Authorized Use and User Conduct
Account and Password
When you enroll to be able to use the Portal, you will be issued an account, which will have an assigned username and Password. You are responsible for maintaining the confidentiality of your user name and Password. You are solely responsible for all transactions, communications, and acts or omissions that occur through the use of your user name and Password by you or any person or entity using a Password provided to you, whether or not such access or use has been authorized by you. You agree to ensure that you exit from your account at the end of each session. It is your sole responsibility to control the dissemination and use of your Password, control access to and use of your account. We, nor LMC, are responsible or liable for any loss or damage arising from your failure to comply with this provision. If you believe that someone has accessed your account on the Portal without your authorization, you should immediately contact us using the Contact Us feature on the Portal or by telephone.
Third Party Service Providers
We may use third party service providers (“Third Party Service Providers”) to provide Services with or without notice to you. We may also change Third Party Service Providers from time to time and at any time with or without notice to you. You consent and authorize us to delegate the authorizations you provide to us to Third Party Service Provider(s) as we deem necessary or desirable to provide the Services.
Third-Party Content Providers
The Portal makes information of third parties ("Third Party Content Providers") available to Users. You acknowledge that you understand that the third party content is not created or endorsed by us or LMC. We or LMC may also change Third Party Content Providers from time to time and at any time with or without notice or your consent. You consent and authorize us to delegate the authorizations you provide to us to Third Party Content Provider(s) as we deem necessary or desirable to provide you with access to the content.
Copyrights and Trademarks
The Portal and the Services contain copyrighted works, trademarks and other proprietary material owned by us, LMC, Third-Party Service Providers, or Third-Party Content Providers. We, Third-Party Service Providers, or Third-Party Content Providers, and LMC own, all rights, title and interest in and to the Portal, all the content, data and materials thereon (with the exception of your personal and account information), the look and feel, design and organization of the Portal, and the compilation of the content, data and materials on the Portal, including but not limited to any copyrights, trademark rights, patent rights, and other intellectual property and proprietary rights therein. If no restrictions are displayed, you may download, view and copy the information available from the Portal for non-commercial personal or educational purposes only, provided that each copy includes the copyright, trademark or service mark notices or attributions as they appear on the screens copied. Except as stated above, you may not copy, reproduce, modify, create derivative works, publish, transmit, display, sublicense or distribute material or images from the Portal without our, LMC, Third-Party Service Providers, or Third-Party Content Providers’ express written permission, as applicable. Any commercial distribution, publishing or exploitation of the Portal or the materials on the Portal is strictly prohibited.
No Employee Benefit or Investment Advice
The content and tools that are available on the Portal are for information and education purposes. The Portal may also make available modeling tools relating to investment approaches and general investment guidance. The information and tools available to you on the Portal are not providing legal, tax, investment, financial or other advice. Any economic modeling and forecasting features offered on the Portal are for illustrative purposes only and are not necessarily indicative of future results. The projections resulting from these features are based in part on estimates and assumptions that may or may not come true. There can be no guarantee that your funds or accounts will achieve the results projected. YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. Nothing contained in the Portal or Service constitutes a solicitation, recommendation, endorsement, or offer to buy or sell any securities or other financial instruments. You are solely responsible for any employee benefit or investment decisions that you make based upon your evaluation of the information and use of the Services on the Portal. We, LMC, nor any Third-Party Content Provider will have any responsibility or liability to you based upon your use of the Portal or Services, including without limitation any decisions that you make utilizing the Portal or Services.
No Health Care Advice
Any health-related information contained in the Portal or Services is general in nature and is for educational and informational purposes only. It should not be considered medical advice, diagnosis, or treatment, and is not meant to replace the advice of health care professionals. If you have specific health care related needs or questions, you should consult your physician or other qualified health care provider.
ALTHOUGH WE USE REASONABLE EFFORTS TO PROVIDE ACCURATE AND UP-TO-DATE INFORMATION THROUGH THE PORTAL, NEITHER WE, LMC, NOR ANY THIRD PARTY CONTENT PROVIDER MAKES ANY WARRANTIES OR REPRESENTATIONS AS TO THE AVAILABILITY, ACCURACY, RELIABILITY, UPTIME OR UNINTERRUPTED ACCESS, OR COMPLETENESS OF CONTENT ON THE PORTAL AND ANY SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION CONTAINED ON THE PORTAL AND ANY SERVICE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OR OUR SUBSIDIARY AND PARENT COMPANIES OR THEIR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR ANY THIRD PARTY SERVICE PROVIDERS (COLLECTIVELY, THE "PROTECTED ENTITIES") BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES THAT RESULT DIRECTLY OR INDIRECTLY FROM (1) THE USE OF OR INABILITY TO USE THE PORTAL OR ANY SERVICES, CONTENT, MATERIALS OR FUNCTIONS RELATED THERETO, (2) THE CONSEQUENCES OF ANY DECISION MADE OR ACTION OR NON-ACTION TAKEN BY YOU AS A RESULT OF YOUR USE OF THE PORTAL OR ANY SERVICES, OR (3) ANY OTHER MATTER RELATING TO THE CONTENT, SERVICES, OR DISTRIBUTION OF SERVICES THROUGH THE PORTAL.
Links To Other Web Sites
Protecting Your Information
We utilize reasonable security technologies to protect confidential information. However, the security of this information depends on, among other things, the security of your computer and the network it may be on, the security you use to protect your confidential information, the security provided by your Internet access services provider, the security of the means of transmission of data through the Internet and, more generally, on the effectiveness of the security technologies that are used to protect your confidential information. Although we take reasonable security precautions regarding information transmitted to and stored on the Portal, due to the open nature of the Internet, we cannot guarantee that any information stored on our servers, or transmitted to or from a User, will be free from unauthorized access, and we disclaim any liability for any theft or loss of, unauthorized access or damage to, or interception of any data or communications. By using the Portal, you acknowledge that you understand and agree to assume these risks.
If you contact us by e-mail, you should be aware that e-mail transmission might not be secure. A third party could view information you send by e-mail in transit. We will have no liability for disclosure of your information due to errors or unauthorized acts of third parties during transmission. We encourage you to use the “Contact Us” feature of the Portal instead of contacting us by e-mail.
If you are requested to send us any sensitive personal information, such as your account number, Password or PIN, in an e-mail or on a portal or otherwise, and you are uncertain whether such request is authorized by us, please do not hesitate to ask the service center.
In the unlikely event that we believe that the security of your personal information in our possession or control may have been compromised, we may seek to notify you of that development. If a notification is appropriate, we will endeavor to do so as promptly as possible under the circumstances, and, to the extent we have your e-mail address, we may notify you by e-mail. You consent to our use of e-mail as a means of such notification.
Modifications to the Portal and the Services
We may terminate, change, suspend or discontinue any aspect of the Portal, including, but not limited to, content, features or hours of availability. We may also impose limits on certain features of the Portal or restrict your access to part or all of the Portal without notice.