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Our Commitment To You

The following information applies to retirement plan participants only. For Health Savings Account (HSA) disclosures and additional information, please access your HSA online, or contact HSA Customer Services at 866-884-7374, Monday through Friday,
7:00 a.m. to 8:00 p.m. CT.
  • We do not sell customer information to third parties.

  • We do not share customer information with outside parties who may wish to market their products to you.
    You do not have to take any action or instruct us to keep your information confidential. We will protect your privacy automatically.

  • Within the Wells Fargo companies, we safeguard your customer information carefully.
    We do not share information about your retirement accounts within the Wells Fargo family of banks and companies unless you or your employer authorizes us to do so in order to provide services for your retirement accounts.

  • We are committed to protecting your customer information in every transaction, at every level of our organization.
    For this purpose, we have designed standards, procedures, and the supporting technology, designed to help us meet this commitment to you.
At Wells Fargo Institutional Retirement and Trust, we value your relationship, and we work diligently every day to honor the trust you placed in us when you became a participant in your employer's retirement plan with Wells Fargo. And we intend to continue earning that trust every day. That is why we welcome this opportunity to describe our privacy policy, online security standards, and the steps we take to protect your personal information.

On our Web site, you'll find tips to help you protect yourself from identity theft and limit direct marketing from outside companies.

Privacy and Security

Date of most recent update: December 31, 2013

We are committed to helping you protect your privacy every day

For more than 160 years, the Wells Fargo name has been a trusted symbol of service and reliability, and we remain dedicated to those principles today. You can count on us to provide you with the responsive, professional service you deserve, and to protect your privacy and security along the way.

The Wells Fargo Privacy Policy describes how we protect and use your personal information. We believe that protecting your privacy is an integral part of the service we provide to you. This is the reason why we do not share information with outside parties who may wish to market their products to you.

WELLS FARGO RETIREMENT PLAN WEBSITE ONLINE AND MOBILE PRIVACY POLICY


1. Introduction and Scope of Policy
2. Agreement to Policy
3. Gathering, Using, and Sharing Information
4. Children’s Privacy
5. Policy Updates and Effective Date

1. INTRODUCTION AND SCOPE OF POLICY

This Wells Fargo Retirement Plan Website Online and Mobile Privacy Policy (“Policy”) applies to your interaction with the Wells Fargo Retirement Plan Website or any of its affiliates (collectively, “Wells Fargo,” “we,” “us,” “our”), at any online or mobile site or application that we own and control (“Site”), unless a different online and/or mobile policy is posted at a particular site, or is made available to you and by its terms supplants this Policy. This Policy also explains certain data use and data protection functionalities and practices of our email. Please note that where we have another type of presence on a site owned by a third party, such as a page or handle on a social media site, that third party’s privacy policy and terms of use, rather than this Policy, will govern, unless specifically stated otherwise.

2. AGREEMENT TO POLICY

By using a Site, you consent to this Policy, including your consent to our use and disclosure of information about you in the manner described in this Policy.

3. GATHERING, USING, AND SHARING INFORMATION

Types of Information

You may interact with us in a variety of ways online, including through a mobile device, if that functionality is offered. We may offer sites or applications that permit browsing and do not require registration. We may also offer the ability to access your accounts online. Information that we may collect about you through online interaction includes information that you input, such as your name, address, email address, other contact information; data resulting from your activity, such as transaction information; and location information. We may also gather additional information such as the type of device and browser you are using, the IP address of your device, information about your device’s operating system, and additional information associated with your device. We may also gather information collected through cookies, tags, and other technologies, as described further below.

About “Cookies”

Cookies are pieces of data stored on your device. Browser cookies are assigned by a web server to the browser on your device. When you return to a site you have visited before, your browser gives this data back to the server. Mobile applications may also use cookies.

We may use cookies for purposes such as maintaining continuity during an online session; gathering data about the use of our site; monitoring online promotions; improving your and other users’ experience on our Site; and anti-fraud and information security purposes.

Other parties that may collect information about your web browsing behavior when you use our Site are limited to service providers who may only use any information collected to provide services for us and not to provide services or advertising for any other party.

Do You Have to Accept Cookies?

You may be able to set your browser to reject browser cookies. However, if you choose to reject cookies, you may not be able to access your accounts online with Wells Fargo. Therefore, if you set your browser options to disallow cookies, you may limit the functionality we can provide when you visit our Site. The latest versions of internet browsers provide cookie management tools, such as the ability to delete or reject cookies. We recommend that you refer to information supplied by browser providers for more specific information, including on how to use these tools.

Additional Cookies

Cookies is a term also used to describe other locally stored objects, such as cookies stored in an Adobe folder on your device. These cookies will not be deleted when you clear cookies from your browser. We may use this technology for purposes such as information security and fraud prevention. We do not use this technology for online behavioral advertising purposes. Please refer to information provided by Adobe for information on how to disable and control Flash objects. If you choose those options, you may limit the functionality we can provide when you visit our Site.

Additional Technologies

We may also use additional technologies such as pixel tags, web beacons, and clear GIFs, and may permit our third party service providers to use these technologies. We may use these technologies for purposes such as measuring the effectiveness of our communications, and determining viewing and response rates.

Using Information

In addition to the uses described above, we use information for purposes as allowed by law such as: servicing; communicating with you; improving our Site, products, or services; legal compliance; risk control; information security; anti-fraud purposes; or personalizing the presentation of our products and services to you; tracking website usage, such as number of hits, pages visited, and the length of user sessions in order to evaluate the usefulness of our sites; and we may also use read-receipt notifications in our email communications.

Sharing

We may share information with service providers or affiliates with whom we work, such as data processors and companies that help us provide products and services to you. When permitted or required by law, we may share information with additional third parties for purposes including response to legal process. As applicable, please see additional Wells Fargo & Company privacy policies, such as the Wells Fargo U.S. Consumer Privacy Notice, available at https://www.wellsfargo.com/privacy_security/, for more information on how we may share information with affiliates and third parties.

4. CHILDREN’S PRIVACY

From our web pages, we do not knowingly collect personal information from individuals under the age of 13 without obtaining verifiable consent from their parents.

For more information about the Children’s Online Privacy Protection Act (COPPA), visit the FTC website: www.ftc.gov.

5. POLICY UPDATES AND EFFECTIVE DATE

If we make updates to this Policy, we will update the Policy with the changes and revise the “date of most recent update” posted at the top of this Policy. Any updates to the Policy become effective when we post the updates on the Site. Your use of the Site following the update to the Policy means that you accept the updated Policy.

Online Security Guarantee

Updated: March 1, 2014

Our Commitment

For more than 160 years, Wells Fargo has stood as a symbol of strength and security, serving our customers' financial needs. Today, we remain as committed as ever and use proven technology to protect your personal information.

Our Guarantee

We guarantee that you will be covered 100% of funds removed from your Wells Fargo accounts in the unlikely event that someone you haven’t authorized removes those funds through this Wells Fargo Retirement Plan Website, unless the loss:

  • is the fault of your employer or a third-party authorized by your employer (other than Wells Fargo); or
  • you have entered the Wells Fargo Retirement Plan Website with credentials (user name and password) created on your employer’s own privately maintained portal referred to as delegated authentication.
The Online Security Guarantee does not apply to business transactions made through the Commercial Electronic Office (CEO®) portal. To qualify for this guarantee, you must follow Your Responsibilities below.

Your Responsibilities

You are responsible for protecting your password and account information by:

  • Not disclosing your personal account information to others (including your Touch Tone Telephone PIN, online username, and password); and
  • Promptly reporting incidents of unauthorized account access or use within 60 calendar days after the date we send you the account statement showing that unauthorized activity by contacting the Wells Fargo Institutional Retirement and Trust - Retirement Service Center at 1-800-728-3123, during business hours Monday through Friday, from 7:00 a.m. until 11:00 p.m., Eastern Time, excluding New York Stock Exchange and other bank holidays.
You must also cooperate with our claims representatives, and comply with our requests and procedures, during the processing of your claim. It’s a good idea to start a written record on the date that you file a claim, and make notes regarding any subsequent phone calls or correspondence.

Claims Resolution

Your claim will typically be resolved within the timelines stated in your Summary Plan Description Claims and Appeals. If we require additional time to resolve your claim, you will be notified of the delay and expected resolution date.

Security Statement Updates and Effective Date

If we make updates to this Security Statement, we will update the Security Statement with the changes and revise the "date of most recent update" posted at the top of this statement. Any updates to the Security Statement become effective when we post the updates on the Site. Your use of the Site following the update to the Security Statement means that you accept the updated statement.
Dispute resolution program: Arbitration Provision; waiver of class action rights; waiver of right to a jury trial

This Section (“Arbitration Provision”) constitutes the arbitration agreement between you and us and includes a mutual waiver of class action rights. This Arbitration Provision governs disputes concerning:

  • interpretation of this Agreement (including the meaning of this arbitration agreement and whether a disagreement is a "dispute" subject to binding arbitration as provided for in this arbitration agreement),
  • the Online Access and Use Agreement,
  • the Service,
  • the Online Access Process, and
  • Online Account Services ("Covered Disputes").
Disputes concerning brokerage accounts that are Eligible Accounts are governed by the Pre-Dispute Arbitration Agreement and governing law provisions contained in the brokerage account agreement document, which takes precedence over this section. Disputes arising under any separate agreement governing your other Eligible Accounts will be governed by the dispute resolution and governing law provisions of that agreement, which also take precedence over this section.

A. Non-judicial resolution of disputes

You and we agree that any Covered Disputes between or among you and us, regardless of when it arose, will, upon demand by either you or us, be resolved by the following arbitration process. You understand and agree that you and we are each waiving the right to a jury trial or a trial before a judge in a public court. As an exception to this Arbitration Provision, both you and we retain the right to pursue in small claims court in the state where you reside any dispute that is within that court's jurisdiction.

B. Definition of disputes

A dispute is any unresolved disagreement between or among you and us. It includes claims based on broken promises or contracts, torts (injuries caused by negligent or intentional conduct) or other wrongful actions. It also includes statutory, common law, and equitable claims. A dispute also includes any disagreement about the meaning of this Arbitration Provision, and whether a disagreement is a "dispute" subject to binding arbitration as provided for in this Arbitration Provision.

C. Binding arbitration; waiver of class action rights; severability

Binding arbitration is a means of having an independent third party resolve a Covered Dispute without using the court system, judges or juries. Either you or we may require the submission of a Covered Dispute to binding arbitration at any reasonable time notwithstanding that a lawsuit or other proceeding has been commenced. If either you or we fail to submit to binding arbitration following a lawful demand, the one who fails to so submit bears all costs and expenses (including attorney's fees and expenses) incurred by the other in compelling arbitration.

Neither you nor we will be entitled to join or consolidate Covered Disputes by or against others in any arbitration, or to include in any arbitration any Covered Dispute as a representative or member of a class, or to act in any arbitration in the interest of the general public or in a private attorney general capacity.

Each arbitration, including the selection of the arbitrator will be administered by the American Arbitration Association ("AAA"), or such other administrator as you and we may mutually agree to (the AAA or such other mutually agreeable administrator to be referred to hereinafter as the “Arbitration Administrator”), according to the Commercial Arbitration Rules and the Supplemental Procedures for Consumer Related Disputes ("AAA Rules"). To the extent that there is any variance between the AAA Rules and this Arbitration Provision, this Arbitration Provision will control. Arbitrator(s) must be a member of the state bar where the arbitration is held, with expertise in the substantive laws applicable to the subject matter of the Covered Dispute.

You and we each agree that in this relationship:

  • You and we are participating in transactions involving interstate commerce;
  • The Arbitrator shall decide any dispute regarding the enforceability of this Arbitration Provision; and
  • Each arbitration is governed by the provisions of the Federal Arbitration Act (Title 9 of the United States Code), and, to the extent any provision of that Act is inapplicable, unenforceable or invalid, the laws governing the relationship between you and us about which the Covered Dispute arose.

To find out how to initiate an arbitration, please call any office of the AAA or visit the AAA website at www.adr.org.

If any of the provisions of this arbitration agreement dealing with class action, class arbitration, private attorney general action, other representative action, joinder, or consolidation is found to be unlawful or unenforceable, that invalid provision shall not be severable and this entire arbitration agreement shall be unenforceable.

D. Rights preserved

This Arbitration Provision and the exercise of any of the rights you and we have under this Arbitration Provision do not stop you or us from exercising any lawful rights to use other remedies available to preserve, foreclose, or obtain possession of real or personal property; exercise self-help remedies, including setoff and repossession rights; or obtain provisional or ancillary remedies such as injunctive relief, attachment, garnishment, or court appointment of a receiver by a court having jurisdiction.

E. Miscellaneous

You and we each agree to take all steps and execute all documents necessary for the implementation of arbitration proceedings. The arbitrator may hear and rule on appropriate dispositive motions as part of the arbitration proceeding, such as motions for judgments on the pleadings, summary judgment, or partial summary judgment. The AAA, the arbitrators, you and we, must, to the extent feasible, take any necessary action to ensure that an arbitration proceeding, as described in this Arbitration Provision, is completed within 180 days of filing the Covered Dispute with the AAA. These parties must not disclose the existence, content, or results of the arbitration, except for disclosures of information required in the ordinary course of business or permitted by applicable law or regulation. This provision will be liberally construed in order to ensure the enforcement of this Arbitration Provision. Arbitration proceedings are conducted in the state where you reside or at a location determined by the AAA.

All statutes of limitations applicable to any Covered Dispute apply to any arbitration between you and us. The provisions of this Arbitration Provision will survive termination, amendment, or expiration of your Account relationship or the governing Agreement or any other relationship between you and us. This Arbitration Provision constitutes the entire agreement between you and us and supersedes all prior arrangements and other communications concerning dispute resolution. If more than one arbitration agreement entered into by you and us is potentially applicable to a Covered Dispute, the one most directly related to the Eligible Account or transaction that is the subject of the dispute will control.

F. Fees and expenses of arbitration

Arbitration fees shall be determined by the rules or procedures of the Arbitration Administrator, unless limited by applicable law. Please check with the Arbitration Administrator to determine the fees applicable to any arbitration you may file. If the law applicable to this Agreement limits the amount of fees and expenses to be paid by you, then no allocation of fees and expenses to you shall exceed this limitation. Unless inconsistent with applicable law, each of us shall bear the expense of our own attorney, expert and witness fees, regardless of which of us prevails in the arbitration.

G. California residents

In the event that you are a California resident, this Arbitration Provision applies only to disputes in which you seek for yourself individually amounts in excess of the jurisdictional limit of Small Claims Court, excluding attorneys' fees and costs.

Online Access and Use Agreement

I. Introduction

This Online Access and Use Agreement (this "Agreement") governs your use of the Wells Fargo Retirement Plan Website services. In this Agreement the word "Service" refers to the Wells Fargo Retirement Plan Website services.

You may use the Service to access your Eligible Accounts and Online Account Services (defined in section II of this Agreement) through the Internet.

By using the Service to access an Eligible Account or Online Account Service you are agreeing to the terms of this Agreement.

In this Agreement, the words:

  • "We," "us," "our" and "Wells Fargo" means Wells Fargo Bank, N.A. and any of their affiliates or direct or indirect subsidiaries, when they or the affiliates or subsidiaries hold an Eligible Account or provide an Online Account Service.
  • "You" or "your" means the owner of an Eligible Account or an authorized representative.
  • "Authorized Representative" means a person with authority to take action or make decisions on behalf of another person with respect to an Eligible Account or an Online Account Transaction.
  • "Business" means any person other than a consumer that has an Eligible Account with respect to which an Online Account Service is requested.
  • "Business Day" means the hours of operation each day of all systems or entities, including Wells Fargo, mutual fund companies and the national stock exchanges, required to perform the activity being requested.
  • "Consumer" means a natural person who owns an Eligible Account with respect to which an Online Account Service is requested primarily for personal, family or household purposes.
  • "Handheld Device" includes a cell phone, tablet computer, or personal digital assistant satisfying hardware and software requirements as specified by us from time to time.
  • "Website" means the Wells Fargo Retirement Plan Website and all other web pages maintained by us and accessible through the Wells Fargo Retirement Plan Website.

When you completed your registration, you agreed to the E-Sign Consent and Online Access Agreements for the Wells Fargo Online website, a different Wells Fargo website located at wellsfargo.com. These agreements contain the terms and conditions governing Wells Fargo Online. They are located at wellsfargo.com under the tab “Account Services” for your review.

Investments and Insurance Products: NOT FDIC INSURED, NO BANK GUARANTEE, MAY LOSE VALUE

II. Eligible Accounts and Online Account Services

Each Wells Fargo account you have with us which may be enrolled in or is accessible through the Website is an "Eligible Account." Eligible Accounts include accounts or benefits in 401(k) plans, profit sharing plans, nonqualified plans, employee benefit plans, health savings accounts, and pension or cash balance plans. Each of the variety of products and services you may access or enroll in through the Website and other related services are an “Online Account Service.” Wells Fargo may, from time to time, introduce new features or eliminate features to the Online Account Services. When this happens we will update our Website to include them. By using an Online Account Service, you agree to be bound by the terms contained in this Agreement at that time.

If you authorize another person as a signer on an Eligible Account or Online Account Service, and that authorized signer is enrolled in the Service, we may in our discretion treat that authorized signer as an Authorized Representative. If you notify us that an Authorized Representative is no longer authorized, only transactions that you did not want or intend that the Authorized Representative performs after you notify us and we have a reasonable opportunity to act on the notice, will be considered unauthorized transactions.

In addition to this Agreement, other terms and conditions, including plan provisions and other agreements may apply to your Eligible Accounts and Online Account Services, and those terms and conditions will continue to apply to each of them. Additionally, each Eligible Account and Online Account Service will be subject to the following:

  • the terms or instructions appearing on a screen when using a Service;
  • Wells Fargo's rules, procedures and policies applicable to each Eligible Account and each Online Account Service;
  • the rules and regulations of any funds transfer system used in connection with an Eligible Account or Online Account Service;
  • applicable laws and regulations.

You agree to follow the procedures, instructions and conditions for the use of the Service contained in this Agreement and in any notices, guides, manuals, materials, documents or instructions furnished to you by us. We may at any time withdraw, modify or change the procedures for using the Service. You will be notified of major modifications to the Service or instructions for using the Service at least 15 calendar days before such modifications to the Service are made. Your use of the Service after any such modification becomes effective will evidence your acceptance of the modification. If you do not accept any modification, you may terminate the Service or this Agreement.

III. Access to Eligible Accounts

You may access an Eligible Account on the Website to obtain balance information, transaction history and other information and perform authorized transactions. In some instances, balances and transaction history may only reflect activity conducted through the close of the previous business day.

To access an Eligible Account you must have a username, password and the required hardware and software as described on the Website. You must also comply with any other security procedures and policies we may establish from time to time. You must provide all telephone and other equipment, software (other than any software provided by us) and services you need to access the Service.

Subject to the terms of this Agreement, you will generally be able to access your Eligible Accounts through the Website seven days a week, 24 hours a day. A transaction completed through a Service will be processed in accordance with the instructions, cutoff times and turnaround times provided on the web pages used to guide you through the process at that time.

At certain times, a Service may not be available due to system maintenance or circumstances beyond our control. During these times, you may use our touch-tone service or call the Retirement Service Center to speak with a Retirement Service Representative ("RSR").

IV. Access to Online Account Services

You may use the Service to obtain such products and services as are then available through the Service as then disclosed at the Website (the "Online Account Services").

To use an Online Account Service you must have a username, password and the required hardware and software as described on the Website. You must also comply with any other security procedures and policies we may establish from time to time. You must provide all telephone and other equipment, software (other than any software provided by us) and services you need to access the Service.

Subject to the terms of this Agreement, you will generally be able to access Online Account Services through the Website seven days a week, 24 hours a day.

At certain times, a Service may not be available due to system maintenance or circumstances beyond our control. During these times, you may use our touch-tone service or call the Retirement Service Center to speak with a Retirement Service Representative ("RSR").

To the extent necessary to carry out your instructions with respect to an Eligible Account or Online Account Service, you authorize us to send emails and text messages to you, and other persons on your behalf. Emails and text messages sent to others pursuant to your instructions and on your behalf may identify you by name and may state that we are sending them on your behalf and according to your instructions. We may send email and text messages to any email address or telephone number you have provided to us, including mobile/cellular telephone numbers that could result in charges to the owner of the telephone account.

V. Linked Eligible Accounts

All Eligible Accounts will be linked by means of the tax identification numbers of the participant or beneficiary who owns the account.

As a result, you may be able to view multiple Eligible Accounts that have no relationship to each other (other than your tax identification number). For example, you may view Eligible Accounts in plans sponsored by your current and previous employers who have no affiliation with each other. You may also view Eligible Accounts that may have fiduciary protections, tax advantages or other rights and obligations together with other Eligible Accounts which do not have such attributes. You should consult the terms and conditions governing the respective Eligible Accounts to determine their respective characteristics.

VI. User Responsibility

You will use a username and a password, and/or such other security and authentication techniques as we may require from time to time, to access your Eligible Accounts and Online Account Services through the Service.

You are responsible for:

  • actions that may be taken by anyone using the Service after signing in with your username and password. We are entitled to rely and act upon instructions received under your username and password.
  • keeping your username and password confidential and for ensuring that you have signed off from the Service when your session is complete to prevent unauthorized persons from using the Service.

You agree that you will be the only user of your username and password, that you will not transfer or disclose any of this information to any other person, and that you will be responsible for all usage of the Service and any fees associated with use of other services accessed through the Service on your Eligible Account whether or not authorized by you. You agree to immediately notify Wells Fargo Institutional Retirement and Trust of any actual or suspected unauthorized use of your username and password.

You agree to provide true, accurate, current and complete information about yourself as requested and you agree to not misrepresent your identity.

You will:

  • not use the Service for any illegal purposes;
  • comply with all regulations, policies and procedures of networks through which you access and use the Service;
  • not use the Service for any activity or use that may disrupt the Service or the networks through which you access or use the Service; and
  • not access or attempt to access any Service account for which you have no access authorization, or duplicate, modify, distribute or display any of the data or files from any such account.

You are responsible for and must provide all telephone and other equipment, software (other than any software provided by us) and services necessary to access the Service.

VII. Security

You will be given a username and password that will give you initial access to your Eligible Accounts through the Service and our touch-tone telephone service. You will be required to customize your username and password the first time you access the Service.

We may, in our sole discretion, set standards for your username. Your password must meet the standards we establish from time to time. These standards will be available for your reference whenever you create or change a password. If we change these standards, you may be required to change your password to meet the new standards. We may require you to change or update your password at any time. We are not required to give you advance notice that we have changed the standards, or that we are requiring you to change or update your password.

We recommend that you change your password regularly. We are entitled to act on instructions received under your password. For security purposes, it is recommended that you memorize your password and do not write it down. You are responsible for keeping your password confidential.

We may also require additional security procedures to initiate certain transactions. These additional security procedures may require special hardware, software or third-party services. We may also, at our option, offer you additional, optional security procedures, such as one-time passwords, to handle the security of your Eligible Accounts and Online Account Services. We may also require the use or activation of special applications, Internet browser software features, plug-ins and add-ons, such as JavaScript support and “cookies”, in order to utilize the Service. We may also acquire detailed information concerning the computers and Handheld Devices you use to access the Service, including telephone numbers and unique internal and network identifiers for you computers and Handheld Devices, in order to facilitate and enhance secure access to the Service.

You agree that we may place cookies and other identifiers on the computers and Handheld Devices you use to access the Service. Cookies help us confirm your identity and help us keep your transactions secure. We also use cookies for various purposes such as maintaining continuity during an online session, gather data about your use of the Service, and optimizing the performance of the Website.

In the event of an unauthorized use of your username and password, or any other security or authentication technique we utilize, you may be liable for resulting losses to the extent permitted by law, except to the extent you are eligible for and you fulfill your responsibilities under our Online Security Guarantee.

Information exchanged through the Service is protected by advanced encryption techniques while being transmitted. These security measures still require your responsible behavior in protecting your username and password for the Service. Please use maximum caution in protecting your username and password.

If you believe that your password may have been lost or stolen, or that someone has transferred or may transfer money from your account without your permission, or if you suspect any fraudulent activity on your account, please contact Wells Fargo Institutional Retirement and Trust at www.wellsfargo.com/retirementplan/contact.

VIII. Disclaimer of Warranties; Limits on our Liability and Obligations to You; Your Agreement to Indemnify Us Against Certain Losses

A. Disclaimer of warranties. To the fullest extent permitted by law, we make no warranties of any kind for the Service, either express or implied, including but not limited to, implied warranties of merchantability or fitness for a particular purpose. We do not warrant that the Service will be uninterrupted or error free, that defects will be corrected, or that our Website that makes the Service available is free of viruses or other harmful components.

B. Limits on our liability and obligations to you. In no event will Wells Fargo or any of its officers, directors, shareholders, parents, subsidiaries, affiliates, agents, licensors, or third-party service providers be liable for any consequential(including without limitation, loss of data, files, profit or goodwill or the costs of procurement of substitute goods or service) indirect, incidental, special or punitive damages, whether in an action under contract, negligence or any other theory, arising out of or in connection with this Agreement, the Service, or the inability to use the Service, even if advised of the possibility of such damages. Some states may prohibit the limitation of liability for consequential or incidental damages. In those states the limitation of liability with respect consequential or incidental damages (or other damages specified by law in such state) may not apply.
Except as specifically provided in this Agreement or otherwise required by applicable law, we (and our service providers or other agents) will not be liable for:

  • any loss or liability you may incur resulting in whole or part from any failure or misuse of
    • your equipment, or
    • software provided by an external company such as an Internet browser provider, an Internet access provider, an online service provider or an agent or subcontractor of any of them, or
  • any direct, indirect, special or consequential, economic or other damages arising in any way out of your access to or use of, or failure to obtain access to the Service.

Wells Fargo does not make any representation that any content or use of the Service is appropriate or available for use in locations outside of the continental United States, Alaska or Hawaii.

We will not be obligated to honor, in whole or in part, any transaction or instruction which:

  • is not in accordance with any term or condition of this agreement or any other agreement or term applicable to the relevant Eligible Account or Online Account Service;
  • we have reason to believe may not be authorized by you or any other person whose authorization we believe is necessary or involves funds or other property subject to a hold, dispute, restriction or legal process we believe prevents the transaction or instruction;
  • would violate
    • any applicable provision of any risk control program of the Federal Reserve or the Office of the Comptroller of the Currency, or
    • any applicable rule or regulation of any other federal or state regulatory authority;
  • is not in accordance with any other requirement of our policies, procedures or practices; or
  • we have other reasonable cause not to honor for our or your protection.

In no event will Wells Fargo be liable for any failure of availability or performance due to system maintenance or circumstances beyond our control (such as power outage, computer virus, system failure, fire flood, earthquake or extreme weather).

C. Your agreement to indemnify us. Except to the extent that we are liable under the terms of this Agreement or another agreement or applicable law governing the applicable Eligible Account or Online Account Service, you agree to indemnify, defend, and hold us, our affiliates, officers, directors, employees, consultants, agents, service providers, and licensors harmless from any and all third-party claims, liability, damages, and/or costs (including but not limited to reasonable attorney’s fees) arising from:

  • a third-party claim, action, or allegation of infringement, misuse, or misappropriation based on information, data, files, or other materials submitted by you to us;
  • any fraud, manipulation, or other breach of this Agreement or the Service;
  • your violation of any law or rights of a third party, or
  • the provision of the Service or use of the Service by you or any third party.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. You will not settle any action or claims on our behalf without our prior written consent. This indemnification is provided without regard to whether our claim for indemnification is due to the use of the Service by you or your Authorized Representative.

IX. Financial Management Software

A. Description of Financial Management Software. Download services for Eligible Accounts may allow you to download certain information into Quicken®, QuickBooks®, Microsoft® Money, Microsoft® Office Accounting, and other software we may identify from time to time on the Website that you have installed on your computer (collectively " Financial Management Software"). You are responsible for obtaining a valid and separate license agreement with the provider of your Financial Management Software. Your license agreement with the provider of your Financial Management Software may restrict the duration of your online access; we will not be liable for any such limitations or restrictions.

The following is a brief description of the various features of and requirements for accessing the Service using your Financial Management Software. From time to time, we may add to, modify, or delete any feature of your ability to access the Service through your Financial Management Software at our sole discretion.

B. Account Information. You understand and agree that:

  • not all of the information in your Eligible Accounts can be downloaded into your Financial Management Software;
  • information you can download may not include all of your account activity;
  • statements generated by us are the official record of account transactions, positions and balances, and that the information you download is for tracking purposes only and should not be considered an official record;
  • the account information will not necessarily reflect banking, financial, or investment activities and transactions that have not yet been completed or settled and will only reflect the account information in your Eligible Accounts at the exact point in time that you download the information (for example, trades that have not yet been settled may not be reflected);
  • account information in your Eligible Accounts may reflect transactions as of a prior time period and may not be current as of the point in time that you download such information;
  • the account information that you download to your Financial Management Software will not be automatically updated by us, and that you will have to update the Eligible Account information by downloading more current information from your accounts (for example, stock prices, and/or the value of the investments we hold in your Eligible Accounts, may be reflected at the prices at the close of the prior trading day and not at the current prices);
  • the Eligible Account information may include information you have provided to us (for example, cost or tax basis information for securities we have transferred into your IM&T Accounts and that you are solely responsible for the accuracy of this information; and
  • we are not liable for any loss, damages or expenses of any kind as a result of your reliance upon the Eligible Account information in your Financial Management Software, which, for example, as stated above, may not be the most updated information and it may not include pending transactions such as a stock sale or purchase which has not settled.

C. Security of data transmission and storage. You agree and understand that:

  • you assume all risk that any Eligible Account information you download and store in your Financial Management Software may be accessed by unauthorized third parties;
  • if you send the information in a manner that is not secure, or if you take the Eligible Account information out of our secure computers by downloading it, we are no longer responsible for the security and confidentiality of that information, and that the responsibility is now yours (or may be shared with others, such as your Financial Management Software provider); and

we are not responsible for the security and confidentiality of the Eligible Account information if you: (i) use wireless connections to download your account information, in which case you acknowledge such connection may permit other persons to access the information being downloaded, or (ii) allow other persons access to your Financial Management Software. You agree that any Eligible Account information that you download is done at your own risk and you are solely responsible for any damage that might occur to the computer (or other electronic device) to which you download any information, or any loss or corruption of data that might occur as a result of the downloading or its storage in a computer or other electronic device.

D. Disclaimers

  1. You agree and understand that the Eligible Account information you download through your Financial Management Software is provided to you "as is" and "as available."
  2. You agree and understand that we make no warranties and have no liability as to
    • The accuracy, completeness, availability or timeliness of the Eligible Account information, text, graphics, or other items in the Eligible Account information that you can download through the download service;
    • The errors or omissions in the delivery or transmission of the Eligible Account information from us to you (and "you" includes delivery to your Financial Management Software and/or your computer); and
    • The download option’s fitness for a particular purpose and non-infringement of any third party rights.
  3. You understand that some states do not allow limitations on how long an implied warranty lasts, so that the above limitations may not apply to you, and that you may also have other rights, which vary from state to state.
E. Additional limitations of liability for access to the Service through your Financial Management Software

You agree that we will not be liable to you for:

  • your inability to use the download service;
  • the accuracy, timeliness, loss or corruption, or misdelivery, of any Eligible Account information or any other information;
  • unauthorized access to your Eligible Accounts or to your account information and any misappropriation, or alteration, of your account information or data, to the extent the unauthorized access results from your acts or omissions;
  • your inability to access your Eligible Account (including but not limited to, failure of electronic or mechanical equipment, interconnect problems with telephone providers or Internet service providers ("ISPs"), natural disasters, strikes, or other labor problems); or
  • any other matter relating to the download option.

X. Third-Party Software

A. Description of Third-Party Software

From time to time, we may offer third-party software tools and products that you may elect to install on your computer (collectively "Third-Party Software"). You are responsible for obtaining a valid and separate license agreement with the provider of the Third-Party Software.

B. Security of data transmission and storage for Third-Party Software

  1. You agree and understand that:
    • you assume all risk that any Third-Party Software you download and install, or any information you enter into the Third-Party Software, may be accessed by unauthorized third parties; and
    • if you use the Third-Party Software to transmit information, you and the Third-Party-Software provider are responsible for the security and confidentiality of that information.
  2. You agree that any Third-Party Software that you download is done at your own risk and you are solely responsible for any damage that might occur to the computer (or other electronic device) to which you download any Third-Party Software, or any loss or corruption of data that might occur as a result of the downloading or its installation in a computer or other electronic device.
  3. You also agree and understand that you are solely responsible for acquiring and maintaining a computer or other electronic device that has capabilities of handling and accessing the Third-Party Software (including the necessary equipment, including but not limited to a modem), and that you are responsible for all costs associated with accessing the Third-Party Software.

C. Disclaimers for Third-Party Software

  1. You agree and understand that any Third-Party Software you download through your Financial Management Software is provided to you "as is" and "as available."
  2. You agree and understand that we make no warranties and have no liability as to:
    • The accuracy, completeness, availability or timeliness of the information, text, graphics, or other items provided, stored, evaluated or processed through the Third-Party Software;
    • The errors or omissions in the delivery or transmission of the Third-Party Software from us to you (and "you" includes delivery to your Financial Management Software and/or your computer); and
    • The Third-Party Software's fitness for a particular purpose and non-infringement of any third-party rights.
  3. You understand that some states do not allow limitations on how long an implied warranty lasts, so that the above limitations may not apply to you, and that you may also have other rights, which vary from state to state.

D. Additional limitations of liability for Third-Party Software

You agree that we will not be liable to you for:

  • your inability to use the Third-Party Software;
  • the accuracy, timeliness, loss or corruption, or misdelivery, of any Eligible Account information or any other information processed by the Third-Party Software; or unauthorized access to your Eligible Accounts or to your account information and any misappropriation, or alteration, of your account information or data as a result of your installation or use of the Third-Party Software.

XI. Fees

Except for fees separately disclosed to you in connection with an Eligible Account or Online Account Service, there are no monthly or transaction fees for accessing Eligible Accounts or the Online Account Services through the Service. We will notify you in writing of the fees and charges if we establish them for the Service. We may, in our discretion, change such fees and charges upon 30 calendar days prior written notice.

Other fees may be assessed and billed separately by your Internet and/or telephone service provider.

XII. Notices and communication

A. Generally. Except as expressly provided otherwise in this Agreement, we will provide you notices and other information regarding your Eligible Account, Online Account Service, or the Service (collectively "Account-Related Information") through mail, electronically, or by other means available. This information will be sent to the postal or electronic address ("E-Address") of the Owner of the applicable Eligible Account or Online Account Service as reflected in our records, unless a different postal or electronic address has been specified in accordance with procedures we may establish from time to time. The E-Address may be an e-mail address, other Internet address, text messaging number, or other electronic access address provided to us in accordance with this Agreement. Any notice or Account-Related Information we send you will be effective when mailed, sent electronically or otherwise made available to you, unless otherwise specified in the notice or Account-Related Information. Any Account-Related Information will be deemed to have been received by you on the date sent. Account-Related Information that is held for pick-up or posted on our Website will be deemed to be delivered to, and received by, you at the time that we make it available for pick-up, display it to you, or send notice in accordance with this Agreement that it is posted on our Website, as applicable. We reserve the right at all times to communicate all Account-Related Information to you through the U.S. Postal Service or overnight courier, at our sole option.

B. Electronic delivery and communication. Unless otherwise required by applicable law, if we are required to provide you with information in writing, we may, at our option, send it electronically either:

  • to your E-Address,
  • by posting the information on our Website or to your online banking secure mailbox, and sending you a notice to your postal address or E-Address (either separately or as part of an account statement) telling you that the information has been posted and providing instructions on how to view it, or
  • to the extent permitted by law, by posting the information to our Website. You agree that we may satisfy our obligation, to the extent we have an obligation, to provide you with an annual copy of our Privacy Policy by keeping it available for review on our Website.

You agree that we may from time to time make telephone calls and send text messages to you in order for us to:

  • service your accounts,
  • collect any amount you may owe, or
  • discuss our relationship, products and services with you.

The ways we may call you include using prerecorded/artificial voice messages. We may call you and send text messages to you at any telephone number you have provided to us, including mobile/cellular telephone numbers that could result in charges to you. In the event you ever withdraw this consent, and notwithstanding that withdrawal, you expressly authorize us to use any of the methods described above to send you messages confirming your instructions sent to us via SMS text message, including a confirmation from us in the event you withdraw your consent.

C. Returned, unclaimed Account-Related Information. Unless otherwise prohibited by the laws governing your Eligible Account or Online Account Service, this Sub-section applies if two or more separate Account-Related Information documents are returned or, in the case of electronic notifications, one or more notices are returned as undeliverable. This means we may discontinue sending Account-Related Information or electronic notifications to you until you provide a valid postal or E-Address to us. Additionally, we may, at our sole option:

  • destroy Account-Related Information that is sent to you and returned to us as undeliverable,
  • hold the Account-Related Information for you to pick-up, or
  • discontinue sending the Account-Related Information through the delivery channel generating returns and utilize an alternative delivery channel.

For example, if we are sending your Account-Related Information to you via the U.S. Postal Service, and the information is returned to us as undeliverable on two or more occasions, we may attempt to deliver the information to your E-Address, instead. If we hold Account-Related Information for you to pick-up and it remains unclaimed for 60 days, we may send the Account-Related Information to the address reflected in our records for your Eligible Account or destroy it.

D. Postal address changes. Postal address changes made with us will not be effective with respect to any employer-sponsored retirement or deferred compensation plan offered by your current employer at the time of the address change. You must contact your current employer to change any record related to your current employer’s retirement or deferred compensation plans. If you no longer work for your employer and the Website offers you this capability, you agree that you will update your postal address immediately in the event of a change.

We may act on any instruction purportedly made on your behalf within a reasonable time after we receive such instruction. Unless you instruct us otherwise, we may in our sole discretion change the postal address only for the account(s) you specify or for all or some of your other account(s) with us.

E. E-Address changes. You agree that you will update your address immediately in the event of a change to your E-Address.

We may act on any instruction purportedly made on your behalf within a reasonable time after we receive such instruction. Unless you instruct us otherwise, we may in our sole discretion change the E-Address only for the account(s) you specify or for all or some of your other account(s) with us.

F. Implementation of notices. Any notice you send us will not be effective until we actually receive it and have a reasonable opportunity to act on it. If there is an Authorized Representative on your Eligible Account, we may send Account-Related Information to your Authorized Representative. You assume the risk of loss in the mail or otherwise in transit.

XIII. Linked sites

A. Description of Linked Sites. We may provide links to independent third-party service providers on our Website (“Linked Site Providers”). When you leave the Website to use the services of, or complete transactions with, a provider of a Linked Site, your use of the third party service provider's site and services are governed by the terms of use of the provider of the Linked Site. Linked Sites include, but are not limited to, co-branded Web sites - sites displaying a Wells Fargo header but also including the name of the third party provider - and independent third party websites reached through navigation from the Website or other Linked Sites.

The terms of use applicable to each Linked Site may be presented to you prior to completing a session or transaction on the Linked Site by means of a child browser window or screen and/or at the bottom of each page of the Linked Site. In the event you choose to use the services available at a Linked Site, you agree to read and adhere to the policies and terms of use applicable to that site. In the event you are not presented with terms of use applicable to a Linked Site, the terms of use herein shall govern your use of that site.

You acknowledge and agree that the material, information, content, products and services offered or provided at the Linked Sites or by the Linked Site providers, including without limitation any and all promotions and advertising, are not supplied or controlled by us.

We make no promises regarding the materials, information, content, products or services provided at the Linked Sites. In addition, any advice, opinions, or recommendations provided by the Linked Site providers are those of the providers and not ours. Your participation in any Linked Site, including payment for and the delivery of goods or services, is based solely on your arrangements with the Linked Site provider.

B. Registration. You may be invited to register at the Website to help us tailor the Service provided and to alert you to other products and services. In registering for the Service, you agree to provide accurate, true, current, and complete information as requested by the registration screens. As a convenience to you, a profile will be created based on the registration information that you provide.

C. Sharing of Information with Linked Site Providers. By clicking on a link to a Linked Site, you authorize us to transfer certain of your registration information to the providers hosting the Linked Sites when you access a Linked Site.

No information other than the registration information that you provide to us will be provided to the Linked Site providers that you choose to access via the Service. You agree that we may release such information to the Linked Site providers when you access a Linked Site and you release us from any and all liability for transferring and disclosing your registration information to the Linked Site providers.

You agree that we may take note of account information and other information regarding your interests that we obtain from you. This information will not be shared with any third party, with the exception of the transfer of information you have explicitly authorized under this Agreement.

XIV. General Provisions

A. Amendments to this Agreement. Except as otherwise required by law, rule, or regulation, we may change the terms of this Agreement from time to time and at any time. This may include adding new or different terms to, or removing terms from, this Agreement. When changes are made, we will update this Agreement at the Website. The Website will be updated on or before the effective date, unless an immediate change is necessary to maintain the security of the system or unless a law, rule or regulation requires that it be updated at an earlier time.

If such a change is made, and it can't be disclosed without jeopardizing the security of the system, this Agreement will be updated within thirty (30) days after the change. You will be notified as soon as possible when any changes are made which materially affect your rights, such as changes regarding how your information is maintained or used, or changes to the terms of this Agreement. By continuing to use the Service after we send you notice of any change, you agree to the change.

Changes to fees or terms applicable to Eligible Accounts are governed by the agreement otherwise governing the applicable account. Except as otherwise required by law, any change to this Agreement applies only to transaction that occur, or claims that arise, after the amendment becomes effective.

B. Termination of this Agreement. This Agreement will be in effect from the date of your enrollment in the Service and at all times while you are using the Service or any Online Account Service. Unless otherwise required by applicable law, either we or you may terminate this Agreement and/or your access to any Eligible Account or Online Account Service through the Service, in whole or in part, at any time without notice. The termination of this Agreement will not terminate your obligations or our rights arising under this Agreement before such termination.

Access to an Eligible Account or the Online Account Services through the Service, in whole or in part, may be suspended and/or reinstated by us, at our discretion, at any time. If reinstated, the then current terms of this Agreement will control.

All applicable provisions of this Agreement will survive termination by either you or us, including without limitation, provisions related to intellectual property, warranty disclaimers, limitations of liability, indemnification, and the miscellaneous provisions.

C. Assignment. We may assign our interest in this Agreement to Wells Fargo & Company or to any now-existing or future direct or indirect subsidiary of Wells Fargo & Company. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties. This Agreement and your rights and obligations under this Agreement are not assignable by you without our prior written consent.

D. Proprietary Rights. Other than your personal account information, all content included or available on the Service, such as advertisements, text graphics, logos, button icons, images, audio clips, and software, is the property of Wells Fargo, and/or third parties and is protected by copyrights, trademarks, or other intellectual and proprietary rights. The compilation (meaning the collection, arrangement, and assembly) of all content on the Service is the exclusive property of Wells Fargo and/or its licensors and is protected by copyright or other intellectual property rights.

The trademarks, logos, and service marks displayed on the Service (collectively the "Trademarks") are the registered and unregistered trademarks of Wells Fargo, or third parties. Under no circumstances may you use copy, alter, modify, or change these Trademarks. Nothing contained on the Service should be construed as granting by implication or otherwise any license or right to use any Trademark without the express written permission of Wells Fargo, or the third party which has rights to such Trademarks, as appropriate.

E. Disclosure of Information. The circumstances under which we will disclose information about you, your Eligible Accounts, or your Online Account Services is set forth in the information that has been separately disclosed to you in the contracts, notices, and disclosures that have been separately provided to you and in accordance with our policy disclosed at our Website.

F. Dispute Resolution Program. This Agreement is subject to Wells Fargo’s Dispute Resolution Program, available on the Website. Under the terms of the Dispute Resolution Program, you agree with us to use binding arbitration for most disputes arising under the Agreement or concerning the Service and to waive the right to a trial by jury and to waive class-action rights.

G. Governing Law. This Online Access Agreement will be read and interpreted according to the laws of the State of South Dakota, without regard to conflict-of-law rules. In any legal action or claim regarding this Online Access Agreement, the prevailing party will be entitled to recover costs and reasonable attorney’s fees.

H. Entire Agreement. In combination with other applicable Wells Fargo agreements, this Agreement represents the agreement between you and Wells Fargo regarding the Service and merges and supersedes all previous and contemporaneous written or oral agreements and understandings regarding the subject of online access to the Service. Each of the rules, terms, and conditions set for the in this Agreement stand alone. Any term or condition contained in this Agreement which is inconsistent with the laws governing the Service will be deemed to have been modified by us and applied in a manner consistent with such laws. Except as otherwise expressly provided in this Agreement, if any provision of this Agreement is held to be invalid or otherwise unenforceable, the remainder of the provisions will remain in full force and effect and will in no way be invalidated or otherwise affected.

I. Waiver. We may agree in writing (or otherwise) to waive a provision of this Agreement, including a fee (a “waiver”). We may revoke a waiver.

J. Failure to act is not a waiver. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

K. Headings. Headings are for reference only and in no way define, limit, construe, or describe the scope or extent of such section.