Privacy Policy and Terms of Use

WHO WE ARE
Who is providing this notice?	Empower and its affiliates. A list of companies is provided at the end of this notice.
WHAT WE DO
How does Empower protect my personal information?	To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include physical, technical and procedural safeguards, such as building and system security and personnel training.
How does Empower collect my personal information?	We collect your personal information, for example, when you: Provide account information or apply for a loan. Enter into an investment advisory contract or seek advice about your investments. Tell us about your investment or retirement portfolio. We also collect your personal information from others, such as credit bureaus, affiliates or other companies.
Why can’t I limit all sharing?	Federal law gives you the right to limit only: Sharing for affiliates’ everyday business purposes — information about your creditworthiness. Affiliates from using your information to market to you. Sharing for nonaffiliates to market to you. State laws and individual companies may give you additional rights to limit sharing.
DEFINITIONS
Affiliates	Companies related by common ownership or control. They can be financial and nonfinancial companies. Our affiliates include companies with the Empower names, as listed below, and other financial companies such as Empower Advisory Group, LLC.
Nonaffiliates	Companies not related by common ownership or control. They can be financial and nonfinancial companies. Empower does not share with nonaffiliates so they can market to you.
Joint marketing	A formal agreement between nonaffiliated financial companies that together market financial products or services to you. Empower doesn’t jointly market.
WHO IS PROVIDING THIS NOTICE?
Empower Retirement, LLC; Empower Annuity Insurance Company of America ; Empower Life & Annuity Insurance Company of New York ; Empower Plan Services, LLC ; Empower Advisory Group, LLC ; Empower Financial Services, Inc. ; The Canada Life Assurance Company (U.S. operations); Great-West Life & Annuity Insurance Company of South Carolina; Empower Capital Management, LLC ; Empower Funds, Inc. ; Empower Trust Company, LLC ; Empower Holdings, Inc. ; Empower Annuity Insurance Company; Prudential Bank & Trust, FSB (to be merged into Empower Trust Company, LLC on or around March, 2023);  TBG Insurance Services Corporation; MC Insurance Agency Services, LLC; Mullin TBG Insurance Agency Services, LLC;COMOSA REIT Corp; Empower Personal Wealth, LLC; Personal Capital Advisors Corporation (to be merged into Empower Advisory Group, LLC on or around April, 2023); and Personal Capital Services Corporation. Empower and/or certain Affiliates also administers certain insurance policies on behalf of other insurance companies as a “Third Party Administrator” in connection with certain acquisitions it has made of businesses previously owned by other companies.

 

Last updated on February 15, 2023

Welcome to the Empower Personal Dashboard (“Dashboard”), a personalized money management solution for a better financial life. You are just minutes away from enjoying Empower’s award-winning Dashboard, allowing you to make sense of your whole financial picture wherever you are. With the Dashboard, you can effortlessly track all of your personal finances - account balances, cashflows, transactions and holdings - from the convenience of your computer, tablet or phone. Before you get started, please read the important Terms of Use Agreement below. We look forward to your use of our Dashboard.

THIS AGREEMENT REQUIRES ALL DISPUTES TO BE RESOLVED BY WAY OF BINDING ARBITRATION. THE TERMS OF THE ARBITRATION CLAUSE APPEAR IN SECTION 20 OF THIS AGREEMENT.

Terms of Use Agreement

1. Description of our Services

Our goal is to provide you (the “User” as defined below and also referred to as “you” or “your”) with a personalized money management solution for a better financial life. For purposes of these Terms of Use, our services provided through the Dashboard and specifically described in this Section below (the “Services”) are comprised of the following features, delivered to you through our Dashboard, marketing partners, and through communications with our professionals, as follows:

Financial account aggregation

We offer financial account aggregation, where you can aggregate your financial account information, such as your account balances, transactions and holdings, from financial institutions you designate. Financial account aggregation is an optional service you may utilize by providing financial account credentials, allowing you to securely connect with third-party financial institutions to present your financial information on the Dashboard. Our account aggregation services are regularly refreshed, providing you with up-to-date financial account information (some financial institutions may require you to re-authenticate your credentials on a regular basis to update your account balances).

For aggregation services, Empower utilizes Yodlee, Inc’s Fastlink platform. Yodlee, Inc. is an Envestnet company and is subject to bank-level data security and examination by the U.S. Federal Banking Agencies, per the Bank Service Company Act. Yodlee provides an added layer of security between stored data and any attempt to access it. To utilize the aggregation services, you will be required to acknowledge and agree to the Yodlee Fastlink Terms of Use.  

Financial visualizations
Your financial account information, collected through account aggregation or manual account information that you provide, is used to display your consolidated financial picture. Financial visualizations include charts, detailed transactional data and other financial account data that we present to you, summarizing your financial life at a glance.

Financial insights
Your financial account information, along with optional personal and financial information that you may provide, are used to generate financial insights. We utilize your aggregated account data, along with stated assumptions or information that you provide, to share important financial observations that can make you aware of your overall financial picture and opportunities to improve it.

Financial consultations
You may be eligible to receive a free financial consultation from one of our registered investment advisors. The consultation is optional and may be offered directly to eligible Dashboard users or through our marketing partners. A financial consultation is a personalized analysis of your financial situation, based on the information gathered from your use of our Dashboard or interactively with a registered advisor, to make you aware of potential risks and opportunities within your current financial situation. Your participation in this Service may result in an offer to enroll in our wealth management services, which are separate from the free financial consultation Service.

 

2. About Empower Personal Wealth Co.

Empower Personal Wealth, LLC (“Empower”, “we”, “us” or “our”) is a Delaware corporation and a wholly owned subsidiary of Empower Annuity Insurance Company of America.  Empower is part of the Empower family of companies as defined in our Privacy Policy that includes the following companies:

• Personal Capital Advisors Corporation: Personal Capital Advisors Corporation (“PCAC”) provides discretionary and non-discretionary investment advisory services to retail investors, and operates as an investment advisor registered with the Securities and Exchange Commission (“the SEC”) under the Investment Advisers Act of 1940, as amended. Any investment advisory services are offered only by PCAC*.
• Personal Capital Services Corporation: Personal Capital Services Corporation (“PCSC”) manages our Empower Personal Cash program, which provides services to customers who have opened an Empower Personal Cash account. 

*Effective on or around April 3, 2023, PCAC will merge, or will have merged, as applicable, with Empower Advisory Group, LLC (known as “EAG”), an investment adviser registered with the SEC and affiliate of Empower (the “Merger”). Following the Merger, EAG shall be the provider of investment advisory services to PCAC’s Clients (as hereinafter defined). For purposes of these Terms of Use, PCAC and EAG are collectively referred to as “Advisor.”

 

3. Agreement and Acceptance of Terms

These Terms of Use, along with any exhibits, disclosures, addendums or amendments hereto, as may be amended or modified from time to time (collectively, this “Agreement”), constitutes an agreement between you and Empower which sets forth the terms and conditions applicable to your access and use of our Dashboard, the webpage or webpages on which the Dashboard services are offered (the “Site”), and the Services. In this Agreement, we refer to the Dashboard, Site and Services collectively as “Dashboard Services;” we refer to those who use our Dashboard Services collectively as “users,” and we refer to those who enroll in the Advisor’s separate wealth management services as “clients.”

This Agreement does not modify any other separate agreements between you and any Empower affiliate for other services or products you may elect to use. For example, you may elect to enter into an agreement with Advisor for wealth management services, or an agreement with PCSC for the services it provides to Empower Personal Cash customers, as applicable. In such cases, the terms of those separate agreements shall govern the services covered therein.

By using the Dashboard Services you also agree to the terms of our Privacy Policy, set forth at https://www.personalcapital.com/privacy-policy/ (the “Privacy Policy”), which explains how we gather, use, disclose and manage your personal information. Terms used but not defined in this Agreement have the meanings provided to them in our Privacy Policy.

Please read this Agreement and our Privacy Policy carefully. THIS AGREEMENT REQUIRES ALL DISPUTES TO BE RESOLVED BY WAY OF BINDING ARBITRATION. THE TERMS OF THE ARBITRATION CLAUSE APPEAR IN SECTION 20 OF THIS AGREEMENT.

By accessing or using the Dashboard, the Site or any of the Services, you understand and agree to be bound by the terms and conditions of this Agreement and the Privacy Policy as they may be amended from time to time in the future. If you do not agree to this Agreement or any amendment thereto, then you may not use the Dashboard, the Site or the Services. You also agree that:

• You are able to enter into legally binding contracts, and you agree that this Agreement legally binds you in the same manner that a signed, written, paper contract does. You may not use the Dashboard Services in any manner or attempt to access the Dashboard Services if you are not willing to be bound and abide by this Agreement.
• WE ARE NOT RESPONSIBLE FOR AND DO NOT GUARANTEE THE ACCURACY, TIMELINESS, COMPLETENESS OR USEFULNESS OF ANY DATA OR OTHER CONTENT OBTAINED FROM THIRD-PARTY SOURCES (“THIRD PARTY CONTENT”) THAT IS DISPLAYED OR REPORTED THROUGH THE DASHBOARD SERVICES. We do not explicitly or implicitly endorse or approve Third Party Content. Reliance on Third Party Content available on or through the Dashboard Services is at your own risk. While the Dashboard Services provided by Empower may provide significant assistance in helping you manage your finances, you should consult with a professional financial advisor before making investment decisions or deciding on significant changes to your personal financial strategy.
• We reserve the right to change or modify this Agreement or our Privacy Policy from time to time. We also reserve the right to modify or discontinue any portion of the Services or features and functionality provided through the Dashboard, from time to time. If we decide to change this Agreement or our Privacy Policy, we will post such changes on the Dashboard or on the Site, and such changes will be effective at such time. We reserve the right to modify or temporarily discontinue your access to the Dashboard Services, with or without prior notice to you. You agree that we will not be liable to you or any third party for any modification of the Dashboard Services, this Agreement, the Privacy Policy, or your access to the Dashboard Services.
• The Dashboard Services are intended to be accessed and used only by individuals that have reached the legal age of majority in the jurisdiction where they reside, which may be 18 years or older, depending on the jurisdiction. You may not use or access this Dashboard Services unless you have reached the legal age of majority in the jurisdiction where you are a resident.

4. Your Registration Information

In order to use our Dashboard Services, you will first need to create an Empower user account (“Account”) through the Dashboard.

5. Your Electronic Disclosure Consent

By providing your email to enroll for use of the Dashboard, you consent to receive all notices and information regarding the Dashboard and other offerings, including, without limitation, the Privacy Policy and any and all other legal or regulatory notices or disclosures, electronically. Electronic communications may be posted on our Dashboard and/or delivered to your registered email address. All communications in electronic format will be considered to be in “writing,” and to have been received no later than five (5) business days after posting or dissemination, whether or not you have received or retrieved the communication. To the extent permitted by law, your consent to receive communications electronically will survive any termination of your use of the Dashboard Services to the extent you use other services offered by Empower whereby such communications are provided. In addition, such consent is not impacted by electronic communication elections you may make with respect to other Empower products or services. It is your responsibility to provide us with true, accurate and complete email addresses and contact and other information related to this disclosure, and to maintain and update promptly any changes to this information. You may print a copy of any electronic communications and retain it for your records. We reserve the right to terminate or change the terms and conditions on which we provide electronic communications, and we will provide you notice thereof in accordance with applicable law.

6. Automated Calls, Pre-Recorded Voice Messages, and SMS/Text Messaging

 

You may receive calls and/or SMS/text messages from Empower about account-related news and alerts and/or promotional and marketing offers for Empower and its affiliates’ products and services. By enrolling for use of the Dashboard or any of Empower or its affiliates’ products or services, you agree to receive such calls and/or text messages from Empower and its affiliates to the phone number you provided, and you certify that your number provided is correct and that you are authorized to enroll the designated number to receive such calls and/or text messages. You acknowledge and agree that the calls and/or text messages may be sent using an automatic telephone dialing system or pre-recorded voice messages and that standard message and data rates may apply. Consent to receive calls or text messages for promotional purposes is not required as a condition of purchase, and you may unsubscribe from such calls or texts at any time as described in the next paragraph. The calls or text messaging may not be compatible with all phone models and standard message and data rates may apply. Empower is not responsible for any delays upon sending or receiving text messages.

To unsubscribe from receiving promotional text messages at any time reply STOP, END or QUIT to any text message you receive from Empower and its affiliates. You may unsubscribe from receiving promotional or marketing calls at any time by contacting us at 855-823-3040 or donotcall-epw@empower.com.

You consent that following such a request to unsubscribe, you may receive one final text message from Empower and its affiliates confirming your request. Note that unsubscribing from promotional or marketing calls or texts will not prevent Empower and its affiliates from sending you text messages or calling you for transactional, security, and/or authentication purposes.

7. Dashboard Services – Disclaimers

 

By using the Dashboard Services, you understand and acknowledge that the investment results that you could obtain from investment information and financial insights provided by Empower cannot be guaranteed. All investments entail a risk of loss and you may lose money. You also understand that all investments are subject to various market, currency, economic, political, business and other risks. Investments, particularly those in international stocks and stocks of smaller companies, present numerous risks, can be very volatile and can result in a loss of principal. International investments include risks of currency fluctuation, political and economic instability and differences in financial reporting, in addition to the risks present in domestic investments. Investments in smaller companies may involve greater risks than investments in larger, more mature companies. The value of debt securities frequently is reduced (sometimes dramatically) by increases in interest rates. While the financial insights that we provide may assist in helping you manage your finances, you should consult with a professional investment advisor before making investment decisions or deciding on significant changes to your personal financial strategy.

At the sole discretion of Empower, and for select users only, wealth management services may be offered or solicited through an Empower personal advisor (“Personal Advisor”). All Personal Advisors are registered investment advisor representatives of Advisor. Your election to become a client is subject to your explicit enrollment and acceptance of a separate agreement and related fee schedule; all such wealth management services are separate from the Dashboard Services defined within this Agreement. Please read the disclosure brochure, available at https://www.personalcapital.com/disclosures/, which explains our separate wealth management services in more detail.

8. Cost of Service

Your use of the Dashboard Services are offered free of charge. We may offer you additional services, such as wealth management services provided by Advisor, which you may elect to participate in, for a fee. Empower reserves the right, at its sole discretion, to amend or change its pricing policy for its current Services or any additional services that we may offer.

9. Data and Data Integrity

The overall integrity and quality of the data presented by Empower to you is an important element in providing you with a high quality and accurate picture of your personal finances. Empower, however, is not responsible for and cannot guarantee the accuracy or timeliness of account information we retrieve on your behalf directly from third-party technology providers, from third-party financial institutions where your accounts are held, or from third-party research/market data providers used to provide the Services.

Empower may not be able foresee or anticipate technical or other difficulties which may result in failure to obtain data, personalization settings or other Service interruptions. Empower assumes no responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, loss of user data, communications or personalization settings. Empower encourages you to periodically confirm the valuation or execution price of particular investments through independent sources, such as an investment adviser, broker-dealer or other financial institution.

10. Other Obligations While You Use the Dashboard Services

Confidentiality: You agree and understand that you are responsible for maintaining the confidentiality of your Account’s login information and password. You should also maintain appropriate anti-virus and anti-malware software on your computer, so that your Account login information is not compromised. If you receive evidence that someone has committed fraud by accessing your Account you must contact us IMMEDIATELY at support-epw@empower.com.

Accurate and Up-to-Date Information: Our Dashboard Services depend on your providing us with complete, accurate and up-to-date information, both now and in the future about yourself and your accounts. Our ability to protect the security of your Account as described in our Privacy Policy is increased by your provision of correct contact and account information to us, and by your never misrepresenting to us your identity or account registration information (e.g., for the use of your third-party websites and accounts).

You agree that you will NOT do any of the following: (i) engage in behavior that will put your personal information at unnecessary risk, such as leaving in public, transmitting, or publishing your Login or passwords; (ii) use our Dashboard Services or any of your accounts for illegal purposes, (iii) use our Dashboard Services to transmit anything that is unlawful, libelous, intended to harass or violate the rights of another; (iv) transfer, resell or make any commercial use of the Dashboard Services, as they are intended solely for your use as an end user; (v) reverse engineer or decompile any technology associated with the Dashboard Services, including, but not limited to, any software applications, Java applets or plug-ins associated with the Dashboard Services; (vi) use any robot, spider, webcrawler, scraper, deep link or similar automated extraction or data gathering mechanism, program or tool to access, copy or monitor our Dashboard Services or any portion thereof without our prior written consent; (vii) post or transmit any file or email which contains viruses, worms, Trojan horses or any other damaging or destructive elements; or (viii) create/register accounts or aggregate financial institutions with the Dashboard Services through unauthorized means, including, but not limited to, by using an automated device, script, bot, spider, crawler or scraper.

Consent to Recording. You consent to the recording of any electronic or written correspondence, communication, or interaction, and any or all telephone conversations between you, us and any of our affiliates. Your consent is ongoing and need not be confirmed prior to or during such recording, except to the extent that applicable law expressly requires otherwise. You agree and understand that such recordings may be submitted as evidence in any legal proceeding relating to this Agreement. For compliance and regulatory purposes, we reserve the right to keep an audit trail of all financial insights or investment advice that we have provided to you.

11. Confidentiality and Feedback

We always welcome your correspondence, feedback, comments, complaints and suggestions (collectively, “Feedback”) as this will help us improve our Services. You agree that all Feedback becomes our proprietary and confidential information (“Confidential Information”). Feedback may be submitted to support-epw@empower.com.

12. Third Party Software and Service Providers

To facilitate our provision of the Dashboard Services, we license software, tools and services from third-party providers. From time to time, we may revise this Agreement as requested by our third-party providers and require that you agree to additional pass-through terms with respect to such third-party providers. In the event that any use of the services of such third-party providers results in you leaving our Dashboard and entering the site of a third-party provider, then you will be subject to the terms of service or use and the privacy policy of such third-party provider, so please review such terms carefully. Also, when you use or access the sites of your financial services providers, you will be subject to their terms of service or use and policies. Empower may provide to our users the ability to share their experiences on social media platforms such as Facebook®, Twitter® and LinkedIn® that enable online sharing and collaboration among users who have registered to use them. Any content you post, including, but not limited to, pictures, information, opinions or any personal information that you make available to other participants on these social platforms, is subject to the terms of service or use and policies of those platforms. Please refer to those social media platforms to better understand your rights and obligations with regard to such content.

13. Insights and Third-Party Offers

You understand and agree that any insights you may gain through your use of the Dashboard Services is not deemed financial or investment advice. Advisor can provide more extensive advisory services, such as discretionary money management, under a separate advisory agreement with you.

Third-Party Offers: Some parts of the Dashboard Services may, either today or in the future, be supported by advertising or marketing partnership relationships. We will always disclose when a particular Empower third-party offer is sponsored or when a third party compensates Empower in connection with the sponsored offer.

14. User Referral Program

Empower’s Referral Program (the “Referral Program”) allows users (“Referring User(s)”) to receive benefits in the form of referral incentives (“User Incentive(s)”) by referring friends (“Referred Friend(s)”) to become new users of Empower’s Dashboard.

Eligibility

Eligible Referred Friends may also receive User Incentives. To qualify for User Incentives, a Referred Friend must sign up for the Dashboard through the individualized referral link provided in the Referring User’s Dashboard. The Referred Friend must link at least one valid investment account (e.g., brokerage, 401k or IRA) containing a balance of more than $1,000 U.S. Dollars within 30 days of registering for the Dashboard. Referred Friends must agree to Empower’s Terms of Use and the terms and conditions of the Referral Program as described in this Section. Accounts that do not qualify as valid investment accounts include bank, credit or debit card, Paypal, Stash, Acorns, Kapitall, Groundfloor, WageWorks HSA, Coinbase, digital currency exchanges, and manual investment accounts.

The Referral Program is only available to friends who are first-time users of the Dashboard and link a valid investment account as described in this Section. Investment accounts that have already been linked to any Empower user account are ineligible. Empower user accounts that have previously been closed or deleted are also ineligible.

User Incentives

If a Referred Friend successfully completes the required enrollment process as described in this Section, both the Referring User and the Referred Friend will qualify to receive User Incentives. User Incentives may include offers for gift cards, Empower Cash funds, physical goods, access to live or online events, or donations to organizations. The scope, variety, type, or amount of User Incentives may change and vary by promotion and will be disclosed in promotional materials. User Incentives may be delivered by physical mail or electronically to the registered emails of Referring Users and Referred Friends. Empower employees are not eligible to receive User Incentives.

Promotions offered through the Referral Program are not valid with any other offers. Except as required by law, User Incentives cannot be transferred for value or redeemed for cash. The Referral Program is available only to U.S. residents. User Incentives are void where prohibited. Unless otherwise specified, third parties, including those whose names may be associated with certain User Incentives, are not sponsors of the Referral Program or any other Empower promotion or offer.

Additional Referral Program terms

Referring Users may not receive more than 30 User Incentives in 30 days and may not receive more than 100 total lifetime User Incentives.

Referring Users and Referred Friends may be issued IRS Form 1099-MISC tax forms for User Incentives that collectively exceed $600 in value. As a result of participating in the Referral Program, Referring Users and Referred Friends may be subject to tax reporting and are responsible for tax obligations arising from the receipt of User Incentives.

Referring Users agree not to: use individualized referral links for commercial purposes; make individualized referral links available to the general public via commercial websites (e.g., blogs, Reddit, Craigslist, coupon websites, Wikipedia); use paid social media, paid searches, or any other paid advertising to distribute individualized referral links; send individualized referral links to any deals, coupon, bonus, or rewards email distribution lists; spam anyone with referral invitations, including mass emailing, texting, or messaging individuals that the Referring Users do not know; or use automated systems, bots, or programmed scripts to distribute, post, or share individualized referral links.

Empower is not responsible for incorrect entries of information, failure to use a Referring User’s individualized referral link, or any other failure on the part of Referred Friends to meet the standards for qualifying for User Incentives. Using an ad blocker may adversely affect Empower’s ability to determine account eligibility for the Referral Program. Final determination of eligibility for promotions offered by the Referral Program will be at the sole discretion of Empower.

Individuals who participate in Empower’s Affiliate Program may not participate in the Referral Program.

Empower reserves the right to terminate any promotions associated with the Referral Program at any time and to refuse or recover any User Incentive if Empower determines that the User Incentives were obtained under wrongful or fraudulent circumstances, that inaccurate or incomplete information was provided by the Referred Friend in opening an account with the Dashboard, that any rules or regulations have been or would be violated, or that any Terms of Use have been violated. Empower reserves the right to review and investigate referral activities and suspend user accounts or modify referrals at Empower’s sole discretion.

Empower may update the terms of the Referral Program at any time without prior notice. If Empower modifies the terms of the Referral Program, it will post the modification on Empower’s website, which will become effective upon posting. Continued participation in the Referral Program after any modification will constitute consent to such modification.

15. Ownership, Copyright, and Trademark

 

Certain additional terms and conditions applicable to use of all Empower websites and applications are set forth on Empower websites and applications. These terms and conditions include certain terms pertaining to trademark, copyright and other intellectual property rights. In using the Dashboard Services, you acknowledge and agree to the terms set forth in the general terms and conditions set out on our websites at https://www.empower.com/terms, including, without limitation, terms pertaining to intellectual property terms.

16. Disclaimer of Representation and Warranty; Disclaimer of Liability

NOTWITHSTANDING ANYTHING STATED IN THIS AGREEMENT TO THE CONTRARY, THE DASHBOARD SERVICES PROVIDED BY EMPOWER, ITS LICENSORS AND AGENTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. EMPOWER, ITS LICENSORS AND AGENTS ASSUME NO RESPONSIBILITY FOR ERRORS OR OMISSIONS MADE BY YOU, OR ERRORS OR OMISSIONS IN THE CONTENT, INFORMATION OR OTHER DATA AND DOCUMENTS WHICH ARE REFERENCED BY, LINKED TO OR PROVIDED BY OR THROUGH THE DASHBOARD SERVICES. EMPOWER, ITS LICENSORS AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND REGARDING THE DASHBOARD SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE FROM THE DASHBOARD SERVICES, WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITATION, EMPOWER DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOUR USE OF THE DASHBOARD SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM OUR SITE IS AT YOUR SOLE RISK.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EMPOWER, ITS LICENSORS AND AGENTS WILL NOT BE LIABLE FOR THE ACCURACY OR RELIABILITY OF ANY DATA, INFORMATION OR CONTENT, FOR ANY DASHBOARD SERVICES INTERRUPTIONS, FOR ANY FAILURE OR DELAY RESULTING FROM ANY ACTS OF FORCE MAJEURE OR ACTS THAT ARE OTHERWISE OUTSIDE OF EMPOWER’S OR ITS LICENSORS’ OR AGENTS’ REASONABLE CONTROL, FOR ANY INTERNET OR TELECOMMUNICATIONS FAILURE, OR FOR YOUR INABILITY TO ACCESS THE DASHBOARD SERVICES. NOR CAN EMPOWER OR ITS AFFILIATES, LICENSORS OR AGENTS GUARANTEE THE COMPLETE SECURITY OF THE DASHBOARD SERVICES, THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE DASHBOARD SERVICES WILL MEET YOUR EXPECTATIONS, OR THAT ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED. YOU AGREE THAT ANY DOWNLOADS OF CONTENT OR MATERIALS RELATED TO THE DASHBOARD SERVICES IS DONE AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER/SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF OR ACCESS TO ANY SUCH MATERIALS. IN ADDITION, EMPOWER CANNOT ALWAYS ANTICIPATE TECHNICAL OR OTHER DIFFICULTIES WITH THE DASHBOARD SERVICES, EITHER PRESENTLY OR AS THEY EVOLVE; THE DASHBOARD SERVICES MAY CONTAIN BUGS, ERRORS OR OTHER PROBLEMS, WHICH MAY RESULT IN LOSS OF DATA OR SETTINGS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES; ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NEITHER EMPOWER NOR ITS CONTENT PROVIDERS SHALL BE RESPONSIBLE FOR INVESTMENT AND OTHER FINANCIAL DECISIONS, DAMAGES, OR OTHER LOSSES RESULTING FROM USE OF THE DASHBOARD SERVICES. NEITHER EMPOWER NOR ITS CONTENT PROVIDERS WARRANT THAT THE DASHBOARD SERVICES COMPLY WITH THE REQUIREMENTS OF THE FINANCIAL INDUSTRY REGULATORY AUTHORITY, THE SECURITIES AND EXCHANGE COMMISSION OR ANY SIMILAR ORGANIZATION OR REGULATOR OR WITH THE SECURITIES LAWS OF ANY JURISDICTION, TO THE EXTENT THE DASHBOARD SERVICES ARE NOT LEGALLY SUBJECT TO SUCH REQUIREMENTS.

17 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CUMULATIVE LIABILITY OF EMPOWER, ITS AFFILIATES, LICENSORS AND AGENTS TO YOU FOR ACTUAL DIRECT DAMAGES IN CONNECTION WITH YOUR USE OF THE DASHBOARD SERVICES SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100). EMPOWER, ITS LICENSORS AND AGENTS SHALL NOT IN ANY EVENT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR DAMAGES MEASURED BY I) LOST PROFITS, OR FOR DAMAGES FOR LOST OPPORTUNITY, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA OR OTHER INTANGIBLE OR SPECULATIVE LOSSES, EVEN IF EMPOWER OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; II) THE COST OF SUBSTITUTE GOODS OR SERVICES; III) ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICES; IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; V) THE PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY ACCOUNT PROVIDER SITE, EVEN IF THE PROVIDER HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; VI) ANY PROVIDER OR THIRD PARTY WEBSITE; OR VII) ANY OTHER MATTER RELATING TO THE DASHBOARD SERVICES. Some jurisdictions do not permit the limitation or exclusion of certain categories of liability, so some of the above limitations may not apply to you.

THE DASHBOARD SERVICES MAY BE AVAILABLE THROUGH A COMPATIBLE MOBILE DEVICE, INTERNET AND/OR NETWORK ACCESS AND MAY REQUIRE SOFTWARE. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THESE REQUIREMENTS, INCLUDING ANY APPLICABLE CHANGES, UPDATES AND FEES, AS WELL AS THE TERMS OF YOUR AGREEMENT WITH YOUR MOBILE DEVICE AND TELECOMMUNICATIONS PROVIDER. EMPOWER MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (I) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (II) ANY LOSS, DAMAGE OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (III) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.

18. Ending Your Dashboard Account

This Agreement will continue to apply until terminated by either you or us as set out below. If you want to terminate your legal agreement with us for use of this Dashboard, you may do so by closing your Account.

Please use the directions below to close your Account:

Email support-epw@empower.com from the email address associated with your Account, indicating “CANCEL” in the subject line of the message. After confirming you are the Account owner, we will remove your accounts, transactions and login information pertaining to this Dashboard from our records, and we will only continue to retain such information as we are required by law to retain.  In the event you are enrolled in other services with us, closing your Dashboard Account will not cancel those other services.

We reserve the right to terminate our legal agreement with you and your use of the Dashboard Services (by providing an email notice of such termination): (i) if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to or are unable to comply with the provisions of this Agreement); (ii) if we believe we are required to do so by law (for example, where the provision of the Dashboard Services to you is, or becomes, unlawful); (iii) if we no longer offer any of the Dashboard Services that you utilize; (iv) if you no longer agree to the terms and conditions of this Agreement; or (v) for any other reason or no reason, in our sole and absolute discretion. In addition, we reserve the right at any time to terminate certain Dashboard Services previously offered if we no longer offer such Dashboard Services; such termination shall not impact the remaining Dashboard Services nor your Agreement with us. The termination of this Agreement will not affect any of our rights and obligations to each other arising under this Agreement prior to termination.

19. Governing Law and Venue

This Agreement and any Dashboard Services provided hereunder will be governed exclusively by the laws applicable in the State of Colorado, excluding its provisions on conflicts or choice of law. Subject to the arbitration provision below, you irrevocably and unconditionally consent to submit to the exclusive jurisdiction and venue of the state courts in Denver, Colorado or federal district court for Colorado with respect to any dispute or litigation arising under this Agreement or as the result of any Dashboard Services.

20. Arbitration

 

ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THE DASHBOARD SERVICES, ANY MARKETING ACTIVITIES, AND/OR THIS AGREEMENT OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION OR VALIDITY THEREOF, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE DETERMINED BY BINDING ARBITRATION RATHER THAN A COURT, IN DENVER, COLORADO BEFORE A SOLE ARBITRATOR. THE ARBITRATION SHALL BE ADMINISTERED BY JAMS PURSUANT TO STREAMLINED ARBITRATION RULES AND PROCEDURES, AND THE ARBITRATOR SHALL APPLY THE LAWS APPLICABLE IN THE STATE OF COLORADO. JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION AS SPECIFIED ABOVE UNDER “GOVERNING LAW AND VENUE.” THIS CLAUSE SHALL NOT PRECLUDE PARTIES FROM SEEKING INJUNCTIONS OR OTHER FORMS OF EQUITABLE RELIEF OR PROVISIONAL REMEDIES IN AID OF ARBITRATION FROM A COURT OF APPROPRIATE JURISDICTION. YOU AGREE THAT ALL DISPUTES MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. BY ENTERING INTO THIS AGREEMENT AND AGREEING TO ARBITRATION, YOU AGREE THAT YOU ARE WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY. IN ADDITION, YOU AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR LITIGATE ON A CLASS-WIDE BASIS. YOU AGREE THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS. IN ANY ARBITRATION, THE ARBITRATOR MAY, IN THE AWARD, ALLOCATE ALL OR PART OF THE COSTS OF THE ARBITRATION, INCLUDING THE FEES OF THE ARBITRATOR AND THE REASONABLE ATTORNEYS’ FEES OF THE PREVAILING PARTY, AND SHALL DETERMINE THE PREVAILING PARTY FOR THIS PURPOSE.

In the event of any dispute regarding this Agreement, a demand for arbitration must be made within two (2) years of the date the claim arose, notwithstanding any other period that might be provided by otherwise applicable law.

21. Change of Terms

 

We may revise this Agreement at any time, and therefore we suggest that you periodically review this Agreement as provided on our Site. We may notify you of any changes by posting such changes on our Site, and/or at the e-mail address associated with your Account, and you agree to accept email communications, links to and/or our posting of any revised Agreement on our Dashboard, and you agree that any of these means of our communicating a change in the Agreement constitutes adequate notice to you. Your continued access or use of any of the Dashboard Services indicates your agreement to be bound by any such revisions.

22. Indemnification

 

You agree to indemnify, defend and hold us and any of our affiliates, licensors and agents, and all of their officers, directors, employees, agents, information providers and licensors harmless from and against any and all third-party claims, damages, liability and costs (including attorneys’ fees and costs) incurred by any of these parties that arise out of or are caused by your use of the Dashboard Services, your violation of this Agreement, your infringement of any intellectual property rights, or violation by you or any user of your Account. In the event that there are third party claims against you for which you properly seek damages from us under this Agreement, or we are subject to any claim for which we have the right to be indemnified by you, we reserve the right at our expense in the case of claims by third parties against you, and at your expense in the case of claims for which we have the right to be indemnified by you, to assume the exclusive defense and control of any such claim, and you agree that in any event no such claim can be settled without our written consent.

23. Not an Investment, Legal or Tax Advisor

 

We make managing your personal finances convenient and as streamlined as possible. However, neither we nor our Dashboard Services give, offer or render investment, financial, tax or legal advice. Before making financial or investment decisions, we recommend that you contact an investment advisor, or tax or legal professional. Advisor can separately offer and provide investment advice under a separate advisory agreement with you.

24. Miscellaneous

Empower does not waive its rights by delaying or failing to exercise them at any time. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, state, or federal, it will be considered separate and severable from the Agreement and the validity or enforceability of any other provision of this Agreement shall not be affected. After termination or expiration of this Agreement, the provisions which by their nature contemplate performance after this Agreement terminates or expires shall survive and continue in full force, including, without limitation, provisions respecting indemnification, limitation of liability, arbitration, intellectual property, and governing law and venue. Except for Empower affiliates, no third party will be deemed a third-party beneficiary under this Agreement.

25. Section Headings

Section headings in this Agreement are for convenience of reference only, and shall not govern the interpretation of any provision of this Agreement.

26. Assignment

You may not delegate, transfer or assign the terms and conditions or any of your rights and obligations under this Agreement (by operation of law or otherwise) without our prior written consent, and any prohibited assignment will be null and void. We may delegate, transfer or assign this Agreement or some or all of our rights and obligations hereunder, in our sole discretion, to any of our affiliates or subsidiaries.

This Agreement and any consents or approvals provided herein shall be applicable to all successors and assigns of Empower.

27. Entire Agreement

The Agreement, including the Privacy Policy and any other documents expressly incorporated by reference herein, represents the entire understanding between both you and us regarding your use of the Dashboard Services and the subject matter hereof and supersedes any prior statements or representations.