Terms of Service

Last Revised 7/11/2013


These Terms of Service (“Terms of Service”) are entered into by and between Voya Financial Advisors, Inc, (together with its affiliates, “Voya”) and you, the individual accessing this web site (“You”). These Terms of Service set forth the terms and conditions governing Your access to and use of this web site and the services made available via the web site (the “Site”). By clicking “I Accept” using the link below You agree to these Terms of Service.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY USING ALL OR ANY PORTION OF THE SITE OR THE SERVICE, YOU ACCEPT ALL THE TERMS AND CONDITIONS SET FORTH IN THESE TERMS OF SERVICE, INCLUDING, WITHOUT LIMITATION, THE PROVISIONS UNDER THE HEADINGS “CONTENT AND LIABILITY DISCLAIMER” AND “LIMITATION ON LIABILITY AND DAMAGES” BELOW. YOU AGREE THAT THESE TERMS OF SERVICE ARE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. THESE TERMS OF SERVICE ARE ENFORCEABLE AGAINST YOU. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, YOU MAY NOT USE THE SITE OR THE SERVICE.

You acknowledge that, from time to time, You may be required to agree to additional terms and conditions as a condition to continued use of the Site. You further acknowledge that we may change these Terms of Service from time to time, but we will obtain Your agreement to such changed terms and conditions by presenting revised Terms of Service to You for acceptance. If You refuse to accept the revised Terms of Service, Your access to and use of the Site will be terminated immediately.

Privilege to Access and Use the Site

Subject to these Terms of Service, You may access and use those aspects of the Site made available to You. You shall not: You understand, acknowledge and agree that:
Account Aggregation Service (referred to as “Connections”)

The Site currently provides an account aggregation function called “Connections” that allows You to view, in a single location on the 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 Vault

The Site currently includes functionality referred to as the Vault which allows You to store and retrieve documents on the Site. To add a document to the Vault, You 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 You may have access. The Advisor is responsible for uploading the document to the Vault and organizing Your documents in the Vault into separate electronic “folders.” You understand and agree that You will have “view only” access to materials in the Vault that the Advisor has added and that any addition, deletion, modification or organization of Your documents in the Vault must be processed through the Advisor.

You understand and agree that:
Submissions

We shall be free to use, for any purpose, anywhere and in any format, any ideas, concepts, know-how or techniques that may be provided through this Site. You are advised that Voya does not want You to provide, and prohibits You from providing, any information or materials to Voya that are defamatory, threatening, obscene, harassing, or otherwise unlawful or offensive, or that incorporate the proprietary material of another without authority.

Alliance Partners

In addition to the user roles of You and Advisor, the Site also provides a user role that allows other service providers to You, such as Your banker, accountant or attorney (known as "Alliance Partners"), to access and view all of the information stored by the Site in relation to You. For example, the Alliance Partner role allows You to direct the Advisor to permit Your family lawyer access to Your information store on the Site to assist with estate planning and other needs.

You understand and agree that:
Other Terms and Conditions

You may terminate use of the Site at any time by contacting Your Advisor. Once You have terminated use of the Site, You will have no further access to the Site and all documents retained in the document storage service will be deleted.

Voya may modify or discontinue offering the Site at any time, with or without notice, for any reason or no reason.

Voya Companies

The Voya family of companies comprises a broad spectrum of companies, many of them operating under their own brand names. Many Voya companies have their own sites on the Internet. Information about specific Voya companies and their products and services, and limitations and restrictions on products and services, may be found on this site or on such company's own site, WAP or mobile application, if any. Those additional legal notices, terms and conditions apply with regard to the matters specifically addressed by them.

Trademarks, Service Marks, and Logos

The trademarks, service marks, logos, URLs and domain names, registered or not, including without limitation "Voya", ("Marks") appearing on the Site, and any Voya company's site, are the property of Voya companies and other parties. You may not use, copy, download, display, transmit or modify any Mark in any way without the prior written consent of the owner of such Mark. You may not include the Voya name, any Mark or any variation of the foregoing, as a metatag, hidden textual element, or any other indicator that may create an impression of affiliation, sponsorship, endorsement or any other relationship between this Voya or any Voya company and any other site, person, entity or organization.

Links

From time to time, we may provide links to web sites and include embedded videos that are not operated or hosted by Voya or any of its technology vendors. Such links are for Your convenience only and do not imply any affiliation with, or an endorsement, authorization, sponsorship or promotion of the non-Voya site or its owner. Voya does not control or review any link, and accepts no responsibility for the content, products or services provided at these linked sites. If You decide to access these sites, You do so solely at Your own risk and You should be aware that these sites are governed by their own terms and conditions and privacy policies.

Content and Liability Disclaimer

No warranty. Our intent is to provide accurate and up to date content on this Site; however, that is not always possible. THEREFORE, ALL CONTENT, SERVICES AND FUNCTIONS ON THIS SITE, OR ANY OTHER SITE LINKED TO THIS SITE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Some jurisdictions do not allow the exclusion of certain implied warranties in which event any required warranty applies to the minimum extent legally required.

Content is provided for informational purposes only and should not be relied on. Although the information on this Site may include statements on various life events and financial, legal or tax concerns, it is provided for informational purposes only, and is not intended and should not be relied upon as legal, tax or personalized advice. Voya does not warrant or make any representations regarding the suitability, usefulness or expected results of the Content, services, products or functions, including tools such as calculators, provided on this Site or any linked site. You should not rely solely upon this information in making any decisions, including any decision to buy a product or service from an Voya company or any other company. You should consult Your financial professional and legal and/or tax advisor for advice about the appropriateness of products and services for You, and the effect of state and federal law on the products, services or issues discussed on this Site, or of federal income taxes or any other taxes on amounts held or paid out under any financial products described.

Content may contain inaccuracies or errors and may change.

No warranty or representation is made that the information on this Site is complete, accurate, up-to-date or error-free or that known defects will be corrected. Content, services, products or functions available at this Site may be changed or updated at any time without notice; but Voya has no obligation to update this Site so information may be out-of-date at any given time.

Access and Availability

No warranty or representation is made that this Site or any part or function thereof, including without limitation any transactional function, will be available and not subject to interruption at any time.

Disabling devices: No warranty or representation is made that any content, service, product or function, including without limitation any downloadable files, available at this Site or any linked site is free of a computer virus, malware or other destructive or harmful program, software, code or device which may erase, scramble, lock or disable any computer software, content or equipment or may prevent users from using a site or any other item of hardware or software. You should routinely scan Your system and downloaded files for such disabling devices.

Third Party Content

From time to time Voya may provide information at this Site supplied by third parties. Any opinions, advice, statement, services, offers, or other information expressed or made available by a third party, are those of such third party and not Voya. Voya does not independently verify the information provided by third parties, does not guarantee the accuracy, completeness, timeliness or correct sequencing of such information, and assumes no responsibility for Content displayed on this Site that may be provided by another party.

Limitation on Liability and Damages

IN NO EVENT WILL VOYA BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTIONS, LOSS OF PROGRAMS OR DATA ON YOUR EQUIPMENT, OR OTHERWISE, EVEN IF WE OR ANY OF OUR REPRESENTATIVES ARE EXPRESSLY ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES, ARISING OUT OF OR RELATED TO ANY USE OF OR INABILITY TO USE THIS SITE OR SERVICE, OR ANY LINKED SITE, INCLUDING, WITHOUT LIMITATION, USE OF OR RELIANCE ON INFORMATION, INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETION OF FILES, DISABLING DEVICES, DELAYS IN OPERATION OR TRANSMISSION, NONDELIVERY OF INFORMATION, THEFT, UNAUTHORIZED ACCESS, DISCLOSURES OF COMMUNICATIONS, OR ANY FAILURE OF PERFORMANCE. Some jurisdictions do not allow limitation or exclusion of certain liabilities or damages in which event in such jurisdiction the foregoing shall apply to the maximum extent allowed by law. You are responsible for the entire cost of all servicing, repair or correction of Your property or operations, including without limitation Your computer, network, software or any device, required as a result of or related to using this Site. In no event shall Voya's total liability to You for damages, losses and causes of action of any kind - whether in contract, tort (including, but not limited to, negligence), strict liability or otherwise - exceed the amount paid by You, if any, for accessing this Site.

Privacy

We are committed to protecting the privacy and confidentiality of Your personal information. To review the Voya Privacy Promise of the Voya companies offering insurance, securities and related financial products and services in the United States, click here. When You visit and navigate this Site and when You communicate with us via this Site, we will not collect personal information about You unless You provide us that information voluntarily. You should be aware that when You visit and interact with this Site, Voya and third parties with whom Voya has contracted to provide services to Voya may collect technical, navigational and other non-personally identifiable information (such as a catalog of the site pages You visit) from cookies, referrers, IP addresses, environmental variables, pixel tags and similar technologies and information You voluntarily provide, as further described below.

a. Cookies. Voya and our service providers may use encrypted or non-encrypted cookies in connection with this Site. Cookies are pieces of information that a web site places in a file on Your computer associated with Your browser that may be used to deliver content specific to Your interests and for other purposes, such as security and other account administrative functions. This information is processed passively by Your browser as You surf through this Site. Cookies do not cause damage to Your computer systems or files. If You do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows You to automatically decline cookies, or to be given the choice of declining or accepting the transfer of a particular cookie, or cookies from a particular web site, to Your computer. For example, cookies allow You to easily log into the Site by remembering Your email address. To learn more about this technology, or to opt out of the ad serving cookie, please visit www.networkadvertising.org/optout_nonppii.asp.

b. Referrers; IP Addresses; Environmental Variables. Voya and our service providers may also collect "referrers" information, IP addresses and various environmental variables.
c. Pixel Tags. Voya and our service providers may also use so-called "pixel tags," "web beacons," "clear GIFs" or similar means (collectively, "Pixel Tags") in connection with some Site pages and HTML-formatted email messages to, among other things, compile aggregate statistics about Site usage, response rates and the effectiveness of advertising campaigns. A Pixel Tag is an electronic image, often a single pixel (1x1), that is ordinarily not visible to Site visitors and may be associated with cookies on the visitors’ hard drives. Pixel Tags allow us to count users who have visited certain pages of the Site, to deliver branded services, and to help determine the effectiveness of promotional or advertising campaigns. When used in HTML-formatted email messages, Pixel Tags can tell the sender whether and when the email has been opened.

d. Information You Voluntarily Provide.

We will ask You to provide information about Yourself, Your family and Your finances in order to provide the services available through the Site and for business, regulatory and servicing purposes. In addition, the agent or registered representative with whom You work to obtain Voya financial products and services may use the personal information about You in his or her own files to advise You of other products or to help You with Your overall financial strategy. You always own Your information. You can find out more by reviewing the Voya Privacy Promise at www.voya.com.

We may also collect demographic data, such as Your date of birth, gender and zip code. When such data is not combined with any personally identifiable information ("PII"), such information is considered to be non-personally identifiable, as it does not personally identify You or any other user. Additionally, we may aggregate PII in a manner such that the end-product does not personally identify You or any other user of the Site, for example, by using PII to display content according to Your zip code. Such aggregate information is considered non-personally identifiable.

Because non-personally identifiable information does not personally identify You, we may use such information for any purpose. For example, we may use this information for Voya's internal use such as to enhance web site security, to detect broad demographic trends, to assist Voya in providing content tailored to Your interests, and to otherwise enhance Your experience on this Site. This information may also be shared with third parties on an aggregate and non-personally identifiable basis.

Please note that in certain areas of this Site there may be additional information concerning the privacy practices applicable to the use of that area. You should also be aware that many Voya companies have their own sites to which we may provide a link. These sites may have different privacy policies and practices which You should review prior to using such sites.

Monitoring Use

Voya reserves the right to monitor any and all use of this Site in its discretion. However, unless required by law, we do not have any obligation to You to conduct such monitoring or to take any action based on any monitoring we may conduct.

Security

You should be aware that in general information sent through the Internet is not secure. Email services that may be provided through this Site generally are not encrypted and do not provide a secure and private means of communication with us. Certain services offered on this Site do provide a secure means to communicate with us, (this is indicated by an icon that appears on Your screen when You are using such a service). For certain types of communications through this Site, we may require the use of encryption technologies provided for Your protection and/or require You to use user identification information ("UserID") and passwords. You are responsible for the confidentiality and use of Your UserID, password, social security number and account number. If You become aware of any loss, theft or unauthorized use of Your UserID, password, social security number or account number, immediately notify us. While we may provide those technologies and use other reasonable precautions to protect confidential information and provide suitable security, we cannot guarantee that information transmitted through the Internet is secure, or that such transmissions will be free from delay, interruption, interception or error. Please be aware that although passwords or other security protections may be in use, Voya reserves the right to monitor any and all transmissions, stored messages and routine backup copies of communications to ensure appropriate system usage.

Changing Your Information

With respect to account aggregation information, just log into the system and make whatever changes and deletions You desire to the accounts You have established. All other information can only be changed or removed through Your Advisor. Please contact Your Advisor if You want to change or remove information concerning You that is stored in the databases for this Site.

Miscellaneous Governing Law

The laws of the State of New York govern these Terms and Conditions, without regard to conflict of laws provisions. If You take legal action relating to these Terms and Conditions or arising out of or relating to Your use of the Site, You agree to file such action only in New York and You consent to submit to the personal jurisdiction of the state and federal courts of New York for the purposes of pursuing any such action. Any cause of action You may have with arising out of or related to Your use of this Site must be commenced within one (1) year after the cause of action arises. Voya reserves the right to seek all remedies available at law and equity for violations of these Terms and Conditions, as well as the right to restrict access to this Site or any portion of it. Voya does not represent that the information on this Site is appropriate or available for use in other locations, and access from certain locations may be strictly prohibited. Those who access this site do so on their own initiative and are responsible for compliance with all applicable local laws.

Entire Agreement

These Terms of Service represent the entire agreement between You and Voya relating to the subject matter herein. If any provision of these terms is deemed unlawful, void or for any reason unenforceable, then that provision will be deemed severed from these terms and will not affect the validity and enforceability of the remaining provisions.

Forward Looking Statements

Certain statements contained herein are statements of future expectations and other forward-looking statements that are based on management's current view and assumptions and involve known and unknown risks and uncertainties that could cause actual results, performance or events to differ materially from those expressed or implied in such statements. Actual results, performance or events may differ materially from those in such statements due to, without limitation (i) general economic conditions, including in particular economic conditions in Voya's core markets, (ii) performance of financial markets, including emerging markets, (iii) the frequency and severity of insured loss events, (iv) mortality and morbidity levels and trends, (v) persistency levels, (vi) interest rate levels, (vii) currency exchange rates, including the Euro - U.S. Dollar exchange rate, (viii) increasing levels of competition, (ix) changes in laws and regulations, including monetary convergence and the European Monetary Union, (x) changes in the policies of central banks and/or foreign governments, and (xi) general competitive factors, in each case on a global, regional and/or national basis. Voya does not undertake any obligation to correct or update any forward-looking statements on this Site.