This Terms of Service (this "Agreement") is made by and between MML Investors Services, LLC (”MMLIS”), and you as the consumer customer ("Consumer" or “you”) of this website. This Agreement sets forth the general terms and conditions of your access to and use of this website and the services provided therein (the "Service"). Once you accept by clicking "I Accept" on the Consumer Site (as defined below), you agree to all of the terms and conditions of this Agreement.
You acknowledge that, as the Service changes, you may be required to agree to additional terms and conditions as a condition to continued use of the Service. You further acknowledge that MMLIS may change the terms and conditions applicable to use of the Service, but MMLIS will obtain your agreement to such changed terms and conditions by presenting a revised Terms of Service to you for acceptance. If you refuse to accept the revised Terms of Service, MMLIS has the right to immediately terminate your 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, you may access and use those aspects of the Service intended for access and use by consumers (the "Consumer Site"). You 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.
You understand, acknowledge and agree that:
Your financial advisor at MMLIS (“Advisor”) has authorized you to access and use the Consumer Site. Your Advisor may at any time, in his, her or its sole discretion, terminate such authorization. Upon notification that your Advisor has terminated authorization for your use of the Consumer Site, MMLIS will immediately terminate your access and use of the Service without notice.
The Consumer Site is not a replacement for account statements provided by custodians of your financial accounts. It is important to compare the information on the Consumer Site with the statements you receive from the custodian(s) for your account(s).
MMLIS retains the right to establish practices and/or limits in connection with the Services, including but not limited to establishing maximum disk space allotted to your information and documents stored on the website servers.
The Consumer Site is provided solely as a convenience to you.
Neither MMLIS nor the Consumer Site provides any advice regarding insurance or securities or financial planning or any other financial product or advice.
As between you and MMLIS, you are solely responsible for all financial decisions and financial planning made by you and/or your Advisor, whether made in connection with use of the Service or otherwise.
MMLIS is not responsible for and shall not be held liable for any advice given or recommendations made by your Advisor with respect to any financial, insurance, planning or other matter, regardless of whether you relied on such advice or the Service.
MMLIS does not guarantee or warrant that any part of the Service is free of viruses or other harmful code. You must take appropriate precautions, such as use of an anti-virus software package, to protect your computer hardware and software.
You are responsible for obtaining your 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.
You shall be solely responsible for safeguarding your login credentials such as User Name and Password. You must immediately notify your Advisor if your login credentials are compromised. MMLIS has no liability for any loss, claim, or other damages that result from unreported, unauthorized use of your log on credentials.
Account Aggregation Service (referred to as "Connections")
The Service currently provides an account aggregation function that allows you to view, in a single location on the Consumer Site, consolidated financial information from such accounts that you maintain at various financial institutions as you may designate from time to time ("Outside Accounts").
To use the account aggregate function, you understand and agree that:
The function is not available for all types of accounts and/or for all financial institutions. As such, MMLIS's only obligation is to make available to you the ability to aggregate such types of accounts at such financial institutions as may then be available on the Service in MMLIS's sole discretion.
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. MMLIS has no control over this situation and has no obligation to restore the availability of the Outside Account on the Consumer Site.
You are responsible for designating the Outside Accounts which you desire to aggregate.
For each available Outside Account that you desire to aggregate on the Consumer Site, you must provide MMLIS's third party aggregation vendor with the necessary login credentials to access the Outside Account, such as username and password. You will provide this information through such function and process as MMLIS may determine from time to time.
MMLIS 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.
You grant MMLIS 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 you and your Advisor and to any other person that you designate to have access to the Service or the Consumer Site.
For each Outside Account designated for aggregation, you represent and warrant to MMLIS that (1) you are the legal owner of the account; (2) you have the right to disclose your login credentials for such Outside Account; and (3) you have the right to grant MMLIS the foregoing authorization.
MMLIS is not responsible for any acts, errors, or omissions by the financial institutions at which you maintain an Outside Account, or for the accuracy of the information provided by such institutions.
MMLIS may terminate the account aggregation function at any time without notice to you.
The Service currently provides a service known as the Vault which allows you to store and retrieve documents on the Consumer Site. To add a document to the Vault, you may either upload a document or provide a copy of the document to your Advisor. You understand and agree that you will have "view only" access to materials in the Vault that your Advisor has added and that any addition, deletion, modification or organization of your documents in the Vault must be processed through your Advisor.
You understand and agree that:
For each document stored in the Vault, you represent and warrant to MMLIS that you lawfully possess such document and have the authority to have the document uploaded, stored and made retrievable to and from the Vault.
You are solely responsible for the content of any document that you provide for inclusion in the Vault. You agree not to use the Vault to store any document or information that is unlawful, offensive, indecent, or otherwise actionable by any third party.
MMLIS is not responsible for any use or dissemination of your documents by any third parties to whom you or your Advisor grants authorization to view your documents.
The document storage function is provided to you as a convenience and may be terminated by MMLIS at any time.
The documents retained in the document storage service should not be your sole copy of such documents.
You are responsible for retaining originals of the documents that you choose 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 of your service providers, such as your banker, accountant or attorney (known as "Alliance Partners"), to access and view all of the information stored by the Service in relation to you. For example, the Alliance Partner role allows you to direct your Advisor to permit your family lawyer access to your information in the Service to assist with estate planning and other needs.
You understand and agree that:
Alliance Partner usage is arranged solely through your Advisor including the creation and assignment of the Alliance Partner's login credentials. Therefore, it is the responsibility of you and your Advisor to determine whether and for how long to allow any Alliance Partner to access your information.
Unless and until you or your Advisor revokes the access privileges of an Alliance Partner, you hereby consent to MMLIS allowing such Alliance Partner to access and view any and all of your information stored in the Service.
MMLIS shall not be liable for any act or omission on the part of your Advisor in relation to Alliance Partners or any act or omission of the Alliance Partner.
The Alliance Partner function is provided to you as a convenience and may be terminated by MMLIS at any time.
Important Information About Your Advisor
Your representative may be acting as a registered representative and/or an investment advisor representative of MML Investors Services, LLC (“MMLIS”) or an insurance agent of Massachusetts Mutual Life Insurance Company (“MassMutual”). MMLIS and MassMutual are affiliates. If you are receiving this report as part of your financial plan, your representative is acting as a financial planner with MMLIS. Please refer to the Financial Planning ADV Brochure and the Client Agreement that you signed with your planner for additional disclosures and information.
Because your representative may be acting in multiple capacities, it is important for you to understand the capacity that he or she is acting in at each point in time. If you are not sure of your representative’s role, please ask him or her to explain it.
Should you choose to purchase products through MMLIS, you will be working with your financial services professional in his or her capacity as a registered representative of a broker/dealer or as a financial planner/investment adviser representative of an investment adviser. Such registered representative will be acting in a sales capacity and as such may recommend specific investment, risk protection and/or other financial products through which your financial goals or plan can be implemented. You are under no obligation to purchase any products or additional services through or from MMLIS or its affiliates. However, if you do, this may result in the payment of additional compensation to your investment adviser representative, financial planner, registered representative, or MMLIS and its affiliates.
Information About Reports
A. Assumptions and Client Provided Data
Any reports provided on this website are based in large part on information that you have supplied and may include your age, tolerance for risk, income, assets, liabilities, anticipated and actual expenses, financial goals and desired retirement age. The usefulness of reports will depend on the accuracy and completeness of the information you have provided. Any inaccurate data provided by you may invalidate the results, wholly or in part. Your Advisor will not independently verify any information provided.
Any reports provided are not an account statement with MMLIS or any other third party financial institution. While every effort has been made to provide you with correct information, MMLIS cannot be responsible for the timeliness or accuracy of the information received from third parties. Data contained on this website should not be relied upon for the computation of taxes or to make investment decisions related to purchasing, selling or holding any particular security or product. Always contact the appropriate financial institution directly for the most up-to-date account values.
Financial models that project possible investment outcomes are hypothetical in nature, as they are based on historical return data. Past performance is not a guarantee or predictor of future performance. Changes in market conditions or economic conditions can cause investment returns in the future to be much lower or even negative for all or some of your asset categories. The rates of return used in reports may be based on numbers that you have selected or an assumed rate, as noted. There is, of course, no guarantee that any assumed rates of return will be the actual rates you will achieve. The assumed rates do not take into account any advisory fees, brokerage or other commissions, or any other expenses, which if taken into account, would reduce your actual returns.
B. Asset Allocation
The asset allocation model portfolios and asset allocation questionnaire contained on the website have been developed by an independent third party and are used with permission by MMLIS.
The asset allocation model portfolios and their investment objectives are defined as follows:
Income (Conservative): The primary investment objective for this portfolio is to preserve portfolio asset values and produce current income (dividends and interest).
Income and Growth (Moderately Conservative): The primary investment objective for this portfolio is to produce current income (dividends and interest).
Growth and Income (Moderate): The primary investment objectives for this portfolio include both moderate long-term growth of capital and moderate generation of current income (dividends and interest)
Growth (Moderately Aggressive): The primary investment objectives for this portfolio include both long-term growth of capital and modest generation of current income (dividends and interest).
Aggressive Growth (Aggressive): The primary objective for this portfolio is long term growth of capital.
While diversification through an asset allocation strategy is a useful technique that can help to manage overall portfolio risk and volatility, there is no certainty or assurance that a diversified portfolio will enhance overall return or outperform one that is not diversified. An investment made according to one of these asset allocation models neither guarantees a profit nor prevents the possibility of loss.
The Monte Carlo simulation that may be part of this presentation does not utilize historical data for any specific securities. Rather, it uses the historical data for broad asset classes, such as "Small Cap Stocks" and "Long Term Bonds." In order to produce meaningful results, these simulations are processed many times.
By varying the rates of return to simulate the fluctuations that can be experienced in the marketplace, a more accurate reflection of the real-life ups and downs of the investment environment is presented. The results may vary with each use and over time due to the random nature in which the simulations are generated and the regular updating of historical asset class data.
These multiple simulations produce a range of results. These results are then analyzed and probabilities are associated with the outcome. Due to the random nature in which the simulations are generated and the regular updating of historical asset class data, the results may vary over time, even if the underlying assumptions are not changed.
Unless you have entered into a financial planning agreement, the attached report is not considered a financial plan. If you are receiving this as part of your financial plan, please refer to the Part 2A Form ADV Brochure and the Client Agreement for additional details.
C. Tax Considerations
Reports may incorporate a number of assumptions regarding tax rates based upon information provided by you. As tax laws change, so may conclusions reached by the reports. Any discussion of taxes is for general informational purposes only, does not purport to be complete or cover every situation, and should not be construed as legal, tax or accounting advice. You should confer with your qualified legal, tax and accounting professionals, as appropriate.
Neither MMLIS, nor any of its financial planners, agents, advisors, financial service representatives or employees, are authorized or permitted to provide legal, tax or accounting advice in connection with any services they provide. If you need this type of advice, you should consult with your own personal attorneys, accountants, or tax advisors.
D. No Duty to Monitor or Supervise
MMLIS is under no obligation to monitor the implementation of any recommendations included in any reports, monitor your financial or other personal circumstances, or suggest future revisions to any reports.
Other Terms and Conditions
You may terminate use of the Service at any time by contacting your Advisor. Once you have terminated use of the Service, you will have no further access to the Services and all documents retained in the Vault will be deleted.
MMLIS 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 and include embedded videos that are not operated or hosted by MMLIS. MMLIS provides these links and/or videos for your convenience and may be removed at any time. MMLIS does not investigate the quality, accuracy or completeness of any content on third party web sites. You acknowledge and agree that MMLIS is not responsible or liable for any content, advertising, products or other materials on or available from third party web sites or embedded videos. You are responsible for familiarizing yourself with the content of such third party websites and/or embedded videos, including the applicable privacy policies related thereto. For more information on MMLIS’s privacy policies, please see MMLIS’s privacy notice.
THE SERVICE IS FURNISHED "AS IS" AND WITHOUT ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AVAILABILITY OF ALL OR ANY PART OF THE SERVICE, AND FREEDOM FROM ERRORS, VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS.
MMLIS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME.
IF THE FOREGOING DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY IS HELD TO BE UNENFORCEABLE, YOU AGREE THAT MMLIS'S LIABILITY TO YOU, WHETHER IN TORT, CONTRACT OR OTHERWISE, FOR ALL CAUSES SHALL NOT EXCEED IN THE AGGREGATE $500.
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.
III. Our Privacy Notice – MML Investors Services, LLC
At MML Investors Services, LLC we recognize that our relationships with you are based on integrity and trust. As part of that trust relationship, we want you to understand that in order to provide our products and services to you, we must collect, use and share personal information about you. This Privacy Notice describes policies and practices about how we protect, collect and share personal information related to the financial products and services you receive from us. It also describes how you can limit some of that sharing.
We Protect Your Personal Information By:
Using security measures that include physical, electronic and procedural safeguards to protect your personal information from unauthorized access or use in accordance with state and federal requirements.
Training employees to safeguard personal information and restricting access to personal information to those employees who need it to perform their job functions.
Contractually requiring business partners with whom we share your personal information to safeguard it and use it exclusively for the purpose for which it was shared.
Personal Information We May Collect:
The types of personal information we may collect depends on the type of product or service you have with us and may include:
Information that you provide to us on applications or forms, during conversations with us or our representatives, or when you visit our website (for example, your name, address, Social Security number, date of birth, income, and assets).
Information about your transactions with us and our affiliates, including your account balances and transactional history.
Information from third parties such as consumer or other reporting agencies or other institutions if you transfer positions or funds to us.
We May Share All of the Personal Information We Collect, as Described Above, With:
Registered representatives who provide our products and services to you;
Our affiliated companies, such as insurance or investment companies, insurance agencies or broker-dealers that market our products and services to you;
Companies that perform marketing or administrative services for us;
Nonaffiliated companies in order to perform standard business functions on our behalf including those related to processing transactions you request or authorize, or maintaining your account;
Courts and government agencies in response to court orders or legal investigations;
Credit bureaus; and
Other financial institutions with whom we may jointly market products, if permitted in your state.
In addition, we may share certain of your personal information with your registered MML Investors Services, LLC representative, when he or she leaves MML Investors Services, LLC to join another financial institution (whom we call a "departing representative") so that he or she can continue to work with you at his or her new firm.
Important Privacy Choices
MML Investors Services, LLC respects your privacy choices. If you prefer that we do not share your personal information about your accounts held with us with your departing representative, you can opt out of such sharing, that is, you may direct us not to do so. If you wish to opt out of the sharing of your personal information with your departing representative, you may:
Call us at (800) 272-2216
You may make this privacy choice and contact us at any time, however, if we do not hear from you we may share your information with your departing representative as described above. If this is a joint account, if one joint owner tells us not to share information that choice will apply to the other owner or owners. If you have already told us your choice, there is no need to do so again.
Other than as described above, we will only share your personal information as permitted by law and, if the law requires us to obtain your consent or give you the opportunity to opt-out of some types of sharing, we will do so before sharing the information.
For California and Vermont residents, we will not share your personal information with your departing representative unless we receive your express consent.
If you are no longer our customer, we may continue to share your personal information as described in this Privacy Notice.
If you have any questions or concerns about this Privacy Notice, please contact us at (800) 272-2216.