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Terms of Use  

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Terms of Use

General Terms and Conditions:

Be sure to read the Terms of Use below, as they cover the terms and conditions that apply to your use of this website (the "Service," "Website," or "Site"). Access to this Website and use of this Service, including continued use of the Site are subject to these Terms of Use, and by accepting these Terms of Use and using this Site, you agree to be bound by them for your initial use and all future uses of the Site. Merrill Communications LLC ("Merrill") of One Merrill Circle, St. Paul, MN 55108 and John Hancock Insurance Company (U.S.A.) and their affiliates ("John Hancock") (Merrill and John Hancock are collectively referred to as the "Company" or as "we") may change the Terms of Use from time to time so be sure to read the Terms of Use each time you use the Service. By continuing to use the Service following such modifications, you agree to be bound by such modifications to the Terms of Use. If you do not agree to the Terms of Use, please exit this Website.

Information Requirements; General:

In consideration of use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself when requested by the Site, and (b) to maintain and update this information to keep it true, accurate, current and complete. If any information provided by you is or we have reasonable grounds to suspect it is untrue, inaccurate, not current or incomplete, we have the right to terminate your account and refuse any and all current or future use of the Service. You agree not to resell or transfer the Service or use of or access to the Service.

ACCESS TO THIS WEBSITE (OR PORTIONS THEREOF) AND THE USE OF INFORMATION, MATERIALS, PRODUCTS OR SERVICES PROVIDED THROUGH THIS WEBSITE (OR PORTIONS THEREOF), IS NOT INTENDED, AND IS PROHIBITED, WHERE SUCH ACCESS OR USE VIOLATES APPLICABLE LAWS OR REGULATIONS.

This Website is a business and commercial site. Unless otherwise noted on the Website, it is not intended for use by anyone other than authorized representatives of John Hancock and solely to the extent of providing printing and mailing services to such representatives for pension plan related documentation.

License Terms:

Company grants you a non-exclusive, non-sublicensable, terminable, revocable, non-transferable license (the "License") to access the Website solely to purchase products and services from Merrill Communications LLC or from customers for whom Merrill Communications LLC is providing services. You understand and agree that the License and your log-on data ("Password" and "User ID") are granted to you individually and may not be shared with any other person. You agree to use your best efforts to ensure that no one else learns your User ID or Password or otherwise has access to them, including your support staff or other representatives of your organization. Company may block your access to the Website without notice if we become aware of any breach by you of these Terms of Use, including any unauthorized use of your User ID or Password.

You acknowledge and agree that you: (a) must provide for your own access to the Internet and pay any service fees associated with such access, (b) must provide all equipment necessary for you to make such connection to the Internet, including a computer and modem, (c) may be required to download and install additional software plug-ins or applications in order to use certain features or access certain information contained on the Site, and (d) are fully responsible for all activities that occur under your User ID or Password.

Limitations and Disclaimers:

By using this Website, including any applets, software, and content contained therein, you agree that use of the Service is entirely at your own risk. THE SERVICE IS PROVIDED "AS IS," AND TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE. SPECIFICALLY, COMPANY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, DOCUMENTS, PRODUCTS OR SERVICES AND (2) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

NEITHER COMPANY NOR ANY OF ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS SHALL BE LIABLE OR RESPONSIBLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE, INABILITY TO GAIN ACCESS TO OR USE THE SERVICE, OR ANY BREACH OF ANY WARRANTY. WE DO NOT SEEK TO EXCLUDE OR LIMIT LIABILITY FOR FRAUDULENT MISREPRESENTATION AND YOUR RIGHTS AS A CONSUMER, IF ANY, ARE NOT AFFECTED HEREBY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS OF LIABILITY SET OUT ABOVE, THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE RESPECTIVE LIABILITY OF COMPANY, ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, AND CONTENT OR SERVICE PROVIDERS IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

Ownership and Changes:

Company is respectively the sole owner and/or authorized user of (a) all trademarks, registered trademarks and/or service marks appearing on this Website (other than those provided by our clients), (b) all photographs, images, audio, music, text, animations, and applets incorporated into this Website, (c) the "look and feel" of the Website, and (d) all software contained on the Website or otherwise provided to you in connection with your use of the Service. John Hancock is also the copyright owner or licensee of the content and/or information on this Website, including but not limited to any icons, designs and screens appearing at the Website. If you make use of this Website, except as otherwise provided in these Terms of Use, you may violate copyright and other laws of the United States or other countries, confidentiality agreements, as well as applicable state laws, and may be subject to penalties.

Company reserves the right to change any information on this Website, including but not limited to revising and/or deleting features or other information without prior notice. Clicking on certain links within this Website might take you to other websites for which Company assumes no responsibility of any kind for the content, availability or otherwise. The content presented at this Website may vary depending upon your browser limitations. Company does not guarantee or ensure the accuracy, completeness, currency or authenticity of any Website content or functionality, or transmission of any Website content from the Website to you.

Security:

We take reasonable and appropriate measures, including encryption, to make sure that your personal information is disclosed only to those specified by you. However, the Internet is an open system and we cannot and do not guarantee that the personal information you have entered will not be intercepted by others and decrypted.

Payment:

If you wish to make purchases through the Service, you may be asked to supply certain information, including credit card or other payment mechanism information. You agree that all information you provide through the Service for purposes of making purchases will be accurate, complete and current. You agree that your credit card will be charged when the products are shipped to you. You also agree to pay all charges incurred by users of your account and credit card or other payment mechanism at the prices in effect when such charges are incurred. You also will be responsible for paying any applicable taxes relating to purchases through the Service. Finally, the prices set forth on this Site may change at any time.

User Conduct on the Service; User Responsibilities:

While using the Service, you may not:
1. knowingly or intentionally restrict or inhibit any other user from using and enjoying the Service; or
2. knowingly or intentionally post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability; or
3. knowingly or intentionally post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by Company) or engage in spamming or flooding; or
4. knowingly or intentionally post or transmit any information or software that contains a virus, trojan horse, worm or other harmful component (a "Harmful Component") (notwithstanding the foregoing, you agree to continuously use up-to-date, industry standard virus detection devices to ensure that you do not transmit any Harmful Component to the Website); or
5. post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Service for commercial purposes (other than as expressly permitted by the provider of such information, software or other material); or
6. upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Service which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or rightholder; or
7. upload, post, publish, reproduce, transmit or distribute in any way any component of the Service itself or derivative works with respect thereto, as the Service is copyrighted as a collective work under U.S. copyright laws; or
8. make the Website or your User ID or Password available to any other person; or
9. de-compile, reverse engineer, disassemble, rent, lease, loan, sublicense and create derivative works from the Website; or
10. copy, modify, reproduce, republish, distribute, transmit or use for commercial or public purposes the Website, for any purpose; or
11. download or save a copy of any of the screens appearing on the Site for any purpose unless authorized by Company;
12. use or otherwise export or re-export the Website in violation of the export control laws and regulations of the United States of America; or
13. use or otherwise access the Site in violation of any federal, state, local and international laws, ordinances, rules, and regulations (collectively, "Laws"), including without limitation, any Laws relating to consumer privacy rights, consumer protection from solicitation, fair information practices, advertising, telemarketing, electronic communications, SPAM, do not call lists, bulk mailing and advertising-,. the rules and regulations of the Federal Communications Commission, the Securities and Exchange Commission and the applicable stock exchanges and over-the-counter markets.

You acknowledge that various Laws exist throughout the world that regulate, among other items, consumer privacy rights, consumer protection from solicitation, fair information practices, advertising, telemarketing, electronic communications, SPAM, do not call lists, bulk mailing and advertising. You are solely responsible for ensuring that your use of the Service is not in violation of any Law. You acknowledge that Company is, in no way, responsible any such compliance.

Company has no obligation to monitor the Service. However, you acknowledge and agree that Company has the right to monitor the Service electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect itself or its subscribers. Company reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms of Use.

Failure to comply with terms and conditions and termination:

You acknowledge and agree that Company may in its sole discretion deny you access to the Website or to access third-party services, merchandise or information on the Internet through the Website, and Company shall have no responsibility to notify any third-party providers of services, merchandise or information nor any responsibility for any consequences resulting from lack of notification. In addition, your access to the Website will terminate upon Company’s discretion should Company believe, in its sole discretion, that you have violated any of these Terms of Use. Upon termination of your access to the Website, the License will automatically terminate, and you must immediately cease all access to and use of the Website through any means. Upon your cessation of use of this Service, for whatever reason, you agree to promptly destroy all items pertaining to the Service, including without limitation, all copies of screens, on-line help information, documentation relating to the Service and your User ID and Password.

Links from and to this website:

You acknowledge and agree that Company and any of its co-branding providers have no responsibility for the accuracy or availability of information provided by linked sites. Links to external websites do not constitute an endorsement by Company or its co-branding providers of the sponsors of such sites or the content, products, advertising or other materials presented on such sites.

Information in the many web pages that are linked to the Website comes from a variety of sources. Some of this information comes from official Company licensees, but much of it comes from unofficial or unaffiliated organizations and individuals, both internal and external to Company. Company does not author, edit, or monitor these unofficial pages or links. You acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such external sites or resources.

Data Protection Consent:

By agreeing to these Terms of Use, you acknowledge that you have read understood and agree to the following terms.

Company agrees that all non-public information obtained by us through your use of the Website will be held in confidence by us and will be divulged only to those directors, officers, employees and agents, including legal counsel, accountants and financial advisers, who have a need to know such information in confidence. We will direct such directors, officers, employees and agents to treat such information confidentially and shall advise such persons of the confidential nature of such information. Any publicly available communication or material you post or transmit to us over the Internet is, and will be treated as non-confidential and non-proprietary. Upon the transmission of any personal information to us, you expressly grant permission to us to disseminate and/or use such information for any lawful purpose.

We reserve the right to monitor your communications with us whether by mail, voice, fax, e-mail or any other form of transmission for the purposes of quality control, security and other business needs.

Miscellaneous:

The Website is controlled by Company from its offices within the United States. Access to, or use of, this Website or information, materials, products and/or services on this Website may be prohibited by law in certain countries or jurisdictions. You are responsible for compliance with any applicable laws of the country from which you are accessing this Website. We make no representation that the information contained herein is appropriate or available for use in other locations outside the United States.

You agree that the substantive laws of the state of Delaware in the United States shall govern any controversy or claim or whatever nature arising out of or relating to the use of this Website, without regard to any conflict of laws provisions. All actions or proceedings arising out of or relating to these Terms of Use, their validity, performance, enforcement or breach, or the subject matter of these Terms of Use may be venued in the state of Delaware in the United States and you hereby irrevocably consent and submit yourself to the personal jurisdiction of the courts of the state of Delaware for all such purposes. Notwithstanding the foregoing, we retain the right to bring legal proceedings in any jurisdiction where we believe that breach of this agreement is taking place or originating.

The failure of Company to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

These Terms of Use represent the entire agreement between the parties regarding the use of the Website and supersedes all previous agreements, promises, proposals, representations, understanding and negotiations, whether written or oral, between the parties respecting the subject matter hereof.

Questions:

If you have any questions regarding these Terms of Use or any other matter, you may contact us by writing to us at Merrill Communications LLC, One Merrill Circle, St. Paul, MN 55108, Attn.: Legal Department or e-mailing legal@merrillcorp.com.


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