UPDATED AS OF: December 13, 2018
3. Access and Security
You should be aware that, in general, information sent through the Internet is not secure. Email services that may be provided through the Platforms generally are not encrypted and do not provide a secure and private means of communication with us. Certain services offered on the Platforms do provide a secure means to communicate with us, and you will be advised when you are using such a service. While we may provide those technologies and use other reasonable precautions to protect confidential information and provide suitable security, we cannot guarantee that information transmitted through the Internet is secure, or that such transmissions will be free from delay, interruption, interception or error. To protect your own privacy, confidential and/or personal information should only be communicated via e-mail when you are advised that you are using a secure mechanism.
We cannot guarantee or warrant that any part of the Platforms, including files available for download, are free of viruses or other harmful code. It is your responsibility to take appropriate precautions, such as use of an anti-virus software package, to protect your computer hardware and software.
4. Online Accounts
Certain portions of the Platforms may be protected by passwords or require use of a Personal Identification Number (“PIN”) in order to access your account (“Account”) information. You agree to provide us with current, complete, and accurate information about you as prompted by the applicable registration process and agree to regularly update this information to maintain its completeness and accuracy. You agree to use the Platforms to access only those Accounts on which you are authorized to act, and you agree to use your own user names, PIN and security questions and answers when accessing Accounts on which you are authorized to act. You agree not to obtain or attempt to obtain unauthorized access to the Platforms through any means not intentionally made available to you by the MassMutual Foundation.
You are responsible for maintaining the confidentiality of any Account information, user names, logins, passwords, your PIN and any security questions and answers that you, or another person or entity authorized by you (such as through Read Only Access), use to access any page or feature on the Platforms, and for logging off of your account and any protected areas of the Platforms. Further, you are fully responsible for all activities under your Account(s), PIN, user names, passwords, and security questions and answers that result from your negligence, carelessness, misconduct, or failure to use or maintain appropriate security measures. If your PIN, account number(s), or other security details are lost or stolen or you become aware of any suspicious or unauthorized conduct concerning your Account(s), you agree to contact us immediately. MassMutual Foundation will not be liable for any loss or damage arising from your failure to comply with this paragraph.
Products and services provided to you through the Platforms may involve the electronic transmission, including via any e-mail address you provide to us, of information that you may consider to be personal information or promotional and marketing materials, and you consent to such transmission.
We reserve the right to discontinue electronic access to your Account at any time. We further reserve the right to modify the information contained on the Platforms or modify the availability of any transactions at any time. We may immediately and without notice terminate your ability to access your Account information if you violate the conditions of use stated herein or if you endanger the use of the services provided through the Platforms.
5. Products and Services
Please be aware that some programs described on the Platforms may not be available in your jurisdiction and generally are not available outside the United States. The laws of each country, state, or territory may differ and not all programs are available in all locations.
6. No Offers
The information contained on this website does not constitute an offer or solicitation for the sale of any product, or service.
7. Execution of Transactions
You may be able to conduct certain transactions through the Platforms. By using the Platforms to gain access to your account or other personal information, you consent to the electronic transmission of that information. Access to the Platforms may be limited or unavailable during periods of peak demand, systems upgrading, maintenance or other reasons. We will not assume responsibility for any system failures and errors.
8. Third Party Content, Products and Services (Including Links)
We are not responsible, and assume no liability, for content displayed on the Platforms that may be provided by another party. We are not responsible for the accuracy or completeness of any such content. We reserve the right, in our sole discretion, to remove links to other websites at any time.
9. Permissible Use of Materials
10. Trademarks, Service Marks, and Logos
The trademarks, service marks, logos, URLs and domain names, registered or not, appearing on the Platforms, are registered and unregistered trademarks or service marks of the MassMutual Foundation, MassMutual or its subsidiaries (“Marks”). You may not use, copy, download, display, transmit or modify any Mark in any way without the prior written consent. You may not include, any Mark or any variation thereof as a metatag, hidden textual element, or any other indicator that may create an impression of affiliation, sponsorship, endorsement or any other relationship between the Platforms, the MassMutual Foundation, MassMutual or any affiliate and any other site, person, entity or organization. Unauthorized use may violate trademark and other laws.
11. Electronic Notices; Mobile Devices
You may elect to receive certain documents that we choose to make available to you electronically, including, but not limited to, notices, disclosures, and other communications for your Account(s) through the Platforms. By accepting the separate terms of our e-delivery service you agree that the documents that we provide to you through the e-delivery service satisfy any legal requirement that such communications be in writing.
Through use of the Platforms, you may be able to: (a) upload content to the Platforms via your mobile device; (b) browse the Platforms from your mobile device; and/or (c) access certain features you have downloaded and installed on your mobile device. In order to do so, you must have a mobile communications subscription with a participating carrier (or have the consent of the applicable subscriber) or have access to a mobile communications network. You are solely responsible for paying any service fees associated with any such access (including text messaging and data charges for each text message and any data you send and receive on your mobile device, as applicable). You must provide all equipment and software necessary to connect to the Platforms, including, but not limited to, a mobile device that is in working order and suitable for use in connection with the Platforms. You must ensure that your device and/or software does not disturb or interfere with the Platforms, including the Platform’s operations. Any equipment or software causing interference will be immediately disconnected from the Platforms, and we may immediately suspend or terminate your further use of the Platforms. If any upgrade to the Platforms requires changes in your equipment or software, you must make these changes at your own expense.
12. Jurisdiction; Governing Law
We operate the Platforms in and in accordance with the laws of the United States. We do not represent that the Platforms are appropriate or available for use in other locations. Access from certain locations may be strictly prohibited. Those who access the Platforms do so on their own initiative and are responsible for compliance with all applicable local laws. The laws of the Commonwealth of Massachusetts will govern any claims relating to the information contained on this website.
If you take legal action relating to the Platforms, you agree to file such action only in the Superior Court of Hampden County, Springfield, Massachusetts or in the United States District Court for the District of MA, Springfield, and you consent and submit to the personal jurisdiction of those courts for the purpose of litigating any such action.
13. Disclaimer of Warranties
EXCEPT AS PROHIBITED OR LIMITED BY LAW, YOUR USE OF THE PLATFORMS, ANY CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORMS IS AT YOUR OWN RISK. ALL INFORMATION PRESENTED THROUGH THE PLATFORMS IS FURNISHED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY. WITHOUT LIMITING THE FOREGOING, THE MASSMUTUAL FOUNDATION DOES NOT REPRESENT OR WARRANT THAT THE PLATFORMS, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THEREIN WILL BE ACCURATE, ERROR FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE PLATFORMS ARE FREE OF VIRUSES OR OTHER HARMFUL CODE.
14. Limitation of Liability
IN NO EVENT WILL THE MASSMUTUAL FOUNDATION, MASSMUTUAL, ITS AFFILIATES, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS (THE “MASSMUTUAL PARTIES”) BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE PLATFORMS, ANY WEBSITES LINKED THROUGH THE PLATFORMS, ANY CONTENT ON THE PLATFORMS, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORMS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
16. No Legal or Tax Advice
The information provided is not written or intended as specific tax or legal advice and may not be relied on for purposes of avoiding any Federal tax penalties. We are not authorized to give tax or legal advice. Individuals are encouraged to seek advice from their own tax or legal counsel.
18. Contact Us