Terms of Service

Last Revised 11/10/2006


This Terms of Service (this “Agreement”) is made by and between New York Life Insurance Company (“NYLIC”), NYLIFE Securities LLC (“NYLIFE”) and Eagle Strategies LLC (“Eagle”), 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 the eMoney Wealth Management Solution (the “Service”). By entering his or her initials and clicking “I Accept” on the Consumer Site, Consumer agrees to all of the terms and conditions of this Agreement.

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 NYLIC may change the terms and conditions applicable to use of the Service, but NYLIC 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, NYLIC has the right to immediately terminate Consumer’s access to and use of the Service.

If the consumer is utilizing the Financial Asset Analysis (“FAA”) tool without any securities products (mutual funds, stocks ect) the appropriate party to this Agreement is NYLIC. If the FAA is used with securities products, the party to this Agreement is NYLIFE. For all financial planning products, the party is Eagle. All terms hereinafter that refer to NYLIC should be replaced with either NYLIFE or Eagle to the extent that the services are specific to either NYLIFE or Eagle.

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:

Account Aggregation Service

The Service currently provides an account aggregation function 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 Agent 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 Agent 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 Agent has added and that any addition, deletion, modification or organization of Consumer’s documents in the Vault must be processed through the Agent.

Consumer understands and agrees that:

Alliance Partners

In addition to the user roles of Agent 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 Agent 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:

Other Terms and Conditions

Consumer may terminate use of the Service at any time by contacting the Agent. 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.

NYLIC 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 NYLIC or any of its technology vendors. NYLIC provides links to such third party web sites for Consumer’s convenience and may be removed at any time. NYLIC does not investigate the quality, accuracy or completeness of any content on third party web sites. Consumer acknowledges and agrees that NYLIC is not responsible or liable for any content, advertising, products or other materials on or available from third party web sites.

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.

NYLIC 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, CONSUMER AGREES THAT NYLIC ’S LIABILITY TO CONSUMER, 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.

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 The state courts with jurisdiction over New York, NY 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, together with any other terms, conditions and agreements that may be entered into by Consumer and NYLIC in connection with a specific product or service constitute the entire agreement between Consumer and NYLIC 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 NYLIC.