TERMS AND CONDITIONS OF USE
Welcome to the data aggregation and information management service ("Service") of Prudential Customer Solutions LLC, and our affiliated companies ("Prudential", "we," "us," "our").
If you're like most people, you have financial accounts at different organizations. This Service gives you the opportunity to collect your financial account information, including brokerage, insurance, checking and savings accounts from financial institutions other than Prudential, for use in certain financial calculators and tools, or to get a transparent, holistic picture of your financial information on one secure and convenient web page provided by Prudential.
In order to use the Service, you'll need to read and accept the following Terms and Conditions of Use Agreement ("Agreement"). By clicking the "Accept" button, you agree to be bound by this Agreement. If you do not agree to the terms and conditions in the Agreement, then unfortunately, you may not use the Service.
WHAT'S COVERED BY THE AGREEMENT
These terms and conditions ("Terms") are in addition to and do not replace or change any other agreements between you and Prudential. When using the Service to access account information in connection with your third-party accounts ("Third Party Accounts") at third-party sites ("Third-Party Sites"), you will be subject to the terms and conditions of those Third-Party Sites. You acknowledge that neither we nor our Service Provider, Envestnet | Yodlee ("Service Provider") are responsible for third-party terms of service and neither do we nor our Service Provider control those Third-Party sites or any products and services available through them. If you have any problems with your Third-Party Accounts or Third-Party Sites, you should contact the third-party financial institutions directly.
The Terms. These Terms, which cover your use of the Service, are an agreement between you and Prudential. From time to time, we may make changes to the terms of this Agreement. Such changes are effective immediately when we post them on this website (the "Site") and your continued use of the Service, following the posting, means that you agree to the changes. We also reserve the right, at our discretion, to discontinue offering the Service.
IMPORTANT BENEFITS AND LIMITATIONS OF THE SERVICE
Permissible Users. In order to use the Service, you must be at least 18 years old and reside in the United States. You represent and warrant that you have the right, authority and capacity to enter into these Terms and that you meet all eligibility requirements.
Benefits of the Service. The Service uses innovative intelligence and data aggregation technology to allow you to retrieve and view Third-Party Account information from various Third-Party Sites. The Service is brought to you by Prudential, under a service agreement with our Service Provider. Prudential and the Service Provider are separate, independent businesses. Through this Service, Prudential does not store or have access to your Third-Party account credentials, which are stored and managed by our Service Provider.
Limitations of the Service. You understand and agree that information created by the Service is provided for informational purposes and is not intended to be a brokerage or other official financial statement. You further agree that due to the nature of the Internet, we cannot always foresee or anticipate technical or other difficulties that might arise regarding the Service. These difficulties may result in loss of data, lost personalization settings or other Service interruptions. Prudential and the Service Provider do not assume responsibility for any errors, delays, damages or costs of any type arising out of your use of the Service, including the timeliness, deletion, loss, mis-delivery or failure to store any of your data, communications or personalization settings.
Limitations on Third-Party Account Information. Balances of Third-Party Accounts reflect the most recent refresh by the Service Provider and may not be accurate or timely if a refresh was not successfully completed or the information obtained during the refresh from the Third-Party Account is otherwise not accurate or current. You acknowledge that such information may be more up-to-date if you were to log on to your Third-Party Account(s) directly.
You acknowledge and agree that we have no obligation to verify the valuations, accuracy or completeness of such Third-Party Account information or to, review, investigate, or reconcile any differences between (i) Third-Party Account information and (ii) and information you provide to us or to our employees, financial professionals, or other agents and representatives through means other than the Service (whether such information is provided orally, in writing, or electronically, through one or more of our forms or otherwise).
Any analysis, review, investment advice or guidance provided by Prudential pursuant to a relationship (such as an investment adviser or broker-dealer relationship) created under an agreement other than this Agreement creates no duty or other responsibility for Prudential to (i) advise you to take any action or inaction regarding your Third Party Accounts or positions, individual investments, investment strategies or asset allocations at other financial institutions or (ii) to take into account any information available through the Third-Party Sites in formulating the analysis, review or investment advice. You acknowledge and agree that in providing analysis, investment advice or guidance pursuant to an investment adviser or broker-dealer relationship, Prudential will not take into account any information available through the Third-Party Sites and that all analysis, investment advice or guidance will be based solely on the information you provide to us or to our employees, financial professionals, or other agents and representatives through means other than the Service.
You understand and agree that you should perform your own evaluation of your personal financial situation or any guidance or recommendations offered by us, based on your investment objectives, financial resources and risk tolerance. Neither we nor our Service Provider assume any responsibility or shall be liable for any damages or costs of any type arising out of or in any way connected with your use of any Third-Party Account information and/or the services of any Third-Party Site accessed by you through links on this Service.
ADDITIONAL USER RESPONSIBILITIES
Providing Accurate Information. You agree to provide true, accurate, current and complete information about yourself and your Third-Party Accounts and you agree to not misrepresent your identity or your account information. You further agree to keep your registration and Third-Party Account information up to date and accurate.
Privacy and Security. At Prudential, we work hard to protect your privacy and maintain the security of your personal information. The online privacy statement governing this Service is available for your review on this Site. You acknowledge and agree that you have read our online privacy statement before accepting these Terms.
Guard Your Password. You are responsible for maintaining the confidentiality of your password, user name or other means that give you access to the Service ("Password") and therefore you agree not to give your Password to any unauthorized individuals. Neither we nor our Service Provider will be liable for any loss that you may incur as a result of someone else using your Password, either with or without your knowledge or consent. If you believe that your Password has been lost or stolen or that someone has used or may attempt to use the Service without your consent, you agree to notify us immediately by calling 1-800-PRU-HELP.
User Conduct. You are only permitted to use the Service and its content as expressly authorized by these Terms. You agree not to use the Service for illegal purposes or for the transmission of material that is unlawful, harassing, libelous (meaning untrue or damaging to others), invasive of another's privacy, abusive threatening, obscene or that infringes the rights of others.
Proprietary Rights. You acknowledge and agree that we, our affiliates and our Service Provider own all rights to this Service and the content displayed on the Site and any intellectual property and/or technology (in any form) made available to you as part of the Service. You are permitted to use content delivered to you through the Service only on the Site. You may not copy, reproduce, distribute or create derivative works from this content. Further, you agree not to reverse engineer or reverse compile any of the service technology, including but not limited to, any Java applets associated with the Service.
No Endorsements. All product and service marks on or associated with the Service that are not our marks are the trademarks of their respective owners. References to any names, marks, products or services of third parties or hyperlinks to Third-Party Sites or information do not constitute or imply our or our Service Provider's endorsement, sponsorship or recommendation of the third-party information, product or service.
Errors and Questions. In case of errors or questions about your use of the Service, you should call 1-800-PRU-HELP.
RIGHTS THAT YOU GRANT TO USE
Content You Provide and is Derived by Use of the Service. You are licensing to us and our Service Provider any information, data, passwords, user names, materials or other data which you provide through or to the Service ("Content"). We and our Service Provider may use, modify, display, distribute and create new material using such Content to provide the Service to you. We and our Service Provider may also use, sell, license, reproduce, distribute and disclose aggregate non-personally identifiable information that is derived through your use of the Service. By submitting Content or using the Service, you automatically agree or promise that the owner of such Content has expressly agreed that, without any particular time limit and without the payment of fees, we and our Service Provider may use the Content for the purposes that we have described and outlined for you in this Agreement.
Access to and Use of Your Records. In order to ensure that you receive high quality Service that is responsive to your needs, you agree that our employees, financial professionals, Third-Party service Providers, consultants, auditors, attorneys and other agents and representatives may have access to your use, activity and other information related to the Service (“Information”) as reasonably needed to investigate complaints, comply with applicable laws, administer our business and to generally support your use of the Service. You further agree that Prudential and our financial professionals may use your Information for marketing purposes, which may include making you aware of other financial products or services available through Prudential, without independent verification of your Information.
Third-Party Accounts. By using the Service, you authorize us and our Service Provider to access Third-Party Sites and Third-Party Account information, designated by you, on your behalf, and to retrieve and register such information and accounts, as requested by you. For all of these purposes, you grant us and our Service Provider a limited power of attorney and you appoint us and our Service Provider as your true and lawful attorney-in-fact and agent, with the full power of substitution and resubstitution, for you and in your name, place and stead, in any and all capacities, to access Third-Party Sites, servers or documents, retrieve information and use your information all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN PRUDENTIAL OR OUR SERVICE PROVIDER ACCESSES AND RETRIEVES INFORMATION FROM THIRD-PARTY SITES, PRUDENTIAL AND OUR SERVICE PROVIDER ARE ACTING AS YOUR AGENT AND NOT THE AGENT OR ON BEHALF OF THE THIRD-PARTY. You agree that Third-Party Account providers shall be entitled to rely on the forgoing authorization, agency and power of attorney granted by you. You further understand and agree that the Service is neither endorsed nor sponsored by any Third-Party Account providers.
JUST A FEW MORE IMPORTANT LEGAL MATTERS
Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD-PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILALABLE" BASIS. PRUDENTIAL AND SERVICE PROVIDER EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD-PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANATBILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. PRUDENTIAL AND SERVICE PROVIDER MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PRUDENTIAL OR SERVICE PROVIDER THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
Limitation of Liability. YOU AGREE THAT NEITHER PRUDENTIAL OR SERVICE PROVIDER NOR ANY OF THEIR AFFILIATES, ACCOUNT PROVIDERS OR ANY OF THEIR AFFILIATES WILL BE LIABLE FOR ANY HARMS, WHICH LAWYERS AND COURTS OFTEN CALL DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FROM LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF PRUDENTIAL OR SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE, (ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES, (iii) ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICE, (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICE, (vi) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD-PARTY ACCOUNT PROVIDER SITE, EVEN IF THE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES, OR (viii) ANY OTHER MATTER RELATING TO THE SERVICE.
Indemnification. You agree to protect and fully compensate us and our Service Provider and our and their affiliates from any and all third-party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorney fee) caused by or arising from your use of the Service, your violation of these terms or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.
Retention and Availability. Information created, acquired or collected about you through the Service may be retained by us or our Service Provider for periods of time and in a form as determined by us or required or permitted by applicable law, rule or regulation. Such Information may be made available under applicable law to government and self-regulatory agencies and may be disclosed to third parties, legal, regulatory or self-regulatory authorities when we reasonably believe that such action is necessary to conform with legal requirements, comply with legal processes or protect or defend the rights, property, legal, personal or financial interests of us, our Service Provider or others.
Disposition after Termination. Upon termination of the Service, we may purge any or all records of any or all Information, including Third-Party Account Information, archived reports and other information, as we may deem appropriate in our sole discretion. Information previously retained and available to you through the Service may no longer be available.
Waiver and Severability. We do not waive our rights by delaying or failing to exercise them at any time. If any provision of this Agreement is determined to be unenforceable, the validity or enforceability of any other provision of this Agreement shall not be affected.
Governing Law. The laws of the State of New Jersey apply to this Agreement without giving effect to its conflicts of law provisions or your actual state of residence.
You agree that Service Provider is a third-party beneficiary of the above provisions with all rights to enforce such provisions as if Service Provider were a party to this Agreement.