Security Information

Online Bank Verification Security Powered by Yodlee: What You Need to Know

Online Bank Verification within the secure account access area is powered by technology provided by Yodlee. Yodlee employs leading-edge technologies, standards, and business practices to protect your data. Yodlee has multiple patents granted or filed on various aspects of their technology including security infrastructure and data acquisition framework.

Key components of Yodlee security include:

Data and Password Encryption

Password and account data are stored and transmitted in encrypted format at all times. All data is securely housed in an Internet server hosting space that provides enhanced physical security, fire protection and electronic shielding.

Network Intrusion Detection Systems

Network-based IDS (intrusion detection system) provides 24x7 network monitoring and alerts security personnel to any external attacks on the network.

Physical Security Measures

Yodlee has retained the most secure environment available at a third-party site. Security personnel monitor the system 7 days a week, 24 hours a day. Access to servers requires multiple levels of authentication, including biometrics (hand print scan) procedures granted by you. You understand and agree that the service is not endorsed or sponsored by any third party account providers accessible through the service.

Rigorous Audits and Inspections

The security infrastructure is regularly audited and inspected by industry-leading third party auditors and security experts.

Online Bank Verification Powered by Yodlee:

Online Bank Verification within the secure account access area is powered by technology provided by Yodlee.

Yodlee - Privacy Policy Yodlee is committed to safeguarding your privacy.

This Privacy Policy sets forth Yodlee's commitment to you to protect the privacy of your personal information that is collected through the Yodlee Services. In particular Yodlee will not sell your personal information to any third parties. The Yodlee Services have participated in industry certified audits and assessments to help promote the principles of disclosure and informed consent on the Internet. Because Yodlee wants to demonstrate its commitment to your privacy, Yodlee have agreed to disclose our information practices as they apply to the Yodlee Services and have our privacy and security practices reviewed for compliance by these recognized experts.

How is my Personal Information protected and secured?

At Yodlee, our number one focus is customer trust. The security of your personal information is important to us. Yodlee understand the need for our customers' personal data to be completely secure and private, and Yodlee have designed and deployed (as a part of the Yodlee Services) a state-of-the-art system to protect our customer's personal information. Yodlee maintains physical, electronic and procedural safeguards that comply with federal standards to guard your personal information held by Yodlee relative to the Yodlee Services. When you enter personally identifiable information on our registration page, Yodlee encrypt that information using at least 128-bit secure socket layer technology (SSL). The Yodlee databases are physically protected at a secure, third party site and are monitored by security personnel twenty-four hours a day. Only authorized personnel can access the data center, and they must submit to multiple forms of identification including biometric authentication.

Yodlee's privacy practices comply with the APEC Cross Border Privacy Rules System.

Yodlee complies with the U.S. - E.U. Safe Harbor framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal data from European Union member countries. Yodlee has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view Yodlee's certification, please visit http://www.export.gov/safeharbor/.

Electronic bank verification is conducted through a third party service provider that is unaffiliated with Future Scholar 529 College Savings Plan and Future Scholar 529 College Savings Plan Funds. If you choose to add a bank account electronically, you must agree to the Bank Verification Terms & Conditions of Use set forth below. The Fund or the Fund's transfer agent will send your information to the third party service provider, who will then compare your information with their database to verify the information you provided. Please read and agree to the below Bank Verification Terms and Conditions of Use for the third party service in order to continue.

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Agreement and Bank Verification Terms & Conditions of Use of the Service

By acknowledging below, I (we) authorize the Fund and its agents to act upon instructions (by phone, in writing, online or by other means) believed to be genuine and in accordance with procedures described in the prospectus (if applicable) for this designated bank account. I (we) authorize credits/debits to/from the bank account designated in conjunction with the account options selected. I (we) agree that Future Scholar 529 College Savings Plan and Future Scholar 529 College Savings Plan Funds shall be fully protected in honoring any such transaction. I (we) also agree that Future Scholar 529 College Savings Plan and Future Scholar 529 College Savings Plan may make additional attempts to credit/debit my (our) account if the initial attempt fails and I (we) will be liable for any associated costs. All account options elected will become part of the account and terms, representations, and conditions thereof.

Provide Accurate Information.

I (we), the end user, agree to provide true, accurate, current and complete information about myself (ourselves) and my (our) accounts maintained at other web sites and I (we) agree to not misrepresent my (our) identity or my (our) account information. I (we) agree to keep my (our) account information up to date and accurate.

Proprietary Rights.

I (we) are permitted to use content delivered to me (us) through the service only on the service. I (we) may not copy, reproduce, distribute, or create derivative works from this content. Further, I (we) 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.

Content You Provide.

I (we) are licensing to Future Scholar 529 College Savings Plan Funds (Company) and its service providers (Service Provider) any information, data, materials or other content (collectively, Content) I (we) provide through or to the service. Company and Service Provider may use, modify, display, distribute and create new material using such Content to provide the service to you. By submitting Content, I (we) automatically agree, or promise that the owner of such Content has expressly agreed that, without any particular time limit, and without the payment of any fees, Company and Service Provider may use the Content for the purposes set out above. I (we) agree that, as between Company and Service Provider, Company owns your confidential account information.

Third Party Accounts.

By using the service, I (we) authorize Company and Service Provider to access third party sites designated by Company, on my (our) behalf, to retrieve information requested by me (us), and to register for accounts requested by me (us). For all purposes hereof, I (we) hereby grant Company and Service Provider a limited power of attorney, and I (we) hereby appoint Company and Service Provider as my (our) true and lawful attorney-in-fact and agent, with full power of substitution and re-substitution, for me (us) and in my (our) name, place and stead, in any and all capacities, to access third party internet 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. I (WE) ACKNOWLEDGE AND AGREE THAT WHEN COMPANY OR SERVICE PROVIDER ACCESSES AND RETRIEVES INFORMATION FROM THIRD PARTY SITES, COMPANY AND SERVICE PROVIDER ARE ACTING AS MY (OUR) AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY. I (we) agree that third party account providers shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by me (us). I (we) understand and agree that the service is not endorsed or sponsored by any third party account providers accessible through the service.

DISCLAIMER OF WARRANTIES.

I (WE) EXPRESSLY UNDERSTAND AND AGREE THAT: MY (OUR) 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 MY (OUR) SOLE RISK. THE SERVICE IS PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS. COMPANY 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 MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. COMPANY AND SERVICE PROVIDER MAKE NO WARRANTY THAT

• (i) THE SERVICE WILL MEET MY (OUR) 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 ME (US) THROUGH THE SERVICE WILL MEET MY (OUR) 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 MY (OUR) OWN DISCRETION AND RISK AND I (WE) ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO MY (OUR) 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 ME (US) FROM COMPANY OR SERVICE PROVIDER THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

LIMITATION OF LIABILITY.

I (WE) AGREE THAT NEITHER COMPANY, ITS INVESTMENT MANAGER, OR SERVICE PROVIDER NOR ANY OF THEIR EMPLOYEES, OFFICERS, TRUSTEES, DIRECTORS, 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 FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF COMPANY 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
• (vii) ANY OTHER MATTER RELATING TO THE SERVICE.

Indemnification.

I (we) agree to protect and fully compensate Company, its investment manager, and Service Provider and their employees, officers, trustees, directors, and affiliates from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable fees) caused by or arising from my (our) use of the service, my (our) violation of these terms or my (our) infringement, or infringement by any other user of my (our) account, of any intellectual property or other right of anyone. I (we) agree that the Company's investment manager and Service Provider are each a third party beneficiary of the above provisions, with all rights to enforce such provisions as if the investment manager or Service Provider were a party to this Agreement.

Online Account Access Terms and Conditions

NOTE: ACCESSING ACCOUNT INFORMATION OR INITIATING TRANSACTION OR ACCOUNT MAINTENANCE REQUESTS THROUGH THIS WEBSITE CONSTITUTES AND SHALL BE DEEMED TO BE ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS.

ONLINE ACCOUNT ACCESS TERMS AND CONDITIONS

1. SERVICES.
This Agreement ("Agreement") describes your rights and obligations as a user of certain online services (the "Services") provided with regard to one or more accounts (the "Accounts") maintained under the Future Scholar 529 College Savings Plan ("Program") and accessed via the private, secure portion of the Program website ("Website"). Your access of, request for information via, or placement of any transaction or maintenance request through this Website constitutes use of the Services. By using the Services, you agree to comply with the terms and conditions of this Agreement.

As with all financial accounts and transactions, you should exercise great care in using the Services provided on this Website and entering personal information on the Website and. The information provided on this Website is provided to facilitate transactions in your Account and maintenance requests and does not constitute an offer to sell or a solicitation of an offer to buy interest in the Program. Nothing on this Website should be construed as rendering tax, legal, investment, accounting or other forms of advice. The posting of any information on this Website should not be interpreted as a recommendation or opinion that you should make any purchase or sale or participate in any transaction, nor shall its presence constitute a warranty of accuracy, or the completeness of such information.

You alone assume the sole responsibility of evaluating the data and information provided via the Website. In exchange for using Website and the Services, you agree not to hold the Program or any of its service providers liable for any possible claim for damages arising from any decision you make based on information made available to you through the Website or any Service.

2. TECHNICAL REQUIREMENTS.
You alone are responsible for ensuring you have a secure internet connection and appropriate hardware capable of receiving, accessing and displaying information available through the Website. The Website is best viewed using the latest version of Internet Explorer, Chrome, Firefox or Safari. Certain documents on the Website are made available in the Portable Document Format (PDF). You must have Adobe reader to access PDF files. You can read about it and download it directly from Adobe's web site, www.adobe.com.

3. SCOPE OF USE; USER COVENANTS.
You are the only authorized user of the Services under this Agreement. You agree to provide all equipment to access the Services and you will be solely responsible for paying all charges related thereto. In connection with your use of this Website, you may establish or otherwise receive user IDs, passwords and other security codes, methods and devices used to access the Website ("User Codes"). Your use of the Services may involve transmission of your personal and personal financial information by electronic means. You hereby consent to such transmission as is necessary to complete any request submitted under use of your User Codes. You are responsible for the confidentiality and use of your User Codes, Account numbers, Social Security Numbers or other personal information used in connection with your Account(s) to access the Website or to verify your identity. You agree not to share your User Codes with any other person, not to allow any other person access to the Services and not to make the Website or any information thereon available to any third parties.

You agree that you will use the Services, and the Website, in a manner consistent with applicable laws and regulations and in accordance with this Agreement, as it may be amended by the Program from time to time. The Program may revise this Agreement at any time, and you agree to be bound by future revisions. Any use of the Website or Services by you subsequent to any such revision shall be deemed to be consent by you to such revision. It is your responsibility to periodically review the most current terms and conditions.

You agree to provide true, accurate, current and complete information about yourself. You also agree not to impersonate any person or entity, misrepresent any affiliation with another person, entity or association, use false headers or otherwise conceal your identity from the Program for any purpose. The information you provide will be treated in accordance with the Program's Privacy Policy. You agree that (i) you will not use the Website or Services for any purpose that is unlawful, tortious, abusive, intrusive on another's privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening or hateful; (ii) you will not upload, post, reproduce or distribute any information, software or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (iii) you will not collect or store personal data about other users; (iv) you will not use the Website or Services for any commercial purpose not expressly approved by the Program in writing; (v) you will not upload, post, e-mail or otherwise transmit any advertising or promotional materials, including, without limitation, "junk mail," "surveys," "spam," "chain letters," "pyramid schemes," or any other form of solicitation or unauthorized communication; and (vi) you will not upload, post, e-mail or otherwise transmit any material that contains viruses or any other computer code, files or programs which might interrupt, limit or interfere with the functionality of any computer software or hardware or telecommunications equipment.

Use of the Service does not create a partnership, agency, joint venue or any employee-employer relationship between you and the Program or its service providers.

4. OWNERSHIP OF CONTENT.
All of the information and content on this Website ("Content") is owned or licensed by the Program, and is protected by worldwide copyright laws and treaty provisions, unless otherwise indicated. You may make and use printouts of the Content for your personal, non-commercial use only, provided that the printouts retain all copyright, trademark and other proprietary notices. The use of the Content on any other website or in a networked computer environment for any purpose, or any other republication or redistribution of the Content, including, without limitation, framing the Content within another website, is expressly prohibited without the prior written permission of the Program.

The Program retains all right, title and interest worldwide in and to any trademarks, service marks and trade names that appear in the Content. Except when included in any authorized printouts of the Content, you are not authorized to make any other use of such marks or trade names, including, but not limited to, as metatags or in any other fashion which may create a false or misleading impression of affiliation or sponsorship with or by the Program or any of its service providers.

5. ONLINE ACCOUNT TRANSACTIONS; CONSENT; SOFTWARE & HARDWARE REQUIREMENTS.
Your use of the Services indicates your consent to conduct certain transactions relating to your Account(s) in the Program electronically and constitutes consent to the terms and conditions of this Agreement.

You agree that you shall be solely responsible for any information entered by you and all transaction and Account maintenance requests transmitted electronically via the Website as a result of access gained by means of your User Codes. You agree that you are alone responsible for all corresponding transactions and Account maintenance changes that are implemented as result of your requests and for all acts or omissions that occur on the Website through the use of your User Codes. You agree that neither the Program nor any of its service providers have any duty to inquire as to the authority or propriety of any instructions given by you or under use of your User Codes. Further, you agree that the Program and its service providers shall be entitled to act upon any such instructions.

You agree that the Program and its service providers shall not be deemed to have received any transaction or Account maintenance request electronically transmitted by you until it has been received by the Program or its service providers, as applicable. Any acknowledgements or other messages which may appear on your screen upon entry of any transaction or Account maintenance request do not mean that the transaction or Account maintenance request has been received, accepted or rejected. Such acknowledgements are only an indication that the transactional or Account maintenance request entered by you has either been transmitted to the Program or its service providers, or that it cannot be transmitted.

By requesting a transaction or Account maintenance request online, you agree that you are authorized to do so and that you are of legal age and capacity to do so. TRANSACTIONS AND ACCOUNT MAINTENANCE REQUESTS SUBMITTED VIA THIS WEBSITE ARE SUBJECT TO ALL REQUIREMENTS, RESTRICTIONS AND FEES AS SET FORTH IN THE DISCLOSURE BOOKLET AND FORMS.

You agree to accept all communications from the Program or its service providers regarding use of the Services or Website at the most recent addresses you have provided. Please promptly update any changes to your address information. The Program and its service providers are entitled to rely on the e-mail address and mail address that you last provided. You agree to waive all claims resulting from failure to receive communications because of changes in your e-mail or mail address that you have not reported to the Program or its service providers.

6. OFFICIAL STATEMENTS; ERROR NOTIFICATION.
Account data provided through the Website is generally updated as of the prior business day's close of business. This information is subject to adjustment and correction.

You agree to be solely responsible for the monitoring of your Account(s). You are responsible for reviewing all statements received by you in order to verify the accuracy of all Account information provided in the statement and all requests entered through this Website. You are also responsible for promptly notifying the Program of any errors or inaccuracies relating to information contained in, or omitted from your Account statements and confirmations including errors or inaccuracies arising from the transactions or Account changes implemented in response to your requests entered through the Website.

In addition, you agree to immediately notify the Program if any of your User Codes are lost or stolen, if there is unauthorized use of a User Code or if there is any other type of discrepancy or suspicious or unexplained occurrence relating to the Services or your Account.

All notifications to the Program pertaining to this Agreement shall be directed to:
Future Scholar 529 College Savings Plan
PO Box 219812
Kansas City, MO 64121-9812

If you fail to notify the Program when any of the above conditions occur neither the Program, its service providers nor their officers, directors, trustees, employees, agents, affiliates, subsidiaries, or parents, nor any third parties, can or will have any responsibility or liability to you or to any other person whose claim may arise through you for any claims with respect to the handling, mishandling, or loss of any transaction or Account maintenance request or with respect to the Services.

7. SECURITY.
Use of the Services requires the use of the Internet, wireless or related electronic or similar services to transport data or communications outside of the control of the Program and its service providers. You understand and agree that electronic (including wired and wireless) communications through the Website may not be encrypted. You acknowledge that such communications are inherently insecure and the Program and its service providers disclaim any liability for interception of any such data or communications.

8. E-MAIL.
Certain portions of this Website may offer you the ability to E-mail a message to the Program E-mail functionality, if any, is provided to you to facilitate communications between you and the Program. The Program and its service providers specifically disclaim any warranty of security for an E-mail transmitted to the Program whether sent while visiting this site or otherwise. You agree, however, that you will not use E-mail to request, order or instruct the purchase or redemption of any interest in the Program or other product, or any service, to change your address or other Account information, to change your User Codes, to transmit bank information, to send transfer instructions, or to engage in any other financial transactions or Account maintenance requests. Any such requests, orders, or instructions that you send to the Program by E-mail will not be accepted or processed. The Program and its service providers shall have no liability for any loss or damage that arises from unaccepted requests, orders or instructions submitted via E-mail. Moreover, the Program and its service providers shall have no liability for any loss or damage that results from interception and/or unauthorized use by third parties of any information you send by E-mail. For information regarding the Program's use of your E-mail address, please review the Program's Privacy Policy.

9. MODIFICATION & TERMINATION.
You agree that the Program may, at any time and without notice or consent, modify, change, or discontinue the Services, in whole or in part, or modify or change the Website, in whole or in part. Without limiting the foregoing, you agree that the Program and its service providers may immediately terminate its provision of the Services to you if you breach this Agreement, if you have jeopardized the proper and efficient operation of the Services, or if you engage in activity which is contrary to the Program's or its service providers’ policies. Any unauthorized use of the Services, whatsoever, shall result in automatic termination of this Agreement, meaning you will no longer be able to access your Account information, or request transactions or Account maintenance changes.

Any material modification, change or notification of termination of the Services will be posted by the Program on the Website.

10. LIMITATION OF LIABILITY & DISCLAIMER OF WARRANTIES.
You expressly acknowledge and agree that the use of any information, including, without limitation, transaction and Account maintenance activity, account balances, and any other information available through use of the Services is at your sole risk and responsibility.

You agree that neither the Program nor its service providers working with the Program to provide the Services shall be responsible for any damages, injury or loss that may result from the use of, or the inability to use, the Website or the Services.

Neither the Program, any of its service providers nor any of their affiliates, directors, officers and employees, nor any other party involved in creating, producing or delivering the Services or the Website shall be liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, the Services or the Website or the operation of the Services or the Website or the failure of, or the inability to use, the Services or Website. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Your acceptance of this limitation of liability is an essential term of this Agreement and you acknowledge that the Program would not grant access to the Website without your agreement to this term. Further, you agree that the Program and its service providers will not be liable for any loss, cost, expense or other liability arising out of any instructions or requests described in Section 6 of this Agreement.

THE SERVICES AND THE WEBSITE ARE PROVIDED TO YOU ON AN “AS IS” OR “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. THE AND ITS SERVICE PROVIDERS DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SERVICES AND THE WEBSITE WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE AND ITS SERVICE PROVIDERS DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (A) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (B) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (C) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICES, (D) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, TIMELINESS OR COMPLETENESS OF DATA OR INFORMATION MADE AVAILABLE THROUGH THE SERVICES OR THE WEBSITE AND WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY THE OR ANY THIRD PARTY. FURTHER, THERE IS NO WARRANTY THAT THE SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER ELECTRONIC SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

The Program and its service providers shall not be responsible for, and makes no warranties regarding, the access, speed or availability of the Services or the accuracy, completeness, sequencing or timeliness of the information provided through the Website. You acknowledge that at times the Website may be inaccessible or its transaction features may be unavailable.

The Program and its service providers reserve the right to block access to this Website for any reason, including but not limited to: backing up the system; maintaining or restoring security to the Website if the Program or its service providers believe your User Codes have been or may be obtained or are being used or may be used by an unauthorized person(s); and maintaining the general security and/or integrity of your Account(s), or the Program's or its service providers’ data and/or systems.

11. INDEMNIFICATION.
You agree to indemnify and hold harmless the Program, its service providers and their affiliates and assigns and the officers, directors, employees, agents and representatives of each against all claims, losses, liabilities, damages or costs and expenses, including reasonable attorneys' fees, arising out of this Agreement or from your use of or access to the Services or Website or inability to use or access the Services or Website.. If you permit access to your User Codes by third parties, then you agree to defend, indemnify and hold the Program and its service providers harmless against all claims, losses, liabilities, damages or costs and expenses, including reasonable attorneys' fees arising out of, or resulting from, such access and related use of the Website or the Services

12. OTHER AGREEMENTS.
You agree that the terms of this Agreement are supplemental to and shall not void or modify the terms and conditions of any other agreement that you have entered into or may enter into in the future relating to the Program, and that the terms and conditions set forth in any such other agreement shall remain in full force and effect and shall take precedence over this Agreement in the event of an inconsistency.

13. APPLICABLE LAW.
This Agreement is governed by the laws of the State of New York without giving effect to conflicts of laws principles. You agree to submit to the jurisdiction of the State of New York for purposes of all legal proceedings arising out of this Agreement. You hereby irrevocably waive any and all rights to trial by jury in any legal proceeding arising out of this Agreement.

14. SEVERABILITY.
Should any provision of this Agreement be held by a court of law to be illegal, invalid or unenforceable, the legality, validity, and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby. The failure of any party to enforce any of the terms or conditions of this Agreement, unless waived in writing, shall not constitute a waiver of that party's right to enforce each and every term and condition of this Agreement.

15. CONFIDENTIALITY.
You agree that all nonpublic information that you may gain access to regarding the Services or the Website, and other Program-related content or services will be considered the Program's confidential information, and you agree to not use or disclose such confidential information except as necessary to carry out the objectives of these Terms.

16. COOKIES.
The Website may offer you the opportunity to personalize your online experience. While certain personalization features can provide a more convenient way to access the data and features most relevant to you, be aware that "cookies" and other similar identification techniques are used to associate you with the computer or electronic device that you are using. If you access the Website from a public location or if you otherwise share a computer or electronic device, some personalization features could reveal non-public personal information about you to others. You alone are responsible for deciding whether a particular personalization feature is appropriate for you and for any consequences that result from your decision.

17. THIRD PARTIES.
The Program and its service providers may use third parties to assist in providing the Services and the Website with or without notice to you (each, a "Third Party”). The Program and its service providers may also change Third Parties or may itself provide a Service without the assistance of a Third Party. You consent and authorize the Program and its service providers to delegate the authorizations you provide under this Agreement to the Third Parties as the Program and its service providers deem necessary or desirable to provide the applicable Service to you. You agree that the terms and conditions of this Agreement, including the conditions, warranty disclaimers and liability provisions herein, inure to the benefit of the Third Parties and that the Third Parties are deemed to be third party beneficiaries of this Agreement. You also agree that all references to the Program and its service providers within this Agreement are deemed to include, where applicable, the Third Parties. To protect the privacy and security of your personal information, the Third Parties will only be authorized to use or maintain your personal information in accordance with the Program's privacy policy.