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AssetMark 401(k) Website User Agreement
and General Disclaimer
Welcome to the AssetMark 401(k) Website ("Website"),
located at www.AssetMark401k.com.
This electronic Website User Agreement (the
“Agreement”) applies to the AssetMark 401(k) Website and its
content and services, both electronic and otherwise, as well as any features or
content we may add in the future. The AssetMark 401(k) plan is a Daily
Valuation 401(k) product and service of Fiserv ISS. This Agreement is between
Fiserv ISS/Trust Industrial Bank ("Fiserv ISS")and you, the Website user.
If you are already a Daily Valuation 401(k) customer and would like
access to additional Daily Valuation 401(k) Website features, we are asking at
this point that you read our Agreement before clicking “Agree”
below. If you are simply visiting our Website, the Agreement serves as our
terms and conditions. In continuing to access or use our Website, you agree to
the terms and conditions as they apply to you. If you do not agree with the
terms of this Website User Agreement, simply leave and refrain from using the
Website, or click “Disagree,” below. You should be aware, however,
that any use of the Website is subject to the terms and conditions of the
Agreement.
For purposes of this Agreement, "you" means any person or
entity contacting and using any part of the Website, any person or entity
obtaining a password for the password-protected areas of the Website, and any
other persons or entities authorized to use your account. "Content"
means any and all information, services, hyperlinks, or other audio, visual,
graphic, textual or other form of material or data displayed on the Website.
You agree to ensure that other parties using your account abide by the terms
and conditions of this Agreement and you assume responsibility for any breaches
of the Agreement by any such persons or entities.
Personal Identification Number
You may inquire about your Account and provide investment direction
for your Account through the Website. You understand that a Personal
Identification Number (PIN) and/or password will automatically be assigned to
your account until you log in for the first time, at which time you are
required to establish your own PIN or password. You understand that when
accessing your Account via the Website, you must provide your password and
social security number for identification purposes. You agree to keep your
password and social security number confidential to minimize unauthorized
access to your Account. You acknowledge and agree that Fiserv ISS is
not responsible for determining whether a Website user is authorized, other
than verifying that such person is using the PIN or password for your Account.
You agree to notify Fiserv ISS immediately of any unauthorized
transactions in your Account. Fiserv ISS is not responsible for any
unauthorized transactions in your Account.
Online Account Inquiry
Internet access to your account information is provided for your
convenience. The information obtained through online account inquiry should be
used in conjunction with your periodic account statements. Any informational
discrepancies must be reported to Fiserv ISS pursuant to the statement review
period. The statements you receive, either electronically or by mail, may
contain additional important information and disclosures, and should be
considered, retained and referred to as your official account records.
Risks Associated With Submitting Requests via the Internet
Fiserv ISS strives to keep the Website available on a
continuous basis. However, as with all computer software systems, periodic
upgrades and other service will sometimes be required. In addition,
telecommunications links that are necessary to operate the Website are
maintained by third parties, and Fiserv ISS has no control over the
ability of such external systems to remain in operation without disruption.
Thus, you acknowledge that the Website may be occasionally unavailable due to
such periodic maintenance or to other unexpected interruptions, and Fiserv
ISS is not responsible for inaccessibility during such downtimes and
interruptions in service.
Hyperlinks to Third Party Information and Value Added Services
This Website contains electronic hyperlinks to other sites. Fiserv
ISS offers these hyperlinks as an accommodation to you and other
users, but does not guarantee and is not responsible for the accuracy, quality,
or suitability of the information provided on websites located through such
hyperlinks, nor is Fiserv ISS responsible for the privacy practices
of such other sites and sponsoring companies. When you leave the Website by
means of a hyperlink, you are subjecting yourself to whatever policies and
practices might be employed by the operators of the other websites, and Fiserv
ISS has no control over such activities. It is strongly recommended
that you read and familiarize yourself with the user policies of other websites
before utilizing the contents of those sites.
General Disclaimer
Much of the Content, including but not limited to financial
information and research, market data, tools, services and commentary available
on or through this Website is provided by or obtained from third parties and is
made available by Fiserv ISS/Advisors Services for general reference
and educational purposes only.
Fiserv ISS does not provide any financial, investment or
tax advice and does not recommend or endorse any investment product or
strategy, or any financial or investment related services. The availability of
the information does not constitute any such recommendation, nor does it
constitute a solicitation or offer to buy or sell any investment product.
Fiserv ISS does not guarantee the accuracy of the information
provided, although it is believed to be reliable. Fiserv ISS is not
responsible for the quality or suitability of this information.
You acknowledge that any reliance on information obtained through
your use of the Website, including through any linked sites, is at your sole
risk, and that you assume full responsibility for any and all costs associated
in any way with use of the Website and the materials it contains and any linked
sites, and that Fiserv ISS, its officers, directors and employees are
not liable for damages of any kind, whether or not such damages might have been
foreseeable, related to your use of the Website, the materials and information
it contains, or any linked sites. You agree to indemnify, defend and hold
harmless Fiserv ISS and all of its employees, agents and
representatives, from any claims asserted by a third party arising from your
use of the Website, except for claims which pertain to Fiserv ISS's ownership
of intellectual property rights in the Content.
Arbitration and Governing Law Provisions
By using the Website you agree that all claims and disputes of
every type and matter which may arise between you and Fiserv ISS will be
submitted to binding arbitration pursuant to the Commercial Arbitration rules
of the Americ an Arbitration Association; when the total damages by all
claimants in an Arbitration Demand exceed $75,000 the proceedings and hearings
in the case shall take place only in Denver, Colorado; when the total damages
by all claimants in an Arbitration Demand are $75,000 or less, the arbitration
proceedings and hearings in the case shall take place only in the city with a
United States District Court nearest to the residence of one or more of the
claimants. To the extent not preempted by federal law, Colorado law (including
without limitation Colorado statutes governing arbitration proceedings) shall
control during the arbitration. You expressly waive any right you may have to
institute or conduct litigation or arbitration in any other forum or location,
or before any other body, whether individually, representatively or in another
capacity. Arbitration is final and binding on the parties. An award rendered by
the arbitrator(s) may be confirmed in any court having jurisdiction over the
parties. In arbitration the parties are entitled to a fair hearing, but
arbitration procedures are simpler and more limited than rules applicable in
court. The arbitrator’s award is not required to include factual findings
or legal reasoning, and any party’s right to appeal or to seek
modification of rulings by the arbitrator is strictly limited.
Acceptable Use
The Website may not be used in violation of any community
standards, accepted Internet policy, laws or regulations of local, state,
foreign or Federal governments or agencies thereof, or international treaty.
Actions such as, but not limited to, misuse of copyrighted, patented or
protected materials, use of the Website for defamatory, threatening or obscene
purposes, the mass distribution of any message on an intrusive basis to users
of the Internet, or denial-of-service or security related attacks is
prohibited.
Security/Privacy
The Internet is not a secure network. Confidential or sensitive
information should not be transmitted over the Internet, or stored on computers
directly connected to the Internet. Fiserv ISS does not assume
responsibility for loss or theft of information transmitted over the Internet
or stored on computers directly connected to the Internet. You further
acknowledge that, by using the Website, information as to your Internet
address, your identity, the details of your activity on the Website and other
similar information will become available to Fiserv ISS and you
hereby permit Fiserv ISS to collect, store, analyze and use this
information in its sole discretion for marketing, promotional, quality control
and other purposes related to the Content and to the operation of the Website.
Fiserv ISS will only make such information available to third parties
pursuant to its Privacy Policy. For more information, please see the additional
Privacy and Security disclosures on this site.
Termination
This Agreement and any subsequent amendments or modifications are
effective unless and until terminated by Fiserv ISS. Fiserv ISS
may, in its sole discretion, terminate this Agreement at any time
without notice to you, and accordingly deny you access to any password
protected areas of the Website if you fail to comply with the provisions of
this Agreement.
Modification
Fiserv ISS may modify the Content of the Website at any
time without notice. Fiserv ISS makes no guarantee that all services
currently offered on the Website will remain available for any specific period
of time. Additionally, from time to time Fiserv ISS may modify or
amend this Agreement. Any such changes will be reflected in the then-current
version of the Agreement, which will be accessible on the Website. You agree to
be bound by all terms of such amendments or modifications through your
continued use of the Website.
General Provisions
This Agreement sets forth the entire agreement between Fiserv ISS
and you related to the subject matter addressed above. If any provision
of this Agreement is invalid or unenforceable, the remainder of the Agreement
shall remain in force and the affected provisions shall be deemed modified so
as to be enforceable to the maximum extent permitted by law. You may not assign
this Agreement to a third party without Fiserv ISS's prior consent. Fiserv
ISS shall not be deemed to have waived any rights herein by electing
not to enforce such rights. Fiserv ISS shall not be responsible for
any failure in performance that is due to causes or occurrences beyond its
reasonable control.
Consent to Electronic Agreement, Records and Signature
This Agreement contains the terms and conditions governing the
Daily Valuation 401(k) Website. By clicking “Agree” you are
providing your electronic signature that will affirm:
• You understand and intend that the Agreement is a legally
binding agreement and the equivalent of a signed, written contract;
• You will use the Website in a manner consistent applicable
laws and regulations, and in accordance with the terms and conditions in this
Agreement as it may be amended from time to time; and
• You understand, accept and have received the Agreement and
its terms and conditions, and acknowledge and demonstrate that you can access
the Agreement and other electronic disclosures and information on our web site.
If you do not agree with the terms and conditions of this
Agreement, please select “Disagree” below and you will return to
the general access Daily Valuation 401(k) home page. If you click
“Agree” below, we will create an electronic record of your
agreement and you will be able to continue into the Daily Valuation 401(k)
Website.
This Agreement will always be available for your review via a link
on Daily Valuation 401(k) home page (www.fiserviss-401kservices.com).
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