New York Life Terms of Use

This website (the “Site”) is created, controlled, and published by New York Life Insurance Company and its affiliates (including, without limitation, New York Life Insurance and Annuity Corporation) (collectively, “New York Life”). New York Life provides the Site and related programs and services (collectively, the “Services”) for your use subject to your compliance with this Terms of Use Agreement (the “Agreement”). This Agreement sets forth New York Life’s policies with respect to its operation of the Services. BY ACCEPTING THESE TERMS OF USE, YOU ARE REPRESENTING AND WARRANTING THAT: (A) YOU ARE A LEGAL RESIDENT OF THE UNITED STATES; (B) YOU ARE EITHER AT OR ABOVE THE LEGAL AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE; (C) YOU OWN OR HAVE SUFFICIENT AUTHORIZATION TO USE THE COMPUTER, MOBILE DEVICE, TECHNOLOGY OR OTHER DEVICE YOU USE TO ACCESS THE SERVICES (COLLECTIVELY, “DEVICE”); AND (D) YOU WILL ACCESS AND USE THE SERVICES IN ACCORDANCE WITH THIS AGREEMENT.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SERVICES. YOUR ACCEPTANCE OF THESE TERMS OF USE CONSTITUTES YOUR ACCEPTANCE TO BE BOUND BY THIS AGREEMENT. THIS AGREEMENT INCLUDES A MANDATORY, BINDING ARBITRATION PROVISION. IF AT ANY TIME YOU DO NOT ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST IMMEDIATELY DISCONTINUE USE OF THE SERVICES.

Quick guide to contents

1. PRIVACY AND PROTECTION OF PERSONAL INFORMATION

2. ELECTIONS, CANCELLATION

3. DISCLAIMER OF WARRANTIES

4. LIMITATIONS ON LIABILITY

5. INDEMNIFICATION

6. MODIFICATION/TERMINATION OF THE SERVICES

7. USER CODE OF CONDUCT

8. USER MATERIALS

9. MOBILE DEVICES

10. INTERNATIONAL USE/U.S. EXPORT CONTROLS

11. GENERAL

12. INTELLECTUAL PROPERTY NOTICES

PRIVACY AND PROTECTION OF PERSONAL INFORMATION

Please review the New York Life Privacy Policy to learn about our practices regarding the collection, use, disclosure and protection of personal information. By using any part of the Services, you agree to the terms of the New York Life Privacy Policy.

ELECTIONS, CANCELLATION

If you elect to receive paper annual and semi-annual shareholder reports, you must complete the registration process specified on the Site by providing us with complete and accurate information as requested by such process. You must keep your registration data complete, accurate and up-to-date, and any loss caused by your failure to do so is your responsibility. You are also responsible for all elections made during the registration process. You agree to notify New York Life immediately of any unauthorized use of the registration process. New York Life is not liable for any loss that you may incur as a result of someone else using the control number assigned to you or your Zip code. We may suspend or terminate your access to the Site if we have a reasonable belief that it is being used in connection with fraudulent activity, or you breach the Agreement or for any other reason we determine in our sole discretion, and also suspend or terminate your access to the Services, in whole or in part.

You may cancel your election to receive paper annual and semi-annual reports at any time by clicking here to e-mail us or contact the Service Center associated with your policy located on the notice received with your prospectus mailing.

DISCLAIMER OF WARRANTIES

YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THE SERVICES IS AT YOUR OWN RISK. ALL CONTENT CONTAINED WITHIN OR AVAILABLE THROUGH THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. NEW YORK LIFE AFFILIATES, DISTRIBUTORS, SUPPLIERS, LICENSORS, AGENTS OR OTHERS INVOLVED IN CREATING, SPONSORING, PROMOTING, OR OTHERWISE MAKING AVAILABLE THE SERVICES, INCLUDING THE SITE AND ITS CONTENTS (THE “NEW YORK LIFE PARTIES”) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES OR THE INFORMATION, CONTENT OR MATERIALS PROVIDED IN CONNECTION WITH THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE NEW YORK LIFE PARTIES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. NEW YORK LIFE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THE SERVICES WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES AND/OR ITS SERVER WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. THE NEW YORK LIFE PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT OR MATERIAL OF ANY KIND CONTAINED WITHIN THE SERVICES FOR ANY PURPOSE.

NEW YORK LIFE IS NOT RESPONSIBLE FOR ANY FAILURE TO ACCESS OR USE THE SERVICES OR FOR FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, LOST, INTERRUPTED, OR UNAVAILABLE CONNECTIONS OF ANY KIND, MISCOMMUNICATIONS OR FAILED TRANSMISSIONS OF DATA, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT OR ERROR RELATING TO THE SERVICES.

Exceptions

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, NEW YORK LIFE’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

LIMITATIONS ON LIABILITY

In no event shall the New York Life Parties be liable to any person or entity whatsoever for any form of damages arising out of your use or inability to use the Services. These limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if New York Life has been advised of the possibility of damages. In no event shall New York Life’s liability exceed the total amount paid by you to New York Life, if any, for accessing the Services.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless the New York Life Parties from and against all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, resulting from or otherwise arising in any way out of your use of the Services. You agree to cooperate fully with New York Life in asserting any available defenses in connection with a claim subject to indemnification by you under this Agreement.

MODIFICATION/TERMINATION OF THE SERVICES

New York Life may, in its sole discretion, modify, suspend, or terminate the Services and/or any portion thereof at any time for any reason with or without notice to you.

If your access to the Services is cancelled or terminated, you will no longer be authorized to use the Services, but you will still be bound by any elections you have made through the Site. New York Life shall not be liable to you or any third party for any modification, suspension or termination of the Services or your access to the Services.

USER CODE OF CONDUCT

The Services are for your personal and non-commercial use only. In accessing and using the Services, you agree that you will not:

• Submit any materials through the Services other than the information necessary to register your election.
• Make an election through the Services that you do not have a right to make available under law or contractual or fiduciary relationships.
• Impersonate another person or entity or misrepresent your affiliation with a person or entity, or adopt a false identity if the purpose of doing so is to deceive or defraud another.
• Manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you deliver.
• Deliver any posting containing personal information, such as phone numbers, social security numbers, account numbers, addresses or employer references.
• Use this service in any manner which could damage, overburden or interfere with the use of the Services or other users’ Devices, or damage, disrupt or limit the functioning of any software, hardware, or telecommunications equipment.
• Attempt to gain unauthorized access to the Services, any related website, or other accounts, computer systems, or networks connected to the Services, through hacking, password mining, or any other means.
• Obtain or attempt to obtain any materials or information through any means not intentionally made available through this the Services, including by collecting information about others such as email addresses.

USER MATERIALS

New York Life does not control and is not responsible for any information or other materials delivered through the Services by you or other users, including any personal information (collectively, “User Materials”).

You are solely liable for all User Materials delivered to the Services using your control number and Zip code. Any violation of these provisions may subject your access to the Services to immediate termination and further legal action. You represent and warrant that you own or control all rights to the User Materials and that public posting and use of the User Materials by New York Life will not violate the rights of any third party.

MOBILE DEVICES

Through use of the Services, you may be able to: (a) upload content to the Site via your mobile Device or (b) browse the Site from your mobile Device (collectively the “Mobile Services”). In order to do so, you must have a mobile communications subscription with a participating carrier (or have the consent of the applicable subscriber) or have access to a mobile communications network. You are solely responsible for paying any service fees associated with any such access (including charges for any data you send and receive on your mobile Device, as applicable). You must provide all equipment and software necessary to connect to the Services, including, but not limited to, a mobile Device that is in working order and suitable for use in connection with the Services. You must ensure that your Device and/or software does not disturb or interfere with the Services, including the Site’s operations. Any equipment or software causing interference will be immediately disconnected from the Services, and New York Life may immediately suspend or terminate your further use of the Services. If any upgrade to the Services requires changes in your equipment or software, you must make these changes at your own expense. Unless explicitly stated otherwise, any additional features that augment or enhance the current Services will be subject to the terms and conditions of this Agreement. You agree to comply with any applicable laws in your use of the Services.

INTERNATIONAL USE/U.S. EXPORT CONTROLS

Accessing materials through the Services by certain persons in certain countries may not be lawful, and New York Life makes no representation that materials provided through the Services are appropriate or available for use in locations outside the United States. If you choose to access the Services from outside the United States, you do so at your own risk.

No materials associated with the Services may be downloaded, exported or re-exported to countries or persons prohibited under export control laws, or to anyone on the U.S. Treasury Department list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Table of Deny Orders. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of any such materials. By using and/or downloading any such materials from the Services, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country to which such import, export, or re-export is prohibited or are not a person or entity to which such export is prohibited.

GENERAL

This Agreement is governed by, construed and enforced in accordance with the laws of the State of New York, as it is applied to agreements entered into and to be performed entirely within such state, without regard to conflict of law principles. You agree that all disputes, claims and causes of action relating to this Agreement, the Services, and/or the Privacy Policy, shall be resolved individually, without resort to any form of class action, exclusively by confidential arbitration in New York, New York, before a single arbitrator pursuant to the then-current arbitration rules of the American Arbitration Association. Any award rendered shall be final and conclusive upon the parties and a judgment thereon may be entered in the highest court of any forum, state or federal, having jurisdiction, provided, however, that the party that commences an action to enforce, vacate or otherwise modify an arbitration award shall not include any confidential information in such filing unless required to do so by applicable court rules and, if so required, shall take all reasonable actions to prevent the disclosure of such confidential information, including but not limited to moving for permission to make its initial filing under seal or filing a redacted version of its filing that omits such information. The parties to the arbitration will share equally the administrative costs of such arbitration proceedings. You agree to commence any arbitration proceeding with respect to this Agreement within one year after the claim arises. You agree that a proceeding commenced after this date is barred.

If any provision of this Agreement, or the application thereof to any person, entity or circumstances, is held invalid or unenforceable, then such provision shall be deemed superseded by a valid, enforceable provision that matches, as closely as possible, the original provision, and the other provisions of this Agreement shall remain unaffected and in full force and effect. The failure of either party to insist upon strict performance of any provision of, or to exercise any right available under, this Agreement shall not be construed as a waiver of any provision or right.

This Agreement is the entire agreement between you and New York Life with respect to the use of the Services. All representations, warranties and indemnification obligations made or undertaken by you will survive any cancellation or termination of your account.

If you have any questions concerning this Agreement or the Services, please contact us by clicking here or contacting the Service Center associated with your policy located on the notice received with your prospectus mailing.

INTELLECTUAL PROPERTY NOTICES

Ownership and Use of Intellectual Property

New York Life or its affiliates own or license all aspects of the Services, including but not limited to text, photographs, graphics, video and audio material, software, logos, titles, characters, names, and button icons (collectively “Intellectual Property”). The Intellectual Property is protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries.

You may view, store, print, reproduce, and distribute pages within the Services solely for your personal, non-commercial purposes, provided that (a) no pages are modified, and (b) this page and any notice regarding content use or ownership are included with all stored, reproduced, or distributed pages.

Except as noted in the previous sentence, you may not reproduce, download, license, publish, enter into a database, display, modify, create derivative works from, transmit, post, distribute, perform publicly, decompile, reverse engineer, disassemble, use on another computer-related environment, transfer, or sell any Intellectual Property, or any other information, software or products obtained from or through the Services, in whole or in part, without the express written permission of New York Life.

Additionally, you may not create or promote a website with hyperlinks to any page beyond the homepage of the Site (a/k/a “deep linking”), frame the Site or any web page or material contained within the Services, or include hyperlinks to any aspect of the Services in an email for commercial purposes, without the express written permission of New York Life.

Copyright Infringement

New York Life respects the intellectual property rights of third parties and complies with the terms of the Digital Millennium Copyright Act (DMCA) regarding such rights. By submitting any User Materials through the Services you (a) grant permission to have the User Materials posted on the Site or via any other of the media channels used for the Services, and (b) represent that you are the rightful owner of the submitted material, and that no one else may claim rights to this material.

New York Life may independently remove material that it reasonably believes to be infringing the rights of a third party, but has no obligation to do so. New York Life’s actions do not affect any other rights New York Life may have under law or contract.

Procedure for Making Claim of Copyright Infringement

If you believe that any portion of the Intellectual Property infringes copyrights in your independent work of authorship, you may send written notification to our Designated Agent in accordance with the provisions of the Digital Millennium Copyright Act (the “Notification”):

DMCA Designated Agent
c/o Office of the General Counsel, Head of Technology, IP, and Strategic Sourcing
51 Madison Avenue
New York, NY 10010

By Email: DMCA_Agent@newyorklife.com

To be effective under U.S. copyright law (17 U.S.C. § 512(c)), the Notification must include:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit New York Life to locate the material;
• Information reasonably sufficient to permit New York Life to contact the complaining party, such as an address, telephone number, and, if available, an email address; and
• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please note that the Notification process is valid only with respect to a claim of copyright infringement. Messages related to other matters will not receive a response through this process.