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IMPORTANT: YOU MUST AGREE TO THESE TERMS OF SERVICE BY CLICKING
ON "I AGREE" AT THE BOTTOM OF THIS PAGE.

These Hefren-Tillotson, Inc. Web Site Terms of Use ("Terms of Use") explain a contractual agreement between Hefren-Tillotson, Inc. ("Hefren-Tillotson", "we", "us", "our") and you, who agrees to these Terms of Use ("you", "your"), regarding your use of this web site ("Hefren-Tillotson Web Site") and access to your account information through the Hefren-Tillotson Web Site. You should print a copy of these Terms of Use for your records. Please note, however, that these Terms of Use may be updated and amended by us as provided herein.

USERS OF THE HEFREN-TILLOTSON WEB SITE

Hefren-Tillotson is a full service brokerage and financial advisory firm -- a team of investment and financial planning professionals dedicated to helping our clients become and remain financially independent. The Hefren-Tillotson Web Site provides a venue for Visitors to access news and information about Hefren-Tillotson's services and for Customers to obtain information concerning their brokerage account with Hefren-Tillotson. There are different types of users of Hefren-Tillotson:


(1) "Visitors" are only able to review general information about Hefren-Tillotson and cannot access "Customer" areas of the Hefren-Tillotson Web Site. Visitors are bound by these Terms of Use by visiting the Hefren-Tillotson Web Site.

(2) "Customers" are current clients of Hefren-Tillotson, and who, after registering on-line are provided with access to their Hefren-Tillotson account information through the Hefren-Tillotson Web Site. Customers must acknowledge agreement with these Terms of Use on the Customer registration screen(s). If you do not accept these Terms of Use, you are not authorized to use the Hefren-Tillotson Web Site as a Customer.

 

 

If you choose not to register as a Customer and remain only a Visitor, your use of this web site constitutes your automatic agreement to the applicable provisions in these Terms of Use. If you have any questions about these Terms of Use, please contact us at (412) 434-0990 or hefren@hefren.com.

THE FOLLOWING PROVISIONS APPLY TO CUSTOMERS ONLY:

ACCOUNT INFORMATION
Customers are permitted to access certain data, information and services concerning their individual brokerage account with Hefren-Tillotson (the "Account Information") through the Hefren-Tillotson Web Site. Access to your Account Information is provided for your personal, noncommercial use only and you agree not to publish, broadcast, retransmit or commercially exploit any Account Information so provided. You hereby agree not to create any database or derivative work based upon the Account Information or any information or services contained in the Hefren-Tillotson Web Site. All terms and conditions contained in your brokerage/advisory/account agreement or similar agreement with us apply to your access to the Account Information and your use of the Hefren-Tillotson Web Site.

SECURITY AND PRIVACY
You acknowledge that the Account Information contains personal financial information and consent to the transmission of the Account Information to you via the Hefren-Tillotson Web Site. Hefren-Tillotson cannot and does not assure the security of electronic transmission of such information through the Internet. Due to the inherent nature of the Internet, the limited security mechanisms of the Hefren-Tillotson Web Site and the inherent limitations of such mechanisms, Hefren-Tillotson cannot and does not ensure the privacy, security or authenticity of the electronic transmission of your Account Information both to and from the Hefren-Tillotson Web Site. You, as a Customer, must assess whether the use of the Hefren-Tillotson Web Site and the Internet is adequately secure based upon your personal privacy needs.

USER ID'S AND PASSWORDS
Your access to the Account Information requires receipt from Hefren-Tillotson and use of a unique user ID and password which must be maintained as confidential and must not be distributed or disclosed to third parties. It is your responsibility to notify us if you need to change or discontinue the user ID and password, and you may do so by contacting us at hefren@hefren.com. You agree to immediately notify us if there is any unauthorized use of, discrepancy involving or any suspicious or unexplained occurrence relating to your user ID, password or Account Information.

APPLICABLE FEES
Hefren-Tillotson reserves the right to charge certain fees for access to the Account Information or other services provided through the Hefren-Tillotson Web Site. You will be notified of any such fee implementation in advance.

CUSTOMER REPRESENTATIONS
As a Customer, you represent and warrant to us that you will use the information accessed through the Hefren-Tillotson Web Site (including Account Information) solely in connection with your personal investment activities and you will not: (i) distribute any information provided by a national securities exchange or association in connection with any professional or commercial activities; nor (ii) use the Account Information in conjunction with any trade or business activities. You further represent and warrant that you are not employed by a bank or insurance company (or affiliate thereof) to perform functions related to securities or commodity futures trading activities and that you are not a securities broker/dealer, futures commission merchant, commodities broker or advisor, investment advisor, member of a securities exchange, association or futures contract market, or an owner, partner or associated person of any of the foregoing.

MARKET DATA
National securities exchanges, associations and automated quotation systems providing information to the Hefren-Tillotson Web Site assert a proprietary interest in all market data furnished to parties distributing such market data. Neither we nor any of the national securities exchanges, associations and suppliers of such market data (or other market information) guarantee the timeliness, sequence, accuracy or completeness of such market data and information disseminated by any party. No disseminating party shall be liable in any way, and you agree to indemnify and hold harmless each such party for: (i) any inaccuracy, error or delay in, or omission of any such data, information or message or the transmission or delivery of any such data, information or message; or (ii) any loss or damage arising from or occasioned by any such inaccuracy, error, delay or omission, nonperformance, interruption of such data, information or message due either to any act or omission (excluding gross negligence or willful misconduct of the disseminating party) or to an other cause beyond the reasonable control of any disseminating party (including, without limitation, flood, earthquake or other act of God, fire, war, insurrection, riot, labor disputes, accidents, act of government, telecommunications (including Internet) or power failure, and equipment (including hardware and firmware) or software failure).

THE REMAINING PROVISIONS APPLY TO BOTH VISITORS AND CUSTOMERS:

PROHIBITED ACTIVITIES
You may not use any device, software or routine, including but not limited to any viruses, trojan horses, worms, time bombs or cancelbots, intended to damage or interfere with the proper working of the Hefren-Tillotson Web Site or to surreptitiously intercept or expropriate any system, data or personal information from the Hefren-Tillotson Web Site. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure, including but not limited to denial of service attacks, "spam" or any other such unsolicited overload technique.

LINKING AND THIRD PARTY CONTENT
Unless you have a written agreement in effect with us which states otherwise, you may only provide a hypertext link to the Hefren-Tillotson Web Site, if you comply with all of the following: (a) the link must be a text-only link clearly marked "Hefren-Tillotson" or "www.hefren.com"; (b) the link must "point" to the URL "http://www.hefren.com" and not to other pages within the Hefren-Tillotson Web Site; (c) the link, when activated by a user, must display the Hefren-Tillotson Web Site full-screen and not within a "frame" on the linking web site; and (d) the appearance, position and other aspects of the link must not be such as to damage or dilute the goodwill associated with our name and trademarks or create the false appearance we are associated with or sponsor the linking web site. You may not use any trademark, service mark or logo of Hefren-Tillotson as a part of any such link without our express written consent. We reserve the right to revoke our consent to any link at any time in our sole discretion. The Hefren-Tillotson Web Site may contain links to third-party web sites not under the control or operation of Hefren-Tillotson. We provide any such links only as a convenience and do not endorse and are not responsible for the contents of any linked site or any link contained in a linked site. The Hefren-Tillotson Web Site may contain news and information published by various third party providers, including national securities exchanges and associations. Use of any third party content may be conditioned upon terms and conditions as provided, from time to time, by such third party providers.

LAWS AND REGULATIONS
You must comply with all applicable laws, statutes, ordinances and regulations regarding: (i) use of the Hefren-Tillotson Web Site; (ii) release of information to and retrieval of information from the Hefren-Tillotson Web Site; and (iii) access and use of securities market information. To the extent that any applicable taxes apply to your use of the Hefren-Tillotson Web Site, you are responsible for the payment of such taxes.

TERMINATION OF USE
We may immediately terminate any or all of your rights of use for any reason or no reason, if you breach any of these Terms of Use, or if we are unable to verify or authenticate any information you release to us. You may terminate your rights as a Customer at any time by contacting us at hefren@hefren.com.

OWNERSHIP
The Hefren-Tillotson Web Site and all intellectual property rights included in or related to the Hefren-Tillotson Web Site (including but not limited to patents, copyrights, trademarks and service marks), are owned or licensed by us, and all rights, title and interest in the Hefren-Tillotson Web Site and the intellectual property rights remains with Hefren-Tillotson. You may not, and these Terms of Use do not give you permission to, reproduce, reverse engineer, decompile, disassemble, modify or create derivative works with respect to the Hefren-Tillotson Web Site. Certain content on the Hefren-Tillotson Web Site may be licensed from third parties and all such third party content and all intellectual property rights related to the such content belong to the respective third parties. You may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Hefren-Tillotson Web Site or its content.

DISCLAIMER OF WARRANTIES
YOU USE THE HEFREN-TILLOTSON WEB SITE AT YOUR OWN RISK. WE PROVIDE THE HEFREN-TILLOTSON WEB SITE AND OUR SERVICES "AS IS," WHERE IS, AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE ALSO DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO OUR SERVICES, AND OPERATION OF THE HEFREN-TILLOTSON WEB SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL.

INDEMNIFICATION
We reserve the right to report any wrongdoing, if and when we become aware of it, to any applicable government agencies. You agree to indemnify, defend and hold us harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys' fees) resulting from your use of the Hefren-Tillotson Web Site, your breach of any provision of these Terms of Use and/or any intentional wrongdoing by you. Any such indemnification shall be conditioned on our: (a) notifying you in writing of any such claim, demand, action, cost, liability, loss or threat of any thereof; (b) cooperating with you in the defense or settlement thereof; and (c) allowing you to control such defense or settlement. We shall be entitled to participate in such defense at our own cost and expense.

LIMITATION OF LIABILITY
In the event that you have a dispute with one or more users, you release us (and our agents and employees) from claims, demands and damages (actual, consequential and punitive) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the Hefren-Tillotson Web Site or any such disputes. You waive the provisions of any state law limiting or prohibiting a general release. You shall be solely responsible for the release of your information to the Hefren-Tillotson Web Site and we shall have no liability resulting from such release.

The Hefren-Tillotson Web Site may be unavailable due to maintenance or other factors and we will have no liability for any such unavailability. We will also not have any liability for any loss of data, degraded data or errors in data resulting from non-deliveries, mis-deliveries or service interruptions caused by us, any third party acts or any other web host provider or the Internet infrastructure and network external to the Hefren-Tillotson Web Site.

IN NO EVENT SHALL HEFREN-TILLOTSON BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, REGARDLESS OF WHETHER WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND IN NO EVENT SHALL HEFREN-TILLOTSON'S TOTAL CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED THE GREATER OF (A) $500, OR (B) THE FEES PAID TO HEFREN-TILLOTSON FOR ACCESS TO ACCOUNT INFORMATION UNDER THESE TERMS OF USE DURING THE SIX (6) MONTHS IMMEDIATELY PRIOR TO THE ACT GIVING RISE TO LIABILITY.

The limitations of liability provided in these Terms of Use inure to the benefit of Hefren-Tillotson, our affiliates and to all of our respective officers, directors, employees, attorneys and agents.

No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms of Use between you and Hefren-Tillotson. These Terms of Use are an agreement between you and us and are not intended to be for the benefit of any third party. We are a site to providing general information about Hefren-Tillotson and in the case of Customers, providing specific account information to such Customers, and we do not perform any online activities on behalf of any Visitor or Customer.

NOTICE
Except as explicitly stated otherwise or required by law, you shall provide any notices to Hefren-Tillotson by e-mail to us at hefren@hefren.com. We shall provide any notices to you by e-mail to the e-mail address you provided during your registration as a Customer. E-mail notices will be deemed given within 12 hours of delivery by us.

ASSIGNMENT
You will not have the right to assign or transfer your rights under these Terms of Use to any other person or entity without our prior written consent, which consent may be withheld for any reason or no reason. Furthermore, you acknowledge and agree that your access to and use of the Hefren-Tillotson Web Site may not be sublicensed or otherwise transferred voluntarily or by operation of law to any third party. Any attempted assignment, license, sublicense or transfer by you, whether voluntary or involuntary, is void and grounds for termination of your rights under these Terms of Use.

CHOICE OF LAWS; CONSENT TO JURISDICTION
The Hefren-Tillotson Web Site (excluding linked sites) is operated by us from our offices within the Commonwealth of Pennsylvania, United States of America and can be accessed from all 50 states, as well as from other countries around the world. Any user who accesses the Hefren-Tillotson Web Site from locations other than the United States does so on such user's own initiative and are responsible for compliance with local laws. Hefren-Tillotson makes no representation that materials on the Hefren-Tillotson Web Site are appropriate or available for use locations other than the United States of America, and accessing them from territories where their contents are illegal is prohibited. You agree that these Terms of Use and your use of the Hefren-Tillotson Web Site shall be governed in all respects by the internal substantive laws of the Commonwealth of Pennsylvania, without regard to conflict of laws provisions. You also submit to jurisdiction and venue in the state and federal courts located in the Commonwealth of Pennsylvania, Allegheny County and further agree that any cause of action you may bring arising under your use of the Hefren-Tillotson Web Site shall be brought by you exclusively in a state or federal court located in the Commonwealth of Pennsylvania, Allegheny County.

MISCELLANEOUS
Headings are for reference purposes only. If any provision of these Terms of Use, or any web pages or other documents incorporated by reference into these Terms of Use is held to be invalid or unenforceable, such provision will be struck and the remaining provisions enforced. In the event that Hefren-Tillotson fails to act with respect to a breach by you or others, such failure does not waive our right to act with respect to subsequent or similar breaches. These Terms of Use, and any web pages or other documents incorporated by reference, set forth the entire understanding and agreement between us with respect to the subject matter hereof.

UPDATES AND AMENDMENTS
You may only amend these Terms of Use with a writing signed by both of us. We may amend these Terms of Use at any time by posting the amended Terms of Use on the Hefren-Tillotson Web Site.

BY USING THE HEFREN-TILLOTSON WEB SITE AND/OR ACKNOWLEDGING ACCEPTANCE OF THESE TERMS OF USE ON THE CUSTOMER REGISTRATION SCREEN(S), YOU ACCEPT AND AGREE TO THESE TERMS OF USE.

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