Terms of Service

Last Revised 8/24/2012


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:


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.

Connections

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 Vault

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:


Alliance Partners

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:


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.

No Offer

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 to any action brought under or in connection with this Agreement. The headings used in these terms of use are for convenience only and such headings are not to be used in determining the meaning or interpretation of these terms of use. 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.