This Terms of Service (this "Agreement") is made by and between AXA Advisors, LLC, (“AXA”),
and the consumer customer of this web site ("Consumer"). This Agreement sets forth the general terms
and conditions of Consumer’s access to and use of this web site (the “Service”). By entering his or her
initials and clicking “I Accept”, Consumer agrees to all of the terms and conditions of this Agreement.
This Agreement applies only to your use of the Service and does not apply to any products or services described
on the Service, which may be subject to their own separate terms and conditions. In the event of any conflict
between this Agreement and such separate terms and conditions, such separate terms and conditions shall govern and control.
Consumer acknowledges that, as the Service changes, Consumer may be required to agree to additional terms and
conditions as a condition to continued use of the Service. Consumer further acknowledges that AXA may change
the terms and conditions applicable to use of the Service, but AXA will obtain Consumer’s agreement to such changed
terms and conditions by presenting a revised Terms of Service to Consumer for acceptance. If Consumer refuses to
accept the revised Terms of Service, AXA has the right to immediately terminate Consumer’s access to and use of the Service.
Privilege to Access and Use the Service
During the term of and subject to the terms and conditions of this Agreement, Consumer may access and use
those aspects of the Service intended for access and use by consumers (the “Consumer Site”). Consumer shall
not (1) access or use any aspect of the Service other than the Consumer Site, (2) access or use the Service
for any purposes other than personal use or (3) access or use the Service in any unlawful manner or in violation
of this Agreement.
Consumer understands, acknowledges and agrees that:
The financial advisor of AXA (the “Advisor”) has authorized Consumer to access and use the Consumer Site. The Advisor or AXA may at any time, in their respective sole discretion, terminate such authorization and Consumer’s continued use of the Service.
The Consumer Site is provided solely as a convenience to Consumer.
Neither the Consumer Site nor AXA’s technology vendors provide any advice regarding insurance or securities or any other financial planning or other financial advice.
AXA’s technology vendors are not responsible for and shall not be held liable for any advice given or recommendations made by the Advisor with respect to any financial, insurance, planning or other matter, regardless of whether Consumer relied on such advice or the Service.
AXA does not guarantee or warrant that any part of the Service is free of viruses or other harmful code. Consumer must take appropriate precautions, such as use of an anti-virus software package, to protect his or her computer hardware and software.
Consumer is responsible for obtaining his or her own hardware, software and services (such as computers, web browsers and Internet access service) necessary to access and use the Service and for payment of all fees involved in obtaining such hardware, software and services.
Consumer shall be solely responsible for safeguarding his or her login credentials such as User Name and Password. Consumer must immediately notify the Advisor if his or her login credentials are compromised. Neither AXA nor its technology vendors shall have any liability for any loss, claim, or other damages that result from unreported, unauthorized use of Consumer’s log on credentials.
Information and Services Not Guaranteed
AXA’s technology vendors will attempt to have the Consumer Site available seven days a week during the
hours of operation. AXA will attempt to provide accurate information on it at all times. However, neither
AXA nor its technology vendors guarantee that this Consumer Site will function without interruption or that
all information provided will be accurate or complete. All information is subject to possible correction. Information
provided has been prepared from sources and data AXA believes to be accurate but AXA makes no representation as to
its accuracy or completeness. Because some of the information provided on this Consumer Site is obtained from
other sources and because there are inherent hazards in distributing information electronically, there may be
delays, omissions, or inaccuracies in the contents. Information has been prepared as of the date(s) indicated and
may become unreliable because of subsequent market or economic circumstances. AXA is not under any obligation to
update information or continue to offer information regarding any product or service, including any security or
financial plan described herein.
Accordingly, all information and services provided on this Consumer Site are provided to you on an “as is,”
“as available” basis without warranties of any kind. AXA cannot and does not make any warranties or representations
and, to the fullest extent permitted by applicable law, hereby disclaims with respect to this Consumer Site and
its contents all express, implied and statutory warranties of any kind to you or any third party, including, but
not limited to, representations and warranties regarding accuracy, timeliness, completeness, currentness, title,
noninfringement, merchantability, or fitness for any particular purpose, or any representations or warranties
arising from usage or custom or trade or by operation of law. You acknowledge and agree that AXA is not required
to or continue to make this Consumer Site available to you. All information on this Consumer Site, including,
but not limited to, all text, analyses, reports, articles, graphics, software applications, video and audio files
and photos, trademarks, service marks and trade dress are owned or licensed by us. AXA hereby grants you the limited,
revocable, non-sublicensable right to make and use printouts of this information for the purposes contemplated herein,
provided that the printouts retain all copyright, trademark, and other proprietary notices. Except for the limited use
rights expressly provided in this paragraph, all rights in such information are reserved.
The Service currently provides an account aggregation function called “Connections” that allows Consumer
to view, in a single location on the Consumer Site, consolidated financial information from such accounts
that Consumer maintains at various financial institutions as Consumer may designate from time to time (“Outside Accounts”).
To use the account aggregate function, Consumer understands and agrees that:
The function is not available for all types of accounts and/or for all financial institutions.
Financial institutions change their web sites from time to time. As a result an Outside Account that was available may cease to be available to the Service. Neither AXA nor its technology vendors have any control over this situation and have no obligation to restore the availability of the Outside Account on the Consumer Site.
Consumer is responsible for designating the Outside Accounts whose information Consumer desires to aggregate.
For each available account that Consumer desires to aggregate on the Consumer Site, Consumer must provide AXA’s third party aggregation vendor with the necessary login credentials to access the Outside Account such as username and password. Consumer will provide this information through such function and process as our technology vendors may determine from time to time.
The account aggregation function will access the web site maintained by each third-party financial institution for each Outside Account designated for aggregation in order to retrieve and store the account information within the Outside Account.
Consumer grants AXA and its technology vendors authority, with respect to each Outside Account designated for aggregation, to (1) use the login credentials for such Outside Account in order to access the account information within such Outside Account, (2) retrieve the account information within the Outside Account and (3) store the account information so retrieved and display such information to Consumer and the Advisor.
For each Outside Account designated for aggregation, Consumer represents, warrants and covenants that: (1) Consumer is the legal owner of the account, Consumer has the right to disclose his or her login credentials for such Outside Account and Consumer has the right to grant the foregoing authorization; and (2) Consumer has the necessary licenses, rights, consents, and permissions to provide such information. Consumer agrees to hold AXA harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including, but not limited to, reasonable attorney's fees) arising from a breach of this representation.
Neither AXA nor its technology vendors are responsible for any acts, errors, or omissions by the financial institutions at which Consumer maintains an Outside Account, or for the accuracy of the information provided by such institutions.
AXA may terminate the account aggregation function at any time without notice to Consumer.
The Service currently provides a service known as the Vault which allows Consumer to store and retrieve documents
on the Service. To add a document to the Vault, Consumer must provide a copy of the document to the Advisor if
that document is to be added to a folder contained in the Vault other than a private folder to which the Consumer
may have access. The Advisor is responsible for uploading the document to the Vault and organizing Consumer’s
documents in the Vault into separate electronic “folders.” Consumer understands and agrees that Consumer will
have “view only” access to materials in the Vault that the Advisor has added and that any addition, deletion,
modification or organization of Consumer’s documents in the Vault must be processed through the Advisor.
Consumer understands and agrees that:
For each document stored in the Vault, Consumer represents, warrants and covenants that: (1) Consumer lawfully possesses such document and has the authority to have the document uploaded, stored and made retrievable to and from the Vault; and (2) Consumer is solely responsible for the content of any document that Consumer provides for inclusion in the Vault and that no such document or information that is unlawful, offensive, indecent, or otherwise actionable by any third party. Consumer agrees to hold AXA harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including, but not limited to, reasonable attorney's fees) arising from a breach of this representation.
Neither AXA nor its technology vendors are responsible for any use or dissemination of Consumer’s documents by any third parties to whom Consumer or the Advisor grants authorization to view his or her documents.
The document storage function is provided to Consumer as a convenience.
The documents retained in the document storage service should not be Consumer’s sole copy of such documents.
Consumer is responsible for retaining originals of the documents he or she chooses to store in the Vault.
In addition to the user roles of Advisor and Consumer, the Service also provides a user role that allows other
service providers to Consumer, such as Consumer’s banker, accountant or attorney (known as "Alliance Partners"),
to access and view all of the information stored by the Service in relation to Consumer. For example, the Alliance
Partner role allows Consumer to direct the Advisor to permit Consumer’s family lawyer access to Consumer’s information
in the Service to assist with estate planning and other needs.
Consumer understands and agrees that:
Alliance Partner usage is arranged solely through the Advisor including the creation and assignment of the Alliance Partner’s login credentials. Therefore, it is the responsibility of Consumer and the Advisor to determine whether and for how long to allow any Alliance Partner to access Consumer’s information.
Unless and until the Advisor revokes the access privileges of an Alliance Partner, Consumer hereby consents to allowing such Alliance Partner to access and view any and all of Consumer’s information stored in the Service.
Neither AXA nor any of its technology vendors shall be liable for any act or omission on the part of the Advisor in relation to Alliance Partners or any act or omission of the Alliance Partner, and Consumer agrees to hold AXA harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including, but not limited to, reasonable attorney's fees) arising any act or omission of the Alliance Partner.
The Alliance Partner function is provided to Consumer as a convenience.
Limitation of Liability
AXA will not be liable if you are unable to obtain access to the Consumer Site or information provided is
inaccurate or incomplete. AXA will not be liable for any claim arising out of or relating to the content
of the Consumer Site, including, but not limited to, any decision made or action taken by you in reliance
upon such content, or any loss or injury caused in whole or in part by negligence, interruptions of service,
or by contingencies beyond our control, breaches of security resulting from your failure to ensure the confidentiality
of personal information, breaches of security by third parties, information reported through this Consumer Site
obtained from third parties or for any types of damages, even if advised of the possibility of such damages.
THE SERVICE IS FURNISHED "AS IS" AND WITHOUT ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES INCLUDING,
WITHOUT LIMITATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, AVAILABILITY
OF ALL OR ANY PART OF THE SERVICE, AND FREEDOM FROM ERRORS, VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS.
NEITHER AXA, SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES
EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE OR OTHER TORTIOUS ACTION, SHALL AXA OR ITS EMPLOYEES, AGENTS,
OFFICERS OR DIRECTORS OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, DELIVERING OR MANAGING THIS CONSUMER
SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE
USE OF OR INABILITY TO USE THIS CONSUMER SITE OR OUT OF ANY BREACH OF ANY WARRANTY EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OR LIMITATION OR LIABILITY WILL NOT APPLY TO THE EXTENT THAT
ANY APPLICABLE STATUTE PROHIBITS SUCH EXCLUSION OR LIMITATION OF LIABILITY.
IF THE FOREGOING DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY IS HELD TO BE UNENFORCEABLE,
CONSUMER AGREES THAT AXA’S LIABILITY TO CONSUMER, WHETHER IN TORT, CONTRACT OR OTHERWISE, FOR ALL CAUSES SHALL
NOT EXCEED IN THE AGGREGATE $500.
The Consumer Site is not all-inclusive. Neither the Consumer Site nor any information provided by the
Consumer Site should constitute an offer or solicitation to sell any security or other product or service.
The information provided shall not be solely relied on to make a financial decision about any product or
service. This information is provided without regard to the specific investment objectives, financial
situation and needs of any specific recipient of this information and investments discussed may not be suitable
for all investors. Investors should seek financial advice regarding the suitability of investing in any
securities or following any strategies discussed.
Other Terms and Conditions
Consumer may terminate use of the Service at any time by contacting the Advisor. Once Consumer has
terminated use of the Service, Consumer will have no further access to the Services and all documents
retained in the document storage service will be deleted.
AXA may modify or discontinue offering the Services at any time, with or without notice, for any reason or no reason.
The Service may provide links to web sites not operated by AXA or any of its technology vendors.
AXA provides links to such third party web sites for Consumer’s convenience and may be removed at any time.
AXA does not investigate the quality, accuracy or completeness of any content on third party web sites.
Consumer acknowledges and agrees that AXA is not responsible or liable for any content, advertising, products or
other materials on or available from third party web sites. The fact that AXA has provided a link to another site
does not signify an endorsement of the site or its contents by AXA or constitute a recommendation by AXA of any
security referenced on the site.
If any clause or provision set forth in this Agreement is determined to be illegal, invalid or
unenforceable under present or future law, then the clause or provision so determined to be illegal,
invalid or unenforceable shall be severable without affecting the enforceability of all remaining clauses or provisions.
This Agreement and Consumer’s access to and use of the Service shall be governed by the laws of the United
States of America and the State of New York applicable to contracts entered into by residents of New York
and wholly performed in New York, without regard to conflict of laws. The state courts with jurisdiction
over the Borough of Manhattan,, New York shall have exclusive jurisdiction over any and all claims, disputes or
other controversies relating to or arising from this Agreement or Consumer’s access to or use of the Services.
Consumer hereby expressly consents to the exercise of jurisdiction over Consumer by such courts. To the fullest
extent permitted by applicable law, each party to this Agreement waives its or his right to a jury trial with respect
This Agreement constitutes the entire agreement between Consumer and AXA with respect to the Services and supersedes any
and all other agreements, representations and understandings, whether written or oral. This Agreement may not be modified
or amended by Consumer without the prior written consent of AXA.