Benefits OnLine® - Terms and Conditions

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 Lynch, 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 Lynch 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 Lynch; your Merrill Lynch 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 Lynch in the United States; (iii) the Benefits OnLine website is operated by Merrill Lynch; and (iv) your personal information will be processed and stored by Merrill Lynch 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 Lynch 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 Lynch. 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 Lynch. Merrill Lynch and your plan sponsor shall not be responsible for any loss or damage that could result from your noncompliance with this paragraph.


Disclaimer Of Warranty And Limitation Of Liability

(a)        MERRILL LYNCH 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 LYNCH, ITS CORPORATE PARENT, NOR ANY OF ITS AFFILIATES, DIRECTORS, OFFICERS OR EMPLOYEES (THE "MERRILL LYNCH 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 LYNCH 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 LYNCH 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