PLEASE READ THIS TERMS OF USE CAREFULLY. YOUR USE OF THIS WEBSITE ("SITE") WILL BE YOUR AGREEMENT TO THE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THIS SITE.
USE OF THIS SITE CONSTITUTES YOUR AGREEMENT TO BE SUBJECT TO THE TERMS OF USE.
BY USING THE RETIREMENT MANAGER SITE, YOU CONSENT TO THE FOLLOWING TERMS OF USE WITHOUT LIMITATION OR QUALIFICATION. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITE. VRSCO AND THE EMPLOYER MAY REVISE THIS TERMS OF USE AT ANY TIME WITHOUT PROVIDING PRIOR NOTICE TO YOU BY UPDATING THE WEB PAGE ON WHICH THIS TERMS OF USE IS POSTED AND LINKED TO THE SITE. YOU ARE BOUND BY ALL SUCH REVISIONS TO THE TERMS OF USE, REGARDLESS OF WHETHER YOU HAVE BEEN ADVISED OF OR ARE AWARE OF SUCH REVISIONS. YOU ARE SOLELY RESPONSIBLE AS AN AUTHORIZED USER OF THE SITE FOR PERIODICALLY ACCESSING AND REVIEWING THE THEN CURRENT TERMS OF USE TO WHICH YOU ARE BOUND.
YOUR BREACH OF THIS TERMS OF USE MAY SUBJECT YOU TO SERIOUS CIVIL AND CRIMINAL LEGAL PENALTIES. YOU ACKNOWLEDGE THAT VRSCO AND EMPLOYER WILL ACT TO PROTECT THEIR RIGHTS UNDER THIS TERMS OF USE AND ALL APPLICABLE LAWS. THE PROVISIONS OF THIS TERMS OF USE ARE FOR THE BENEFIT OF BOTH VRSCO AND EMPLOYER, AND EACH WILL HAVE THE RIGHT TO ASSERT AND ENFORCE SUCH PROVISIONS DIRECTLY ON ITS OWN BEHALF.
DEFINITIONS
For purposes of this Terms of Use:
"Authorized User" means any employee of an Employer which has contracted to use this Site powered by VRSCO and who is only authorized to use the Site in accordance with this Terms of Use. "Authorized Users" does not include your assigned financial advisor(s).
"Employer" refers to the employer that sponsors the qualified retirement plan(s) accessed through the Site.
"Retirement Manager" is the name of this specialized Site, which is housed on a secure Internet server and allows Authorized Users to service the Site and to retrieve records from the Site.
"VRSCO" means VALIC Retirement Services Company, a corporation organized under the laws of the State of Texas. VRSCO is the Site Operator.
"You" or "your" refers to everyone who is an Authorized User of the Site as defined above.
LIMITED LICENSE
VRSCO grants you a limited, revocable, nonexclusive, nontransferable license to view, store, bookmark, download, and print the pages within this Site solely for your personal, informational, and noncommercial use or as expressly authorized by VRSCO in writing. You are responsible for obtaining and maintaining all equipment, services, and other materials that you need to access this Site. VRSCO reserves all rights not expressly granted in this Terms of Use.
NO WARRANTIES
ALL INFORMATION ON THIS SITE IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED. WHILE REASONABLE EFFORTS ARE MADE TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THE SITE, ERRORS OR OMISSIONS SOMETIMES OCCUR. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW AND CONTRACTUAL AGREEMENTS, VRSCO AND EMPLOYER MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
FURTHER, VRSCO EXPRESSLY DISCLAIMS ALL WARRANTIES WITH RESPECT TO ANY DELAYS OR ERRORS IN THE TRANSMISSION OR DELIVERY OF ANY MATERIALS, PRODUCTS, OR SERVICES AVAILABLE THROUGH THIS SITE. EXCEPT AS PROVIDED BY LAW, VRSCO HAS NO RESPONSIBILITY TO MAINTAIN THE MATERIALS, PRODUCTS, OR SERVICES OFFERED ON THE SITE OR TO SUPPLY CORRECTIONS, UPDATES, OR RELEASES FOR THE SAME.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, EMPLOYER AND VRSCO SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT WITH REGARD TO ALL CONTENT AND INFORMATION THAT YOU VIEW, OBTAIN, OR ACCESS THROUGH THE SITE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You are responsible for taking all precautions necessary to ensure that any content that you obtain from the Site is free of viruses.
LIMITATION OF LIABILITY AND INDEMNITY
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW AND CONTRACTUAL AGREEMENTS BETWEEN VRSCO AND EMPLOYER; VRSCO, EMPLOYER, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, DELIVERING, OR MAINTAINING THE SITE, IS NOT LIABLE TO YOU OR ANYONE ELSE IN CONTRACT, TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR SIMILAR DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF USE OR SIMILAR ECONOMIC LOSS THAT RESULTS FROM YOUR USE OR INABILITY TO USE THE SITE, OR THE INFORMATION OR CONTENT AVAILABLE ON OR THROUGH THE SITE, EVEN IF THE EMPLOYER OR VRSCO OR AN AUTHORIZED REPRESENTATIVE OF EITHER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL VRSCO'S OR THE EMPLOYER'S TOTAL LIABILITY FOR ALL DAMAGES AND LOSSES THAT YOU OR ANYONE ELSE INCURS FOR ALL CAUSES OF ACTION ARISING, IN WHOLE OR IN PART, AS A RESULT OF
(1) YOUR ACCESS AND USE OF THE SITE;
(2) YOUR INABILITY TO ACCESS OR USE THE SITE; OR
(3) ANY BREACH BY VRSCO OR THE EMPLOYER OF THEIR OBLIGATIONS UNDER THIS TERMS OF USE
EXCEED THE AMOUNT THAT YOU ACTUALLY PAY, IF ANY, TO ACCESS AND USE THE SITE.
VRSCO assumes no responsibility and shall not be liable for any damages to, or viruses that many affect your computer equipment or other property as a result of your access to, use of, or browsing in the Site, or you're downloading any materials, data, text, images, video or audio from the Site.
All material on the Site has been prepared for informational purposes only and should not be construed as a recommendation; or an offer to buy or sell; or the solicitation of an offer to buy or sell any security, financial product or instrument; or to participate in any particular trading strategy in any jurisdiction in which such an offer or solicitation or trading strategy would be illegal.
This Site may be linked to websites of affiliated companies and certain other businesses which are not maintained by VRSCO. VRSCO is not responsible for the content of those websites and is not responsible for examining or evaluating those websites. The inclusion of any link to such websites does not imply approval of or endorsement by VRSCO or the Employer of the websites or the content thereof. VRSCO does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
You agree to indemnify, defend, and hold harmless VRSCO and its affiliates from and against all claims, demands, liabilities, damages, losses, or expenses, including attorney's fees and costs, arising out of or related to your improper access to or use of this Site, or any violation by you of these Terms of Use.
ACCESS TO PASSWORD PROTECTED/SECURE AREAS
VRSCO has implemented security features to limit the access to the Site to Authorized Users. As an Authorized User of the Site, you have been assigned a confidential ID and password to access the Site for purposes of adding to, deleting, or changing participant or Employer information to the Employer's qualified retirement plan(s). By using this Site, you hereby certify that you are authorized to use the Site and that you will follow procedures designated by VRSCO and the Employer relating to protecting the confidentiality of Protected Information, as defined below.
If you use this Site, you are responsible for maintaining the security and confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Do not share your login credentials with unauthorized users . Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
RESTRICTIONS ON USE OF MATERIALS IN SITE
You agree to use the Site only for lawful purposes. You further agree not to send to or store on the Site anything that:
(1) violates, infringes, disrupts, or interferes in any way upon the rights of others;
(2) includes, communicates, transmits, or distributes viruses, Trojan horses, worms, or other malware that is intended to be harmful, disruptive, or destructive to the Site or any other system;
(3) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable;
(4) promotes, encourages, or furthers a criminal offense, any civil liability, or any violation of law;
(5) constitutes the advertising, endorsement, or solicitation of any product or service; or
(6) solicits or advises users of the Site to subscribe to any on-line information services.
Any conduct by you that in VRSCO's and the Employer's determination restricts or inhibits any other Authorized User from using or enjoying the Site is prohibited and may result in your loss of access to the Site. You may not reverse engineer, reverse assemble, reverse compile, decompile, disassemble, or otherwise alter any executable code, contents, or materials on or received via the Site. You also may not access, use, or attempt to use:
1) the user ID and/or password of another Authorized User of the Site
2) any password protected and/or secure areas of the Site which you are not authorized to access by VRSCO and the Employer.
NOTICES RELATING TO DOCUMENTS AVAILABLE ON THIS WEB SITE
The products and services provided through this Site are available only in the United States. The contents on this Site may not be modified, distributed, displayed, published, sold, licensed, or otherwise reproduced or used without VRSCO's prior permission.
Permission to use and reproduce documents and related graphics available from this Site for personal use is granted, provided that:
1 The copyright notice below appears in all copies and provided that both the copyright and this permission notice appear.
2. The use and reproduction of documents and related graphics available from this Site is limited to personal, non-commercial use.
3. No documents or related graphics, including logos, available from this Site are modified in any way; and
4. No graphics, including logos, available from this Site are used separately from accompanying text.
Use or reproduction for any other purpose is expressly prohibited by law, and may result in civil and criminal penalties. Any unauthorized use of images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
CONFIDENTIALITY
You are obligated under these Terms of Use to keep confidential all information stored in and made accessible to you through the Site, otherwise referred to as "Protected Information." Protected Information includes nonpublic personal information of employees who participate in the Employer's qualified retirement plan(s). Nonpublic personal information consists of the employee's name, address(es), social security number, taxpayer identification number, and other sensitive financial and health information. All such information is Protected Information and you are authorized under this Terms of Use to access, review, manipulate, or change such information only as required by your responsibilities as an Authorized User as directed by the Employer.
You are strictly prohibited from accessing, using, reusing, distributing, disclosing, transmitting, manipulating, copying, modifying, or re-disclosing any data from the Site for any purpose other than carrying out your responsibilities as an Authorized User of the Site.
You agree to notify us immediately if you suspect that an unauthorized person has accessed the Site using your assigned ID and password.
TRADEMARKS AND COPYRIGHTS
All trademarks, services marks, trade names, logos, and icons are proprietary to VRSCO or to its indirect, parent company American International Group, Inc. ("AIG"). Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on this Site without the written permission of VRSCO or AIG. Your use of the trademarks displayed on this Site, or any other content on this Site, except as provided herein, is strictly prohibited.
Images displayed on this Site are either the property of, or used with permission by, VRSCO and AIG. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by VRSCO and AIG. Any unauthorized use of images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
SOFTWARE LICENSES
You acknowledge that any software which may be available or provided to you on this Site may contain technology that is subject to strict controls pursuant to export control laws and regulations of the United States of America and other countries and jurisdictions. You hereby agree that you will not transfer or export such software in violation of such applicable export laws and regulations. VRSCO does not authorize the downloading or exportation of any software or technical data from this Site to any jurisdiction prohibited by such export controls laws and regulations.
ELECTRONIC SIGNATURE
When you use your user ID and password to obtain or update information on this site, your user ID and password will act as a legally binding signature. You agree that the electronic record documenting your electronic signature will be admissible as an original signed document in any court of law and that you will not challenge or dispute the authenticity of such records on the grounds that an electronic signature is not legally binding.
CONTACT AND NOTIFICATION INFORMATION
For questions concerning the Terms of Use, technical information, difficulties in using this Site, and for any other question relating to the services offered through the Retirement Manager Site, please contact the Site Operator or by phoning 1-800-853-6399, option 7
