Prudential Online Retirement Center service for Plan Sponsors ("Service") permits you to access your company's retirement plan data. You represent on a continuing basis that you are authorized to have access to any retirement plan account for which you have requested ("Accounts") a User Id and a Personal Identification Number (PIN). Because of the importance of safe guarding your Prudential Account(s), you have also agreed to safeguard these items and not provide them to others. You agree that Prudential shall not be responsible for damages or loss resulting from any breach of security caused by your failure to maintain the confidentiality of your User Id and PIN. All account data is provided as a convenience and for your information, and is not the official record of the plan account activity. Account data provided through Prudential Online Retirement Center is generally updated as of the prior business day's close of business and is subject to adjustment and correction.
Prudential reserves the right to block access to the service to maintain or restore security to Prudential's site and systems if we reasonably believe your access codes have been or may be obtained or are being used or may be used by an unauthorized person(s) or to maintain the general security and/or integrity of the accounts, data and/or systems.
Any transaction(s) entered by a person using the User Id and PIN assigned to you will be deemed to have been authorized by you, unless you have previously notified Prudential, in a timely manner, of the loss of these personal identifiers. If you authorize third parties to access your account and/or our services, you agree to defend, indemnify and hold Prudential harmless against any liability, losses, damages and reasonable costs and expenses (including attorney fees) arising out of claims or suits by any such third parties based upon or relating to such access and use.
You expressly agree that your use of the Prudential Online Retirement Center and any software provided for use in accessing our Services is at your sole risk. Neither Prudential nor any of its directors, officers, employees, agents, contractors, affiliates, information providers, licensors or other suppliers providing data, information or services, warrants that the Service will be uninterrupted or error free; nor does Prudential make any warranty as to the results that may be obtained from the use of the Prudential Online Retirement Center, or as to the timeliness, sequence, accuracy, completeness, reliability or content of any information, data, service or transaction provided through the Prudential Online Retirement Center, or with respect to any software provided for use in accessing the Prudential Online Retirement Center.
The Prudential Online Retirement Center service data, software, equipment and information is provided on an "as is", "as available" basis, without warranties of any kind, either express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement. Prudential shall under no circumstance be liable for direct, special, indirect or consequential damages resulting from these services, or any breach of any warranty, even if advised of or if it could have reasonably foreseen such damages. Prudential's maximum liability hereunder shall not exceed $100.00.
As stated herein, you are responsible for all transactions, including those made via the "Participant Transaction Initiation Service" or "The Participant Transaction Center", authorized by you, or authorized by others you permit to use the Service or your PIN. You accept full responsibility for the monitoring of your company's retirement plan Account(s).
You agree to immediately notify us by phone or in writing, delivered via U.S. Mail, certified, return receipt requested, at the address listed below, if you become aware of any of the following:
If you fail to notify us within 5 business days after any of the above listed circumstances occur, we will have no responsibility or liability for any claims arising from said circumstance.
You may contact your Client Consultant or write us at:
Prudential Online Retirement Center is responsible for completing the transactions you authorize for your company retirement plan Account(s) in a timely manner, pursuant to your properly entered and transmitted instructions. Prudential is not liable or responsible:
E-mail is provided to you only as a convenience and to enhance communications. You agree that you will not use e-mail to request, authorize or affect the purchase or sale of any securities, to send fund transfer instructions, or for any other financial transactions that require more formal authorization in accordance with applicable law or Prudential or Retirement Plan policies. Any such requests, orders, or instructions that you send in via e-mail will not be accepted or processed by Prudential. Prudential is not responsible for any loss or damage that which arises from unaccepted e-mail requests, orders or instructions.
You agree not to send any personal or identifying information, such as account numbers, Social Security numbers, passwords, etc. via e-mail. Prudential is not responsible for any loss or damage that results from interception by third parties of any information you send via e-mail.
All e-mail messages and all activity on the Account(s) may be monitored and/or reviewed by Prudential and will be recorded and archived and are made available for review by Prudential agents and/or regulatory examiners
You acknowledge that we do not provide tax, legal or investment advice nor do we give advice or offer any opinion with respect to the suitability of any investment. You further understand that while you may be able to access investment reports through the Internet, the availability of such information does not constitute a recommendation to buy or sell all or any of the securities discussed therein. Any investment decisions you make for your company's retirement plan Account(s) will be based solely on your own evaluation of your Investment Policy Statement and investment objectives.
Our business days are Monday through Friday except New York Stock Exchange holidays and emergency closings. Although financial transactions can be processed only on business days, you can use the Prudential Online Retirement Center to reach us 24 hours a day, seven days a week, except during any special maintenance periods or periods when access is not available due to maintenance, support or other system activities.
We may, on a regular basis, perform maintenance on our equipment or system, which may result in interrupted service or errors in the Service. We retain the right to change the scope of our Services from time to time. To the extent permissible, we will provide prior notice of such interruptions and changes but do not guarantee that such notice will be provided.
You agree that our liability for viruses, or other similar harmful components or contaminants that may enter your computer system by downloading information, software, or other materials from our site or which result from the provision of these Services is limited to Prudential using its reasonable efforts to reconstruct or replace the lost data or information, software or other material. Prudential is not responsible or liable for any indirect, incidental or consequential damages which may result from such harmful components or from your inability to use the Services or for any loss of data, information or material.
The content and information on the Prudential Online Retirement Center is copyrighted by Prudential and/or its authorized suppliers; the unauthorized reproduction or distribution of any portions is prohibited. The materials provided with this service, including graphic images, buttons and text, may not be copied, reproduced, republished, modified, disclosed, uploaded, posted, transmitted, or distributed in any way, without the prior written permission of Prudential, except that you may download, display, or print one copy of the materials on any single computer solely for your personal, non-commercial, home use, provided that you keep intact and do not modify all copyright, trademark, and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of Prudential's its affiliates', and/or its third-party information providers' copyrights and other proprietary rights. Portions of this service are based on software from SSL Plus: SSL 3.0 Integration Suite(tm), which is Copyright 1996 by Consensus Development Corporation, All Rights Reserved. Portions are Copyright 1996 by Netscape Communications Corporation, All Rights Reserved. This service contains security software from RSA Data Security, Inc. Copyright 1994 RSA Data Security, Inc. All Rights Reserved. This service contains software from Adobe(tm) Copyright 1987-1997 Adobe Systems Incorporated. All Rights Reserved. Adobe, Acrobat, and the Acrobat logo are trademarks of Adobe Systems Incorporated, which may be registered in certain jurisdictions.
You agree that this Agreement shall be governed and interpreted in accordance with the laws of the state of New Jersey without regard to principles of conflict of laws. You further agree to submit to the exclusive jurisdiction in the federal and state courts in the State of New Jersey located in Essex County.
Prudential may amend this Agreement from time to time. Your continued use of the Service is your agreement to the terms of any and all such amendment(s).