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"). If you are a customer of one or more of the TIAA Family of Companies, TIAA Safe Estate is offered to you in connection with your financial accounts displayed in the TIAA.org website.
Security of Content. The security of your account and the information you store with us is important to TIAA. While we use industry standard safeguards to protect your information, no site can promise 100% security. Therefore, we cannot guarantee the absolute security of your account and your information. To keep your account 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 your accounts, 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 Tab.
Terms and Conditions
Please carefully read these Terms and Conditions ("Terms of Use") before using this Service. By using this Service, you agree to follow and be bound by these Terms of Use. Nothing contained in these Terms of Use is intended to modify or amend any other agreement, including any customer or account agreement that governs your use of information, content, tools, products and services available on and through this Service.
If you agree to use this Service, TIAA will create an account (your "Account") and grant you individual access to this Service through TIAA.org. Your use of this Service and its features may be monitored by TIAA and information related to your use of this Service may be used for TIAA’s internal business purposes, without liability. You can get more information about data that TIAA collects about your use of this Service or from any information that you make available to TIAA by consulting our Online Privacy Notice, which is incorporated herein by reference and the receipt of which you acknowledge.
TIAA may periodically modify these Terms of Use, and any modifications will be effective immediately upon posting. TIAA suggests that you periodically check these Terms of Use for modifications. If you do not agree to these Terms of Use, do not use this Service.
Participation in This Pilot Program. If you agree to use this Service, you will be participating in a pilot program. Before we provide this service more broadly to all of our clients, TIAA is looking to test the program on a small scale to learn how the project might work in practice and to test for ease of use, functionality and potential areas of improvement. You agree that your participation in this service is voluntary and that TIAA will not compensate you for your participation in the pilot. You also agree that your participation in this Pilot Program is subject to the overarching 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 your family in their future financial well-being (e.g. Will, Power of Attorney, instructions on who is your proxy for your health decisions). please note that this service is not intended for documents relating to your health and/or risk conditions that may be of interest to your family and/or blood relatives. do not upload such documents in the service.
As part of the Service, TIAA will provide Users general education as to what it means to be financially prepared at different life stages and it will provide tools to upload such documents for secure storage and tools for adding related notes. The Service is not a substitute for legal, tax or accounting advice or planning, and you 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.
Users can store, upload, access, download, review, share and delete copies of any documents and information uploaded by Users to their Account. Users also 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 you upload will be referred to herein as "Content." You 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, depending on the state where you live, a digital copy may not be sufficient to demonstrate the validity of a document: without the original, you or your heirs may not be able to enforce the rights contained in such documents. For example, your assets may go to a different person than you designated in your Will. This can happen if the law of your state requires an original Will instead of the digital copy retained in the Service, and you either misplaced the original or your heirs cannot locate it. TIAA will not be responsible for any original document or your failure to designate its location.
If you are working with a TIAA advisor, such advisor will not be able to view, open, rename or delete Content which you have uploaded. However, the advisor will have the ability to view a list of the types of Content you submit through the Service (e.g. Will, birth certificate, life insurance policy) though they will not be able to see the content or details.
You are solely responsible for any activity that occurs on your Account including activity by your delegates and for any Content which you or a delegate add, create, upload, store or distribute and you represent that all Content provided, generated or maintained on your Account is accurate, complete, current and in compliance with all laws.
You may ask your Advisory Team or your delegate(s) to upload files on your behalf, as a convenience to you. However, you are responsible for reviewing the files uploaded to ensure they have been successfully and accurately uploaded. Your Advisory Team member and delegate(s) will have access to any Content he or she uploaded on your behalf for 48 hours in order to correct any errors. Your Advisory Team will return any documents which they upload on your behalf.
Accessing the Service. The Service is only available to registered users of TIAA.org. Therefore, if you have not already done so, you will need to register with TIAA.org. Please follow the prompts in TIAA.org. You agree to all of the Terms of Use, Privacy, Security requirements of TIAA.org, as the same may be modified from time to time. This includes not sharing your online credentials with anyone, including your Delegates. If you become aware of any suspicious or unauthorized conduct concerning your TIAA accounts, this Service, User IDs, passwords, or security questions and answers, you agree to contact TIAA immediately. All of the terms and conditions of TIAA.org apply, and TIAA will not be liable for any loss or damage arising from your failure to comply with them or these Terms of Use.
You are responsible for providing all equipment and services required to access the Service over the internet and for you to upload your Content. TIAA is not responsible for any fees, costs or expenses relating to your use, including uploading, viewing or downloading your Content. Access to the Service may not be available due to maintenance or circumstances beyond our control. TIAA may discontinue or modify access to the Service at any time without prior notice and you accept any modifications by your continued use of the Service. If you wish to terminate your Account and this Service, you may contact us as follows:
- Send an email to TIAASafeEstate@tiaa.orgOpens Email requesting that your account be closed.
- Send a written request to P.O. Box 1259, Charlotte, NC 28201 to the attention of TIAA Safe Estate requesting that your account be closed.
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.
Content. Subject to our Privacy Policy, you are licensing to us any Content. TIAA may use, modify, display, distribute and create new material using such Content to provide the Service to you. By submitting Content, you hereby represent and warrant that the owner of such Content has expressly agreed that, without any particular time limit, and without the payment of any fees, TIAA may use the Content for the purposes set out in these Terms of Use. You also represent and warrant that all Content you provide to us is accurate, current and complete, and that you have the right to provide this information to us, and TIAA is not required to contact owners of any Content provided by any third party for any purpose. You agree to not misrepresent your identity or your account information. You agree to keep your account information up to date and accurate.
Termination of Service. The rights granted to you herein terminate immediately upon any violation by you of these Terms of Use, including any of the Privacy, Security or Terms of Use contained in TIAA.org. TIAA, in its sole discretion, reserves the right to temporarily or permanently terminate your access to and use of this Service at any time and for any reason whatsoever, without notice or liability. If your access is suspended or terminated by us, TIAA reserves the right to permanently destroy your Content. TIAA also reserves the right to destroy anything which is deemed to be illegal, offensive, inappropriate, or in contravention of this User Agreement, without notice to you. To terminate your Account with us, please send your termination request to P.O. Box 1259, Charlotte, NC 28201. If you elect to terminate your Account, TIAA will use reasonable efforts to shut off access to the Account and to destroy all copies of your Content. If you instruct us to delete any of your Content, TIAA will use reasonable efforts to delete the specified Content. You agree that these actions may result in the loss of files or data which may not be recovered. TIAA will not be liable to you, your Delegates or any third party for any termination of your access to or use of this 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.
Sharing Information with Delegates. You can invite trusted individuals to become delegates for your TIAA Safe Estate information by selecting Add Delegate under the My Delegates section of your dashboard. You can have unlimited delegates, each with customized access (i.e., you decide which contacts and topics delegates can access and whether they can upload files to your account). You can delete or rename any files a delegate adds to your account, but a delegate can never rename or delete files that you upload. You can change or delete a delegate’s access anytime by selecting their name from your My Delegates section. For more information see the "What is a delegate?" FAQ in the Education Center.
Sharing Information Upon Death. To share your Content (defined above) with delegates upon your death, you must give them survivor designee access as part of the TIAA Safe Estate delegate process. For more information see the "What is a survivor designee?" FAQ in the Education Center. You can revoke survivor designee access at any time. TIAA does not notify your survivor designee of their appointment. You may notify such person(s) if you so choose. You may also want to let such person(s) know that the TIAA Beneficiary Relationship Team will assist in the processing of information and provide instructions on next steps. They can be contacted at 1-888-380-6428.
Upon notification of death, TIAA may attempt to contact your Survivor Designee(s) with the information you have provided in the Service. No attempt will be made to contact a Survivor Designee(s) until TIAA has received notification of death. If we are unable to contact your Survivor Designee(s) no further action will be taken.
Administrative Terms. If any of these Terms of Use are found to be void and/or otherwise unenforceable, then a court shall endeavor to give effect to the intentions reflected in the invalid provision and the rest of the terms will be upheld between the parties. These Terms of Use shall be construed under the laws of the state of New York and any suit relating to these Terms of Use shall be proper in venue and jurisdiction in the federal and/or state courts located in New York, NY without regard to conflicts of law. These are the complete terms relating to the Service. Neither party will be held responsible for delays in the Service caused by Force Majeure events. All claims relating to the Service must be raised within one year after such claims arise or be forever barred. Our failure to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision.
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 individuals 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.
Indemnification. As a condition of your use of the Service, you agree to indemnify and hold TIAA, its directors, officers, affiliates, subsidiaries, independent contractors, designees and assignees harmless from and against any and all claims, losses, liability, costs and expenses (including but not limited to attorneys' fees) arising from your use of TIAA Safe Estate, or from your violation of these Terms of Use.
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 delegate.
if you live in a state that does not allow the limitation or exclusion of liability or incidental or consequential damages, or if you access the service solely through an arrangement with your employer or plan sponsor, 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.
TIAA reserves all rights not expressly granted in these Terms of Use.
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.