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:
THE FOLLOWING PROVISIONS APPLY TO CUSTOMERS ONLY:
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 firstname.lastname@example.org. 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.
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.
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.
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:
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
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.
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.
Except as explicitly stated otherwise or required by law, you shall provide any notices to Hefren-Tillotson by e-mail to us at email@example.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.
CHOICE OF LAWS; CONSENT TO JURISDICTION
UPDATES AND AMENDMENTS