Terms & Conditions
(Updated as of May 20, 2014)
By using our website, interacting with us on social media, or communicating with us via email or other electronic messages, (“Digital Presence”) you consent to the collection, use, and storage of your personal and non-personal information as described by our Terms & Conditions of Use, which includes our Privacy & Security Statement. 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.
Depending on your interaction with Ascensus, other privacy policies may apply in addition to this Policy.
Terms & Conditions of Use
Trademarks and Copyrights
The materials on this Digital Presence 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 Digital Presence may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way without the prior written permission of the Digital Presence host. Except as expressly provided, the Digital Presence host does not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secrets.
Although the Digital Presence host has attempted to provide accurate information on this Digital Presence, it assumes no responsibility for the accuracy of the information. The Digital Presence host makes no representations or warranties on this Digital Presence with respect to its product or service offerings. Information regarding products or services offerings contained on this Digital Presence, including but not limited to information regarding features and benefits, technical information or other similar information contained in documentation available on or from this Digital Presence, shall not be incorporated or integrated into any Digital Presence host warranty or other contractual right, privilege or obligations otherwise provided under the terms of any agreement with the Digital Presence host. The Digital Presence host may make changes to the materials or products described in this Digital Presence at any time, without notice. The Digital Presence host makes no commitment to update these materials.
ALL INFORMATION PROVIDED ON THIS DIGITAL PRESENCE 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 DIGITAL PRESENCE HOST MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS DIGITAL PRESENCE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THIS DIGITAL PRESENCE AND THE CONTENT AVAILABLE ON THIS DIGITAL PRESENCE IS AT YOUR SOLE RISK. THE DIGITAL PRESENCE HOST MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THIS DIGITAL PRESENCE 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 DIGITAL PRESENCE IS FREE OF VIRUSES.
Limitation of Liability
THE DIGITAL PRESENCE 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 DIGITAL PRESENCE, EVEN IF THE DIGITAL PRESENCE 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 DIGITAL PRESENCE, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO THIS DIGITAL PRESENCE, OR RELATED INFORMATION OR PROGRAMS.
Content of Materials
The materials on this Digital Presence have protected information. This means it cannot be used or copied without the owner’s written consent. In most cases the owner is the Digital Presence 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 Digital Presence may contain links to third party sites. Access to any other Internet site linked to this Digital Presence is at the user's own risk and the Digital Presence host is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these sites. The Digital Presence host provides these links merely as a convenience and does not endorse the companies or contents of any linked sites.
Third Party Content
This Digital Presence 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 Digital Presence. 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 Digital Presence 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 Digital Presence 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 Digital Presence 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 Digital Presence. It also includes claims related to any rights of a third party you might violate or laws you might break in using this Digital Presence.
The Digital Millennium Copyright Act
The Digital Presence host reserves the right, but not the obligation, to terminate your access to this Digital Presence 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 Digital Presence 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 Digital Presence 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 Digital Presence 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 Digital Presence 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 Digital Presence 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 Digital Presence host reserves the right to make changes to this Digital Presence and its Legal Disclaimer/Conditions of Use at any time, for any reason or for no reason, and with or without notice. The Digital Presence host encourages you to review this Digital Presence 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 Digital Presence 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 Digital Presence 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 Digital Presence 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 Digital Presence host is committed to protecting the privacy of its customers and others who visit our website, social media outlets, 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 Digital Presence, 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 Digital Presence 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 Digital Presence experience. It is also used to notify customers about updates to our Digital Presence, 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 Digital Presence and applicable laws, or to protect against misuse or unauthorized use of our Digital Presence. 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 Digital Presence.
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.
E-mail & Social Media
Submissions over the Internet may not be secure. Please consider this fact before sending 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 Digital Presence contains links to other sites that may be helpful to our clients. The Digital Presence host provides these links for your convenience and is not responsible for the accuracy or completeness of these external sites. The Digital Presence 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 Digital Presence 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 Digital Presence host is not a “financial institution” as defined by GLB, many of the Digital Presence hosts clients and customers are “financial institutions” subject to GLB. The Digital Presence host will use NPI only in connection with providing services contracted for by customers’ financial institutions. Except as necessary to provide such services, the Digital Presence 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 Digital Presence host. As of the date that the Digital Presence host adopted this policy, most products and services provided by the Digital Presence 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 Digital Presence host will limit access to NPI to the Digital Presence host employees and agents that need to know the NPI for business reasons. All Digital Presence host employees are trained to respect the privacy of NPI, and those who violate this policy will be subject to discipline. The Digital Presence host reserves the right to modify its policy regarding NPI at any time. If the Digital Presence host changes its policy regarding NPI, the Digital Presence host will post notification of the change on this Digital Presence within a reasonable time after the change. If at any point the Digital Presence host decides to use NPI in a manner different from that stated above, the Digital Presence 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 Digital Presence or section of such site, this Digital Presence 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 Digital Presence, 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 Digital Presence and (iii) the consequences of any use.
If you have elected paperless statements
Your statement will be available to you on your retirement account website. If a valid email address is on file, you will receive an email notifying you when your statement for the most recent quarter is available. The email will include a link to your retirement account website where you can access your statement under Statements and Reports > Statements. You agree that posting your statement on your retirement account website will constitute good faith compliance with the requirement to provide you with your statement regardless of whether or not you click on the link in the notification email or access your statement on your retirement account website. You agree to receive communications and notices related to your statement through email.
To ensure that you receive notifications about your statement in a timely manner, it is your responsibility to maintain a valid email address in the Your Profile > View Profile section of your retirement account website. You agree to access and check your account periodically.
At any time, you have the option to receive a free paper copy of your statement. To do so, go to the Your Profile > View Profile section of your retirement account website and select your preferred method for receiving your statement, or contact participant services. Likewise, you can follow the same process if you are set up to receive paper statements and want to switch back to paperless statements.
Please note: You will need internet access and a PDF reader to view your paperless statement.
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.