Benefits OnLine® Terms and Conditions
The following terms and conditions govern your use of the Benefits OnLine® service.
By accepting and using Benefits OnLine, you agree that these terms and conditions supplement your existing plan account agreements with Merrill, if any, which otherwise remain in full force and effect.
Account Data Access
Benefits OnLine permits you to view benefits information relating to the Plan. By
using Benefits OnLine, you represent on a continuing basis that you are authorized
to have viewing access to such data. To access benefits information on Benefits
OnLine, you must type in your User ID and your Password, which protects the security
of your account data, which you agree to safeguard. Merrill and your plan
sponsor shall not be responsible for any breach of security caused by your failure
to maintain the confidentiality of your User ID and Password. All benefits information
is provided as a convenience and for your information, but it is not the official
record of your account activity with Merrill; your Merrill account statement
remains the official record. Benefits information provided through Benefits OnLine
is generally updated as of the prior business day's close of business, but is subject
to adjustment and correction.
Processing of Personal Information
By accepting these terms and using Benefits OnLine, you acknowledge and agree that:
(i) in order to operate and facilitate the provision of the Benefits OnLine service,
you will be required to provide certain personal information; (ii) your personal
information will be transmitted through the Benefits OnLine website to be processed
and stored by Merrill in the United States; (iii) the Benefits OnLine website
is operated by Merrill; and (iv) your personal information will be processed
and stored by Merrill on behalf of the issuer of the securities that are the
subject of your Plan for the purposes related to your participation in the Plan.
Information
Information (including, without limitation, news, market data, and research reports)
provided on Benefits OnLine is obtained from sources we believe to be reliable,
but we cannot guarantee the accuracy, timeliness or completeness of such information
for any particular purpose. Such information does not constitute investment advice,
or a solicitation by Merrill for the purchase or sale of any securities or
commodities, or a representation that any securities or commodities are suitable
for you. If you copy or transfer any information from Benefits OnLine for your personal
reference, you agree that you will not remove or obscure any copyright or other
notices contained in any such information. Except as provided in the preceding sentence,
you agree not to reproduce, modify, sell, distribute, broadcast, publish or use
for any commercial or unlawful purpose any quotes, news, research or other information
you receive through Benefits OnLine.
E-mail facilities and services may be provided via Benefits OnLine as a convenience and to enhance your communications with Merrill. E-mail should not be used to request, authorize, or effect the purchase or sale of any securities, to send funds transfer instructions, or for any other financial transactions. Any such requests, orders or instructions sent via e-mail will not be processed by Merrill. Merrill and your plan sponsor shall not be responsible for any loss or damage that could result from your noncompliance with this paragraph.
Erica is Bank of America's virtual financial assistant (a bot) that provides automated responses to your questions. We keep a record of your conversations with Erica for quality assurance, to maintain an accurate account of your requests, identify opportunities to make Erica's responses more helpful and ensure Erica's performance is optimal. When you interact with Erica by voice, the discussions are recorded and saved for 90 days so they can be analyzed to help refine listening skills. You acknowledge that once you invoke the microphone in a session, Erica may capture, record, and transcribe other voices in addition to yours, and may continue recording for a period of time (up to 15 seconds) unless you close Erica or sign out of the mobile app.
Disclaimer Of Warranty And Limitation Of Liability
(a) MERRILL HEREBY DISCLAIMS ALL WARRANTIES WITH REGARD TO BENEFITS ONLINE INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND/ OR FITNESS FOR A PARTICULAR PURPOSE OR USE. NEITHER MERRILL, ITS CORPORATE PARENT, NOR ANY OF ITS AFFILIATES, DIRECTORS, OFFICERS OR EMPLOYEES (THE "MERRILL GROUP"), YOUR PLAN SPONSOR, NOR ANY THIRD PARTY VENDOR WILL BE LIABLE OR RESPONSIBLE IN ANY WAY TO YOU FOR ANY LOSSES OR DAMAGES ARISING FROM THE USE OF BENEFITS ONLINE, INCLUDING, BUT NOT LIMITED TO, THE FAILURE OR INTERRUPTION OF BENEFITS ONLINE; PROVIDED, HOWEVER, MERRILL SHALL BE RESPONSIBLE AND LIABLE FOR ACTUAL LOSSES OR DAMAGES ARISING FROM ITS NEGLIGENCE OR WILLFUL MISCONDUCT IN PROCESSING PERMITTED DIRECTIONS OR INSTRUCTIONS IT RECEIVES THROUGH BENEFITS ONLINE.
(b) IN NO EVENT SHALL THE MERRILL GROUP OR YOUR PLAN SPONSOR BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF BENEFITS ONLINE, DOCUMENTATION OR SERVICES PROVIDED UNDER THIS AGREEMENT, REGARDLESS OF WHETHER ANY CLAIM THEREFORE IS BASED ON CONTRACT, TORT OR OTHERWISE