Last Revised: August 2016
|Introduction||Online Services Profile Updates and Communications|
|Proprietary Nature of Site and Content||Communications|
|Trademarks, Servic Marks and Copyrights||Security|
|No Representation as to Suitability; No Investment Advice||Financial Management Software|
|Investment Advice||Warranty Disclaimer; Limitation of Liability|
|U.S.-Based Site and Services; Availability of Products and Services||DMCA Policy|
|Use of Online Services||Dispute Resolution and Arbitration|
|Children||Registration and Access Codes|
A Proprietary Nature of Site and Content
Trademarks, Service Marks and Copyrights
The stylized AEGON logo is a federally registered trademark of AEGON NV, and TRANSAMERICA, the Transamerica Pyramid building, and Transamerica Pyramid logo are federally registered trademarks of the Transamerica Corporation. Images, trademarks, service marks, logos, and icons displayed on this Site are the property of the Company or its licensors and may not be used without our prior written consent.
We may provide hyperlinks to third party sites (“Third Party Sites”). Third Party Sites are not maintained by, related to, sponsored by or affiliated with us and are provided solely as a service and convenience to you. Third Party Sites are to be accessed at your own risk, and we make no representations or warranties about the content, completeness, accuracy or security of Third Party Sites.
Please review our Online Privacy Statement, which also governs your access to the Site and use of the Online Services.
No Representation as to Suitability; No Investment Advice
Nothing on this Site or in any of the Content (including the results of any online retirement calculators) should be construed as rendering tax, legal, investment, or accounting advice. The posting of any prospectus or any other Content on this Site (including the results of any online calculators) is solely for convenience and informational purposes and should not be interpreted as a recommendation or opinion that you should make any purchase or sale or participate in any transaction. We make no representation as to the financial investment or suitability of any product or service described on this Site for any user. All such information is general in nature and does not consider your personal financial situation, nor constitute an endorsement or recommendation of any investment program, service or other product, or the suitability of it for you. In order to evaluate whether a particular product or service is suitable for your financial needs, you should contact a qualified financial professional. Nothing on this Site constitutes an offer to sell or a solicitation to buy any security or any insurance product. All insurance or securities transactions require signed agreements between us and our customers, and the terms of those agreements are binding on the parties.
All of the Company’s or its parent financial information on this Site, whether historical in nature or forward-looking, including those about management expectations, strategic objectives, growth opportunities, business prospects, anticipated financial results and other similar, matters speaks only as of the date the information is posted on this Site. Forward-looking statements represent only management’s beliefs regarding future performance, which is inherently uncertain. There are a variety of factors, many of which are beyond the Company’s or its parent’s control, which affect its operations, performance, business strategy and results and could cause its actual results and experience to differ materially from the expectations and objectives expressed in any forward-looking statements. These factors include, but are not limited to, actions and initiatives taken by current and potential competitors, general economic conditions, the effects of current, pending and future legislation, regulation and regulatory actions, and the other risks and uncertainties detailed in this report. Accordingly, you are cautioned not to place undue reliance on forward-looking statements. We do not undertake any obligation to update such information after it is posted or to remove such information if it is not accurate or complete. You should, however, consult further disclosures the Company or its parent may make in future filings of its Annual Report or other filings with the US Securities and Exchange Commission or the Netherlands Authority for the Financial Markets.
U.S.-Based Site and Services; Availability of Products and Services
This Site is controlled by us from our offices within the United States. The products and services referred to on this Site are generally offered and sold only to persons in the United States and its territories except in limited circumstances where a certain product or service may be offered and sold outside of the United States. Additionally, some products may not be available in all jurisdictions and/or may be subject to eligibility requirements. No security, advisory, or insurance product or service is offered or will be sold in any jurisdiction in which such offer or sale would be unlawful under the securities, advisory, insurance, or other laws of such jurisdiction. Product, services or advisory fees and other charges identified on the Site are provided for general information purposes only and are subject to change. You should consult the prospectus, policy, certificate, account or plan documents or a qualified financial professional for information regarding the products, fees, programs and services that may be available to you.
Access to the Content or Online Services from jurisdictions where such access is illegal is prohibited. You are responsible for your compliance with all applicable laws and you may not use or export the materials in this Site in violation of U.S. export laws and regulations, or the laws of your local jurisdiction. By downloading Content or using Online Services, you warrant that you are not in a country where such export is prohibited, that you are not a person or entity to which such export is prohibited, and that you are otherwise in compliance with the laws of your local jurisdiction regarding the import, export, or re-export of any Content.
Use of Online Services
Online Services generally require you to register at the Site and log-on with a user name, password and in some instances answers you provide us to security questions (the “Access Codes”). Online Services may include, for example, address or beneficiary changes, obtaining balance information, viewing transaction histories, submitting claims or performing other authorized transactions. The Company may, from time to time, introduce new features or eliminate features to suite of the Online Services by updating the Site. Your use of the Online Services is subject to applicable laws and:
Registration and Access Codes
We are entitled to act on any and all instructions received through the use of your Access Codes, and you agree that the use of your Access Codes will have the same effect as your signature, including but not limited to, authorizing instructions. Access Codes are for your individual use only. We may monitor your Access Codes and, at our discretion, require you to change your user name, password or other security features we implement and use from time to time. However, you are responsible for the security of your Access Codes. If you believe your Access Codes have been lost or stolen or that someone may have unauthorized access to your account, you should contact us immediately at 1-877-717-8858. We are not responsible for damages or losses resulting from any breach of security caused by your failure to maintain the confidentiality of your Access Codes or any other security or authentication technique we utilize, unless otherwise required by law. If you make your Access Codes available to others, then you agree to defend, indemnify and hold us harmless from and against any liability, losses, damages, or costs and expenses (including attorneys' fees) arising out of, related to or resulting from, such access and related use of Online Services (including access to your online accounts). We reserve the right to block access to the Online Services for any reason, including security concerns.
Online Services Profile Updates and Communications
You agree to provide us true, accurate, current and complete information about yourself and your account during the registration process or as otherwise requested in connection with use of the Online Services, including your email address, phone number and other contact information (“Profile Information”), and to regularly update this information to maintain its completeness and accuracy. Any change that you make to your Profile Information will apply only to the account for which you make the change. If you have more than one account, you may have the option to update your Profile Information for each other account automatically.
To the extent necessary to carry out your instructions with respect to an Online Service, you authorize us to send email, text, and/or other electronic communications to you, and other persons on your behalf. Email, text and/or other electronic communication sent to others pursuant to your instructions and on your behalf may identify you by name and may state that we are sending such communication on your behalf and according to your instructions. We may send and by using the Online Services you consent to us sending email and text messages to any email address or phone number you have provided to us. In addition, we may use your Profile Information (including email address) for notifications related to your account or use of the Online Services and as set forth in the Online Privacy Statement. We may require certain email or other communications to be conducted through secure or encrypted email. We will never ask you to send personal information such as account or Social Security numbers by non-secure email.
Further, you agree that you will not use an email to the Site to request, authorize, or affect the purchase or sale of any securities or other product or service, to change your address or other account information, to change your Access Codes, to transmit personal credit information (including credit card numbers), to send fund transfer instructions, or for any other financial transactions that require formal authorization in accordance with applicable law or our policies and procedures. We will not accept or process any requests or instructions submitted to the Site by email and are not responsible for any act or failure to act as a result of any such email communication to the Site. We are not responsible for any loss or damage that result from any unauthorized access to, or use by third parties, of any information you transmit to the Siteby email.
There is always the possibility of unknowingly acquiring computer viruses or other malicious code (“Viruses”) through use of the Internet or third party sites or applications. It is your responsibility to scan any and all downloaded materials received from the Internet, third party sites or applications. We are not responsible or liable for any damage caused by Viruses or related hazards, whether or not that Virus or related hazard resulted from use of the Site or Online Services. You, and not the Company, assume the entire cost of all necessary servicing, repair, or correction related to Viruses.
Financial Management Software
In the event the Online Services allows you to download certain information into Microsoft® Money, Microsoft® Office Accounting, Quicken®, QuickBooks® and other software we may identify from time to time on the Site (collectively "Financial Management Software"). You are responsible for obtaining any such Financial Management Software and entering into, and complying with, any license agreement required in connection with the use of such software. In connection with your use of any Financial Management Software, you understand and agree that:
Warranty Disclaimer; Limitation of Liability
THE SITE, CONTENT AND ONLINE SERVICES ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. YOUR ACCESS TO AND USE OF THE SITE, CONTENT AND ONLINE SERVICES IS AT YOUR OWN RISK. THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY AND/OR NONINFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON THIS SITE OR ANY ONLINE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. WE DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE, OR THE RESULTS OF USE, OF THE CONTENT IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND WE MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER THE COMPANY NOR ITS LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, BROKERS, REPRESENTATIVES, OFFICERS, AND/OR DIRECTORS, WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE, THE ONLINE ACCOUNT SERVICES OR THE CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF PROHIBITED BY APPLICABLE STATE LAW, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS SHALL NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS AS SET FORTH UNDER SUCH APPLICABLE STATE LAWS.
With respect to any comments, reviews or other content that you post, or any questions, suggestions, ideas, or other information you submit, in connection with the Site and/or certain Online Services (collectively, “Submissions”), you hereby grant us the royalty-free, perpetual, irrevocable, worldwide, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all Submissions, and to incorporate any Submission in other works, in any form, media, or technology now known or later developed. We will not be required to treat any Submission as confidential, and may use any Submission in our businesses (including without limitation, for products or advertising) without attribution and without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future operations.
You may not post, send, submit, publish, or transmit in connection with this Site any Submissions that:
In accordance with the Digital Millennium Copyright Act (“DMCA”), Pub. L. 105-304, we have designated an agent to receive notification of alleged copyright infringement occurring on the Site, including the Transamerica.com domain. If you believe that your copyrighted work is being infringed, notify our designated agent specified below.
Attn: Law Department
4333 Edgewood Road NE
Cedar Rapids, IA 52499-0001
The Digital Millennium Copyright Act requires that all infringement claims must be in writing and must include the following information:
Upon receipt of a notice of claimed infringement that satisfies these requirements (or any statement in conformance with 17 U.S.C. Sec. 512(c)(3)) we will act expeditiously to remove or disable access to any content that is claimed to be infringing upon the copyright of any person under the laws of the United States and will terminate the access privileges of those who repeatedly infringe on the copyrights of others. United States law imposes substantial penalties for falsely submitting a notice of copyright infringement.
This Site does not intend to market any products or services to children under thirteen (13) years of age. We do not knowingly gather or solicit data from children under thirteen (13) years of age through this Site for marketing purposes. By using this Site you represent that you are not under thirteen (13) years of age.
Applicable Law; Time to Bring Claims
Exclusive Venue for Litigation
To the extent that the arbitration provisions provided for herein do not apply, the proper forum for any Dispute shall be in the courts of the State of Iowa for Linn County or the United States District Court, Northern District of Iowa (except for small claims court actions which may be brought in the county where you reside). You expressly consent to exclusive jurisdiction of any state or federal court for Linn County, Iowa for any litigation other than small claims court actions. Further you hereby waive any right to a jury trial.
Agreement to Binding Arbitration
JAMS’ RULES GOVERNING THE ARBITRATION MAY BE ACCESSED AT WWW.JAMSADR.COM OR BY CALLING JAMS AT 1-800-352-5267. IF YOU INITIATE AN ARBITRATION AGAINST THE COMPANY, $250 IS THE ONLY ARBITRATION FEE YOU WILL BE REQUIRED TO PAY, WHICH IS APPROXIMATELY EQUIVALENT TO CURRENT COURT FILING FEES. ALL OTHER JAMS ARBITRATION COSTS WILL BE BORNE BY THE COMPANY, INCLUDING ANY REMAINING JAMS CASE MANAGEMENT FEE AND ALL PROFESSIONAL FEES FOR THE ARBITRATOR’S SERVICES. THE PARTIES UNDERSTAND THAT, ABSENT THIS MANDATORY PROVISION, THEY WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. THEY FURTHER UNDERSTAND THAT, IN SOME INSTANCES, THE COSTS OF ARBITRATION COULD EXCEED THE COSTS OF LITIGATION. THE PARTIES ALSO UNDERSTAND THAT ALTHOUGH ARBITRATION ALLOWS FOR THE DISCOVERY OR EXCHANGE OF NON-PRIVILEGED INFORMATION RELEVANT TO THE DISPUTE, THE RIGHT TO DISCOVERY MAY BE MORE LIMITED IN ARBITRATION THAN IN COURT.
Class Action and Class Arbitration Waiver
Exception - Small Claims Court Claims
Notwithstanding the parties' agreement to resolve all Disputes through arbitration, either party may seek relief in a small claims court for Disputes or claims within the scope of that court's jurisdiction.
30 Day Right to Opt Out
You have the right to opt-out and not be bound by the arbitration provisions and class action waiver set forth in this section by notifying us in writing at Transamerica, Attn: Corporate Law, 4333 Edgewood Rd NE, Cedar Rapids, IA 52499 or email us at email@example.com within thirty (30) days of your registration on or use of the Site. When providing notice to us of your intent to opt out via U.S. Mail, you must provide your first and last name, policy, certificate, contract, or account number if known, and last four digits of your social security number, or if notifying us via email at firstname.lastname@example.org you must provide your first and last name and the product or account type you have with Transamerica or its affiliates (e.g., annuity, mutual fund, insurance policy, 401(k) account). Otherwise, you shall be bound to arbitrate Disputes in accordance with the terms of this arbitration provision. If you opt-out of these arbitration provisions, then the Company also will not be bound by them.
Last Modified: July 1, 2016