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Prudential Retirement Terms and Conditions on the use of
ePrisms Web Site for Plan Administrators
Account Data Access
Prudential Retirement's ePrisms Web Site for Plan
Administrators permits you to access
your company's pension plan data. As a plan administrator with access to
this site, you represent that you are authorized to have access to pension plan
accounts (Accounts) for which you have been provided a user ID and a password. Because of the importance of safe-guarding your Account(s), you also agree to safeguard the user ID and password 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 password.
Prudential reserves the right to block access to the ePrisms site 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 password 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 (see Your
Responsibility section below). If you authorize third parties to access your Accounts
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 Retirement's ePrisms Web Site for Plan
Administrators and any software
provided for use in accessing our site
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 ePrisms site 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 Retirement's ePrisms Web Site for Plan
Administrators, or as to the timeliness,
sequence, accuracy, completeness, reliability or content of any information, data, service or
transaction provided through the
Prudential Retirement's ePrisms Web Site for Plan
Administrators, or with respect to any
software provided for use in accessing the
Prudential Retirement's ePrisms Web Site for Plan
Administrators.
The
Prudential Retirement's ePrisms Web Site for Plan
Administrators 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.
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Your Responsibility
As stated herein, you are responsible for all transactions, authorized by
you, or authorized by others you permit to use the ePrisms site or your user ID or password.
You accept full
responsibility for the monitoring of your company's
pension 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:
- loss, theft or unauthorized use of your password(s), user ID and/or unauthorized
access to your Account(s);
- inaccurate information in your company pension plan Account(s).
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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 Retirement Services
30 Scranton Office Park
Scranton, PA 18507-1789
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Prudential Retirement's ePrisms Web Site for Plan
Administrators Responsibility
Prudential Retirement's ePrisms Web Site for Plan
Administrators is responsible for completing the data
updates you authorize
for your company pension plan Account(s) in a timely manner, pursuant to your properly
entered and transmitted instructions. Prudential is not liable or responsible:
- If you have not properly followed instructions
on how to effect a transaction through the
Prudential Retirement's ePrisms Web Site for Plan
Administrators
- If you have not given complete, correct and/or current instructions so that the
transaction can be effected
- If we reasonably believe that a transaction may be unauthorized and determine not to
proceed with the requested transaction
- If your equipment and/or the software you used were not working properly at the time you
attempted to authorize a transaction
- If circumstances beyond our control prevent us from effecting a transaction, despite
reasonable precautions that we have taken. Such circumstances include but are not
limited to computer failure, telecommunication outages, postal strikes and other labor
unrest, delays caused by fires, floods, and other natural disasters.
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E-Mail
E-mail is provided to you only as a convenience and to enhance communications.
You agree that you will not use e-mail to
send data updates that require more formal authorization
in accordance with applicable law or Prudential or pension plan policies. Any
such requests, orders, or instructions is transmitted via e-mail will not be accepted or
processed by Prudential. Prudential is not responsible for any loss or damage that 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
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Business Days and Hours of Operation
Our business days are Monday through Friday except New York Stock Exchange holidays and
emergency closings. You can use the
Prudential Retirement's ePrisms Web Site for Plan
Administrators to review and/or submit data 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 ePrisms site. We retain the right to change the scope of our ePrisms site 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.
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Performance of Software and Electronic Service
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 the ePrisms
site 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 ePrisms site or for any loss of data, information or material.
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Ownership of Materials
The content and information on the
Prudential Retirement's ePrisms Web Site for Plan
Administrators 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 business 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.
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Governing Law
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.
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Amendment of this Agreement
Prudential may amend this Agreement from time to time. Your continued use of
the ePrisms site is your agreement to the terms of any and all such amendment(s).
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