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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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AssetMark is a Registered Trademark of AssetMark Investment Services, Inc.
Equal Opportunity Employer. © 2008 Fiserv ISS

INVESTMENT PRODUCTS: NOT FDIC INSURED • NO BANK GUARANTEE • MAY LOSE VALUE