when we are legally required to do so, which may be at the request of governmental authorities conducting an investigation to verify or enforce compliance with the policies governing our website and applicable laws, or to protect against misuse or unauthorized use of our website. The information also may be provided to a successor entity in connection with a corporate merger, consolidation, sale of assets, or other corporate change respecting the website.
Upon request, visitors can obtain copies of their PII that may be collected by this site or have their PII removed.
Upon request, visitors can obtain copies of their PII that may be collected by this site or have their PII removed.
Email submissions over the Internet may not be secure. Please consider this fact before emailing any personal or confidential information.
Most web browsers can be configured to reject cookies, or to notify you if a cookie is sent to you. If you are not sure whether your web browser has these capabilities you should contact the software manufacturer or your Internet service provider. If a user rejects a cookie, certain areas of the website may not function properly. The affected areas may include but are not limited to the following: inability to access certain areas of the website, inconvenience of having to enter personal information more often, and navigation ability throughout the website.
Ad Server Companies
We do not partner with or have special relationships with any ad server companies.
This website contains links to other sites that may be helpful to our clients. The website host provides these links for your convenience and is not responsible for the accuracy or completeness of these external sites. The website host is not responsible for the content or privacy practices of external sites and encourages you to review the privacy policies of those sites before you use them.
Compliance with Gramm-Leach Bliley
The website host may have access to customers’ non-public personal information (“NPI”), as that term is defined by the Gramm-Leach Bliley Act of 1999 and the various regulations promulgated thereunder (“GLB”). Although the website host is not a “financial institution” as defined by GLB, many of the website hosts clients and customers are “financial institutions” subject to GLB. The website host will use NPI only in connection with providing services contracted for by customers’ financial institutions. Except as necessary to provide such services, the website host will not sell, share or rent NPI to persons or entities other than the customers’ financial institutions. Other provisions of GLB, such as the notification requirements and the “opt-out” provisions are the responsibility of the financial institution and not the website host. As of the date that the website host adopted this policy, most products and services provided by the website host did not involve the collection of, or access to, NPI, with the exception of processing of certain retirement accounts and certain web hosting services. The website host will limit access to NPI to the website host employees and agents that need to know the NPI for business reasons. All website host employees are trained to respect the privacy of NPI, and those who violate this policy will be subject to discipline. The website host reserves the right to modify its policy regarding NPI at any time. If the website host changes its policy regarding NPI, the website host will post notification of the change on this website within a reasonable time after the change. If at any point the website host decides to use NPI in a manner different from that stated above, the website host will notify the affected financial institutions. Users should review this privacy statement regularly.
Minors and the Children's Online Privacy Protection Act
Except as expressly stated upon initial access to a specific website or section of such site, this website does not direct content to Minors and does not intend to collect personal information from Minors and therefore is not subject to the Child Online Privacy Protection Act.
If you allow your minor child, or a child for whom you are legal guardian (a "Minor"), to access and use this website, you agree that you will be solely responsible for: (i) the online conduct of such Minor; (ii) monitoring such Minor's access to and use of this website and (iii) the consequences of any use.
By using our site, you consent to the collection, use, and storage of your personal and non-personal information as described in this policy. We may amend this policy from time to time; if we do, we will post those changes on this page within a reasonable time after the change so that you are aware of what information we collect and how we intend to use it.
If you have elected paperless statements
When this option is selected, you will receive an email notification at the email address listed in “Your Profile” section of this website. The notification will inform you that your statement for the most recent quarter is available. In the email you will be provided a link to the participant website where you will log in using your user id and password to access your account and participant statement. You agree that this email will constitute good faith delivery to you regardless of whether or not you click on the link in the email or access the statement on the participant website.
To ensure that you receive your statement in a timely manner, it is your responsibility to maintain a valid email address in the “Your Profile” section or notify us of any email address change. You agree to access and check your account periodically.
Your election to no longer receive your statement through U.S. mail and instead receive e-statements will be effective with your next quarterly statement. If we are currently in the process of producing your statement, your election to receive your statements electronically will be effective with the following quarterly statement.
You consent to electronic delivery of your participant account statement through email notification and posting on the participant website. You also consent to receive communications and notices related to your participant account statement through email.
You understand that you can withdraw your consent free of charge at any time by unenrolling in e-statements in the “Your Profile” section of the participant website.
You understand that you may request a paper copy of your participant statement at any time by contacting participant services.
You understand that the following hardware/software requirements are needed to access the e-statement: internet access and Adobe Acrobat.
How to Contact Us
If you have questions regarding the Terms and Conditions of Use or have privacy related questions, please contact us. We can be reached via e-mail at PrivacyNotice@ascensus.com.