Prudential Retirement Services Website and IVR Terms and Conditions

The terms and conditions outlined in this agreement apply to the Prudential Retirement Electronic Retirement Center (the "Service") only and do not address the rules for obtaining information or making transactions by any other means. Prudential Retirement is a business unit of The Prudential Insurance Company of America, Newark, NJ. The Service includes the participant website and the Interactive Voice Response (IVR) telephone system. Please carefully read the following terms and conditions.

As an accountholder, you will represent, on a continuing basis, that you are authorized to access any account ("Accounts") for which you have requested a User ID and Password. The User ID and Password may have been provided to you when you enrolled in your employer's retirement plan or you may have requested a Password from Prudential at some other time. Because of the importance of safeguarding your Accounts, Prudential Retirement requests that you not share your User ID and/or Password with any other individuals. However, if you choose to share your User ID and Password with other individuals, Prudential or any party contracting with Prudential will not be responsible for damages or loss resulting from any breach of security caused by a failure to maintain the confidentiality of your User ID and Password.

Account data on the Service is for informational purposes only and is not the official record of your account activity. Your retirement plan account statement is your official record of account activity. Account data provided through the Service is generally updated as of the prior business day's close of business. This information is subject to adjustment and correction.

Access to the Service may be blocked if Prudential reasonably believes your access codes have been/may have been obtained or are being used/may be used by an unauthorized person(s).

Any transaction(s) entered by an individual using your User ID and Password will be deemed to have been authorized by you, unless you have previously notified Prudential, in a timely manner, of the loss, theft or unauthorized use of these personal identifiers. If you become aware of the loss, theft or unauthorized use of your User ID and Password, you must notify Prudential by phone or in writing (delivered via U.S. Mail, certified, return receipt requested) at the address below. Note, too, that if an accountholder authorizes a third party to access his/her account and/or our services, the accountholder agrees to defend, indemnify, and hold Prudential and parties contracting with Prudential not responsible for any liability, losses, damages and reasonable costs and expenses (including attorney fees) arising out of claims or suits by any such third parties based upon or relating to such access and use.

Neither Prudential, any parties contracting with Prudential, nor any of their directors, officers, employees, agents, contractors, affiliates, information providers, licensors or other suppliers providing data, information or services, warrant that the Service will be uninterrupted or error free.

Prudential or any parties contracting with Prudential does not warranty the results that may be obtained from the use of the Service, or as to the timeliness, sequence, accuracy, completeness, reliability or content of any information, data, service or transaction provided through the Service, or with respect to any software provided for use in accessing the Service.

Service data, software, equipment and information is provided on an "as is," "as available" basis, without warranties of any kind, either express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement. Prudential and any parties contracting with Prudential are not liable for special, indirect or consequential damages resulting from these services, or any breach of any warranty, even if advised of or if they could have reasonably foreseen such damages.  

Accountholder Responsibility

Accountholders are responsible for all transactions authorized with their user ID and Password. If an accountholder permits another person(s) to use the Service or their ID or Password, the accountholder is responsible for any transactions he/she authorizes. By usage of the Service an accountholder accepts full responsibility for the monitoring of their Account(s).

Accountholders will notify Prudential by phone or in writing (delivered via U.S. Mail, certified, return receipt requested) at the address listed below, if he/she becomes aware of any of the following:

• He/She does not receive a confirmation number from Prudential indicating that a transaction was received and/or properly executed
• He/She does not receive an accurate written confirmation of a transaction, or
• He/She receives confirmation of a transaction that he/she did not initiate.

If an accountholder does not notify Prudential within 5 business days after any of the above listed circumstances occur, Prudential is not responsible or liable for any claims arising from said circumstances. If an accountholder becomes aware of inaccurate information in his/her Account balance(s), securities positions, or transaction history which is unrelated to any of the above listed circumstances, he/she is responsible for notifying Prudential in a timely manner by phone or in writing (delivered via U.S. Mail, certified, return receipt requested) at the following address: 

Prudential Retirement Services

30 Scranton Office Park

Scranton, PA  18507-1789

You may contact Prudential by phone at the toll-free number listed on your statement.

To report an error you must provide Prudential with the following information:

• Your Name
• Social Security Number
• Address
• Plan Number(s)
• Your Employer’s Name
• The Plan Name
• Description of the suspected error(s) or the nature of the problem
• Dollar amount of the suspected error

Prudential's Responsibility

Prudential is responsible for completing the transactions you authorize for your retirement account(s) in a timely manner, pursuant to properly entered and transmitted instructions.

Prudential will send a written confirmation of any financial transaction that you authorize within three business days via First Class US mail or electronically, pursuant to Prudential’s procedures for electronic communications.

Prudential will mail to you (including electronic mailing pursuant to Prudential procedures) periodic statements for your retirement plan account(s) in accordance with the schedule determined by your employer. In addition to reflecting other account activity, your statements will be reflective of any financial transaction that you authorize via the Service.

Prudential is not liable or responsible if:

• A transaction cannot be initiated because of insufficient funds (irrespective of the size of the shortfall) in an accountholder's account, or if that account has not been established or has been closed
• An accountholder has not properly followed instructions on how to effect a transaction through the Service
• An accountholder has not given complete, correct and/or current instructions so that the transaction can be effected
• It reasonably believes that a transaction may be unauthorized and determines not to proceed with the requested transaction
• An accountholder's equipment and/or the software used were not working properly at the time the accountholder attempted to authorize a transaction, or
• Circumstances beyond our control prevent Prudential from effecting a transaction, despite reasonable precautions that Prudential has taken. Such circumstances include but are not limited to computer failure, telecommunication outages, postal strikes and other labor unrest, delays caused by payees, fires, floods, and other natural disasters.

It is important to note that Prudential does not provide tax, legal or investment advice or give advice or offer any opinion with respect to the suitability of any investment. Understand, also, that while you may be able to access any investment reports through the Internet, the availability of such information does not constitute a recommendation to buy or sell all or any of the securities discussed therein. Any investment decisions you make will be based solely on your own evaluation of your financial circumstances and investment objectives.

E-Mail

E-mail is provided to you by Prudential as a convenience and to enhance communications between you and your Prudential Client Service Representative. "E-mail," for this purpose, refers to the electronic mail function of the participant website which is accessible through the "Contact Us" option, including any successor to such option. E-mail may not be used to request, authorize or effect the purchase or sale of any securities, to send fund transfer instructions, or for any other financial transactions that require more formal authorization in accordance with applicable law or policies of Prudential or your employer's retirement plan. Any such requests, orders, or instructions that you send in via e-mail will not be accepted or processed by Prudential. Prudential is not responsible for any loss or damage which arises from unaccepted e-mail requests, orders or instructions.

Accountholders may not use e-mail to send personal or identifying information, such as account numbers, Social Security numbers, passwords, etc. Prudential is not responsible for any loss or damage that results from interception by third parties of any information you send via e-mail.

All e-mail messages sent by you to your Client Service Representative or to you from your Client Service Representative and all activity on the Accounts may be monitored and/or reviewed by Prudential and will be recorded and archived and are available for review by Prudential agents, regulatory examiners, and, if applicable, your employer.

Business Days and Hours of Operation.

Prudential's business days are Monday through Friday except during New York Stock Exchange holidays and emergency closings. Although financial transactions can be processed only on business days, you can use the Prudential Electronic Retirement Center to reach Prudential 24 hours a day, seven days a week, except during any special maintenance periods or periods when access is not available due to maintenance, support or other system activities. A Participant Service Representative will be available by telephone to assist users of the Interactive Voice Response (IVR) System between the hours of 8:00 am and 8:00 p.m. EST. Prudential will use its best efforts to:

• Process all transactions authorized via the Service with a current effective date if such request is received on a business day that the New York Stock Exchange is open and between the hours of 8:00 AM and 4:00 PM Eastern Time or 2:00 PM in the case of plans under which employer stock is an investment option, and
• Process all transactions with an effective date of the next such business day that the New York Stock Exchange is open if such request is received after the above listed hours or on a non-business day.

Prudential reserves the right to process transactions with an effective date which is within 36 hours (counting only such business days) of receipt of the related request and the cash to make the requested investment.

Prudential may, on a regular basis, perform maintenance on its equipment or systems. This maintenance may result in interrupted service or errors in the Service. Prudential retains the right to change the scope of its services from time to time with the prior consent of your employer, if applicable, for any material changes. To the extent permissible, Prudential will provide prior notice of such interruptions and changes but does not guarantee that such notice will be provided.

Performance of Software and Electronic Service

Accountholders agree that the liability of Prudential and parties contracting with Prudential for viruses, or other similar harmful components or contaminants, that may enter your computer system by downloading information, software, or other materials from Prudential's site or which result from the provision of these Services is limited to Prudential using its reasonable efforts to reconstruct or replace the lost data or information, software or other material. Prudential and parties contracting with Prudential are not responsible or liable for any special, indirect or consequential damages which may result from such harmful components or from your inability to use the Service or for any loss of data, information or material.

Ownership and Use of Content

All of the information and content on this website, including but not limited to all text, graphics, software applications, video and audio files and photos ("Content") is Prudential's property, or the property of our suppliers, and is protected by copyright under both United States and foreign laws, unless otherwise indicated. You may make and use printouts of the Content for your personal, non-commercial use only, provided that the printouts retain all copyright, trademark and proprietary notices. The use of the Content on any other Web site or in a networked computer environment for any purpose, or any other republication or redistribution of the Content, including, without limitation, framing the Content within another Web site, is expressly prohibited without the prior written permission of Prudential.

Governing Law

Except as otherwise provided under ERISA and the Internal Revenue Code of 1986, as amended, or any agreement between Prudential and your employer, you agree that this Agreement will be governed and interpreted in accordance with the laws of the State of New Jersey without regard to principles of conflict of laws. You further agree to submit to the exclusive jurisdiction of the federal and state courts in the State of New Jersey located in Essex County.

Amendment of Terms and Conditions

Prudential may amend this statement of terms and conditions for the Prudential Electronic Retirement Center from time to time without prior notice. Prudential is responsible for posting a notice on the participant website of any material amendments to this statement of terms and conditions. Your continued use of the Service is your agreement to the terms of any and all such amendment(s).

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