Terms and Conditions of Service – TIAA Safe Estate
Welcome to TIAA Safe Estate
TIAA Safe Estate (as further described below, "the Service") is a combination of information, content, tools, products and services owned by Teachers Insurance and Annuity Association of America and its subsidiaries and affiliates (including those companies listed under the below caption, the TIAA Family of Companies. For simplicity, we refer to all of them in these Terms and Conditions as "TIAA").
Role of Delegate. You have been invited to become a delegate for a TIAA Safe Estate user ("User"). Users can appoint unlimited delegates and can customize each delegate's access to their TIAA Safe Estate topics and contacts. A delegate will have the ability to view topics, contacts and Content (defined below) which the User authorizes them to see. Depending on access level, a delegate may also be able to upload files to a User's TIAA Safe Estate account, but the User can rename or delete any files added by delegates. A User can also choose to give a delegate full access to their TIAA Safe Estate information after the User's death, making the delegate a "survivor designee." All delegate access is decided by the User and can be changed or removed at any time.
Security of Content. The security of the Users account and any information which you upload and store with us in the User's Account ("uploaded information") is important to TIAA. While we use industry standard safeguards to protect uploaded information, no site can promise 100% security. Therefore, we cannot guarantee the absolute security of the User's account or uploaded information. To keep the User's account and uploaded information as secure as possible, you agree to take the following precautions: Safeguard all of your account access information; avoid sharing User IDs and passwords with anyone (including family members); promptly review all notices for accuracy; use good security practices for technology – whether you use a computer, tablet, smart phone or other digital device – to ensure you have up-to-date security protections; review information on how to protect uploaded information, which can be found on our Web Security Center (the content of which is incorporated herein by reference); and contact us as set forth in TIAA.org under the Contact us Tab.
Terms and Conditions
Service Description. The Service is a digital, no-cost service that provides personalized guidance on how to prepare, organize, share and securely store on-line those documents that can help with a TIAA Safe Estate User's future financial well-being (e.g. Will, Power of Attorney). PLEASE NOTE THAT THIS SERVICE IS NOT INTENDED FOR DOCUMENTS RELATING TO THE HEALTH AND/OR RISK CONDITIONS OF THE TIAA SAFE ESTATE USER. DO NOT UPLOAD SUCH DOCUMENTS IN THE SERVICE.
As part of the Service, TIAA will provide delegates general education as to what it means to be financially prepared at different life stages and if you have been granted the right to upload documents to the User's account, it will provide tools to upload such documents for secure storage. The Service is not a substitute for legal, tax or accounting advice or planning, and you and the Safe Estate User are encouraged to consult with experts of your choosing. TIAA will not review information or documents which you enter or upload for any reason, including for accuracy, completeness or legality.
Safe Estate Users can store, upload, access, download, review, share and delete copies of any documents and information uploaded by Users or their delegates. Delegates agree that they will maintain a copy of all documents, which they upload and store with the Service. All of the documents and materials that delegates upload will be referred to herein as "Content." Delegates are encouraged to upload information about where to find the originals of the Content (e.g. in a law office or a safety deposit box). This is important because a digital copy may not be sufficient to demonstrate the validity of a document: without the original, Users or their heirs may not be able to enforce the rights contained in such documents. For example, a Safe Estate Users' assets may go to a different person than designated in a Will. This can happen if the state law requires an original Will instead of the digital copy retained in the Service, and the user or heir cannot locate the original. TIAA will not be responsible for any original document or a delegate's failure to designate its location.
If a User is working with a TIAA advisor, such advisor will not be able to view, open, rename or delete Content that has been uploaded. However, the advisor will have the ability to view a list of the types of Content submitted through the Service (e.g. Will, birth certificate, life insurance policy) though they will not be able to see the content or details.
As a delegate, you are solely responsible for any Content which you add, create, upload, store or distribute and you represent that all Content provided or generated by you is accurate, complete, current and in compliance with all laws.
Limited License and Restrictions on Use. TIAA grants you a limited, revocable, nonexclusive, nontransferable license to copy the pages provided by this Service solely for your personal, informational, and non-commercial use, or as expressly authorized by TIAA in writing. Accordingly, you agree not to:
- Modify, copy, screen capture, distribute, forward, transmit, post, display, perform, reproduce, publish, broadcast, license, create derivative works from, transfer, sell, or exploit, any reports, data, information, content, software, RSS and podcast feeds, products, services, or other materials on, generated by, or obtained from this Service, whether through links or otherwise other than any Content and data which you upload to this Service, or as authorized under the license granted in the prior paragraph (collectively, "Materials");
- Attempt to probe, scan, or test the vulnerability of any Materials, services, systems, networks, servers, or accounts related to this Service or attempt to gain unauthorized access to Materials, services, systems, networks, servers, or accounts connected or associated with this Service through hacking, password or data mining, or any other means of circumventing any access-limiting, user authentication or security device of any Materials, services, systems, networks, servers, or accounts related to this Service, or redeliver, or circumvent any page, text, image, or other Materials on this Service;
- Modify, copy, obscure, remove, or display TIAA's name, logo, trademarks, text, notices, or images without TIAA's express written permission. The Materials are TIAA's property and are protected by copyright, trademark or other proprietary rights and laws. You agree to comply with all copyright notices and restrictions applicable to the Service and the Materials. You shall not sell, license, rent, or otherwise use any Materials for commercial use; and
- Use any device, software, or routine that could interfere with the proper working of the Service, that could damage or disable this Service, any systems, networks, servers, accounts, Materials or services provided through this Service, or that would interfere with any other party's use of the Service.
Prohibited Conduct. You will not use the Service to infringe any third-party copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy, or to be dishonest or fraudulent. You will not violate any applicable law, statute, ordinance or regulation in your use of the Service and you will not submit any prohibited or harmful Content. You agree to respect the privacy and Content of other Users of this Service. You will protect your password and be solely responsible if sharing access to your accounts.
Responding to Legal Requests. All of your data and information are subject to valid legal requests for release which include, but are not limited to, a subpoena, injunction, court order, warrant, government request for information and seizure. As a general matter we will not notify you if we receive or respond to a valid legal request unless required by law. You understand that copies of your Content and associated communications may be reviewed and produced in response to legal process. TIAA may, but is not required to, investigate issues related to your use of the Service and to report such issues to the authorities.
Age of Eligibility. In order to use this Service, you warrant that you are at least 18 years old. If you are not 18 years old, you may not use this Service under any circumstance
Foreign Investors. The Service and the Materials are intended to be made available only to Users who reside in the United States. Because of the global nature of the internet, you agree to comply with all local rules with respect to your Account and your online conduct, including all laws, rules, codes, and regulations of the country in which you reside and the country from which you access the Service, including without limitation, all laws, rules, codes, regulations, decrees, acts, orders, directives, legislation, bills, and statutes pertaining to tax, contracts, intellectual property, securities, e-commerce, banking, technology, computers, fraud, and privacy. In addition, you agree to comply with all applicable laws, rules, codes, and regulations regarding the transmission of technical data from the United States. You agree not to access the Service from locations where its contents or use is illegal or prohibited.
No part of the Service shall be considered a solicitation to buy, or an offer to sell any product or service, to any person in any jurisdiction where such offer, solicitation, purchase or sale would be unlawful under the laws of such jurisdiction.
SERVICE WARRANTY DISCLAIMERS. TIAA IS NOT PROVIDING ADVICE INCLUDING LEGAL, TAX, MEDICAL, INVESTMENT OR INSURANCE ADVICE. PLEASE CONSULT WITH YOUR LEGAL, HEALTHCARE PROVIDER, TAX ADVISOR OR INSURANCE BROKER FOR SUCH ADVICE. TIAA ACCEPTS NO RESPONSIBILITY FOR THE CONTENT WHICH YOU UPLOAD OR FOR YOUR FAILURE TO ADEQUATELY PLAN FOR THE FUTURE.YOUR USE OF THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER MATERIALS INCLUDED IN OR ACCESSIBLE FROM THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TIAA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND AS TO THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE FROM THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. TIAA MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, FREE FROM HACKING OR OTHER SECURITY INTRUSION OR (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED WILL MEET YOUR EXPECTATIONS.
LIABILITY LIMITATION. TIAA WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, DIRECT, OR INDIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, CONTENT, FILES OR THE COST OF OBTAINING SUBSTITUTE GOODS OR SERVICES, OR DAMAGES THAT RESULT FROM USE OR LOSS OF USE OF THE SERVICE AND THIRD-PARTY CONTENT, INCONVENIENCE OR DELAY). THIS IS TRUE EVEN IF TIAA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
TIAA WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS RELATING TO THE USE OF THIS SERVICE. THIS INCLUDES FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATIONS LINES (INCLUDING TELEPHONE, CABLE AND INTERNET), UNAUTHORIZED ACCESS, VIRUSES, THEFT, HACKING OR OTHER SECURITY INTRUSIONS, OPERATOR ERRORS, THEFT, DELETION, CORRUPTION, DESTRUCTION, DAMAGE, SEVERE OR EXTRAORDINARY WEATHER (INCLUDING FLOOD, EARTHQUAKE, OR OTHER ACTS OF GOD), FIRE, WAR, INSURRECTION, TERRORIST ACT, RIOT, LABOR DISPUTE AND OTHER LABOR PROBLEMS, ACCIDENT, EMERGENCY OR A GOVERNMENT ACTION.
WE WILL NOT BE LIABLE FOR THE RELEASE OF ANY OF YOUR CONTENT PURSUANT TO INSTRUCTION FROM YOU OR A USER.
IF YOU LIVE IN A STATE THAT DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THIS SERVICE ARE DONE AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER EQUIPMENT, OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
THE TIAA FAMILY OF COMPANIES
*The TIAA family of companies includes all affiliates, subsidiaries and companion entities of Teachers Insurance and Annuity Association of America, which may contain "TIAA" in their name, including without limitation the following companies: TIAA-CREF Life Insurance Company, College Retirement Equities Fund (CREF), TIAA-CREF Funds, TIAA-CREF Life Funds, Teachers Advisors, Inc., TIAA-CREF Investment Management, LLC, Teachers Personal Investors Services, Inc. (TPIS), TIAA-CREF Individual & Institutional Services, LLC, TIAA-CREF Tuition Financing, Inc. (TFI), TIAA, FSB (Trust Company), Kaspick & Company, LLC, TIAA-CREF Brokerage Services, a division of TIAA-CREF Individual & Institutional Services, LLC.
By clicking the "Get Started" button, you agree to be bound by, and to act in accordance with these Terms and Conditions of Service, this User Agreement and Terms and Conditions of TIAA.org in order to use TIAA Safe Estate. You certify that you are at least 18 years of age and are a US Resident.
By clicking "Get Started", I agree that I have read and accept TIAA Safe Estate's Terms and Conditions of Service and the Terms and Conditions of TIAA.org.