Terms and conditions

Updated September 30, 2016

When you register to use 360° Financial View service (the “Service”), you agree to be bound by these Terms and Conditions. By registering to use the Service, you also are providing a direction to the TIAA companies (as defined in the next paragraph) to use and share your information as described in this document; furthermore, you are directing the TIAA companies to allow a third company, Yodlee, Inc. (“Yodlee”), to access and use your information displayed in the Service as described in this document.  If you object to any of these activities or any aspect of these Terms and Conditions, then please do not register for the Service.

 

"You" means a customer of a TIAA company and authorized, authenticated user of TIAA.org, who registers to use the Service. "We" and "us" mean Teachers Insurance and Annuity Association of America, its affiliates and companion entities, whether or not they use the TIAA brand, and whether or not listed in the TIAA Privacy Notice located in TIAA.org (individually, a “TIAA company” and collectively, “TIAA.”)  A “TIAA account” refers to any financial account you may have with a TIAA company.  You may be the customer of one or more TIAA companies by virtue of opening a financial account with a TIAA company. You may desire to allow a TIAA company access to your information in advance of becoming a customer, such as in preparation for a financial advice session, without the creation of a TIAA account.   In this case, you are a “prospective customer” of that TIAA company.   Yodlee is the company that owns and implements the Service on behalf of TIAA and, through your registration to the Service and these Terms and Conditions, you are expressly granting certain rights to Yodlee directly.

The Service is an online personal financial information management service that enables you to consolidate your financial information dispersed across multiple third party web sites ("third party sites") into one place in order to assist you in viewing your finances. Upon your authorization and instruction, this Service will retrieve, compile, maintain and help you organize your financial information from the various third party sites you designate. The Service will also include automatically information about your TIAA accounts linked to the user id that you use to view your account(s) online through which you enrolled in the Service. This third party site account information, TIAA account information and any of your information retrieved through the Service is collectively referred to as “your Content”.

 

While the Service is facilitated by TIAA, your use of the Service is subject to these Terms and Conditions only, including all disclaimers and limitations of liability contained herein.  The Service is consistent with the TIAA Privacy Notice, in that we are only collecting, sharing and using your Content based on your consent to these Terms and Conditions.

When you register for the service, you agree to the following:

(1) you direct Yodlee and each TIAA Company of which you are a customer or a prospective customer permission to access your account on those third party sites designated by you, on your behalf, to retrieve your account information on your behalf and to register your accounts requested by you solely in connection with the Service;

 

(2) for all purposes hereof, you hereby grant Yodlee and each TIAA company of which you are a customer or a prospective customer a limited power of attorney, and you hereby appoint each of them as your true and lawful attorney-in-fact and agent, with full power of substitution and resubstitution, for you and in your name, place and stead, in  any and all capacities, to access third party internet sites, servers or documents, retrieve information and use your Content with the full power and authority to do and perform each and every act and thing requisite and necessary, to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person.  YOU ACKNOWLEDGE AND AGREE THAT WHEN ANY TIAA COMPANY OR YODLEE ACCESSES AND RETRIEVES INFORMATION FROM THIRD PARTY SITES IN CONNECTION WITH PROVIDING YOU THE SERVICE, SUCH TIAA COMPANY AND YODLEE ARE ACTING AS YOUR AGENT, AND NOT THE AGENT ON BEHALF OF THE THIRD PARTY.  You agree that third party account providers shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by you.  You understand and agree that the Service is not endorsed or sponsored by any third party account providers accessible through the Service.

 

(3) you are licensing to each TIAA company and its service providers, including Yodlee, any information, data, passwords, materials and your Content you provide through or to the Service.  Such TIAA company and Yodlee may use, modify, display, distribute and create new material using such information to provide the Service to you.  As between TIAA and Yodlee, TIAA owns your confidential account information, but TIAA shall act only under your direction and these Terms and Conditions;

 

(4) you direct each TIAA company of which you are a customer and each TIAA company of which you are a prospective customer to use your Content from the Service to (i) prefill any forms memorializing a transaction that you have solicited from any TIAA company; (ii) be shared with a TIAA financial advisor in anticipation of a financial advisory session requested by you; (iii) be shared with a TIAA financial advisor to facilitate a transaction you have requested from a third party(including but not limited to states issuing educational savings accounts and charities); (iv) be shared among TIAA companies for analysis; and (iv) take any action to which you have consented or any transaction that you have solicited.  Furthermore, you appoint, and direct each TIAA Company to appoint Teachers Insurance and Annuity Association of America as your agent for these limited purposes with respect to Yodlee;

 

(5) you direct TIAA to allow Yodlee to access your Content through the Service and aggregate it with other content, de-identify it in accordance with Yodlee’s processes and use restrictions, and use such aggregate information for its own purposes;

 

(6) you are a legal owner of the accounts at the third party sites which you designate in the Service and that you have the authority to:

(i) designate Yodlee and us as your agent,

(ii) use the Service, and

(iii) give Yodlee and us your passwords, user names, and all other information you provide;

(7) you will be able to view financial accounts that may require multi-factor authentication through a screen that may require single factor authentication; however, the Service does not have the capability to initiate transactions affecting your financial accounts or provide notices or instructions affecting such financial accounts;

(8) third party account providers shall be entitled to rely on the above authorizations, agency and power of attorney granted by you;

(9) the Service is facilitated by TIAA, but it is not sponsored or endorsed by TIAA or providers of the third party accounts you access through the Service, and use of this Service is at your sole discretion;

(10) the Service does not provide tax, legal or investment advice;

 

(11) you agree that your Content is true, accurate, current and complete, and that you have the right to provide your Content to us and Yodlee. You agree to not misrepresent your identity or your account information. You agree to keep your account information up to date and accurate; and

 

(12) you are permitted to your Content delivered to you through the Service only on the Service. You may not copy, reproduce, distribute or create derivative works from your Content, except as provided herein. Further, you agree not to reverse engineer or reverse compile any of the Service technology, including but not limited to, any Java applets associated with the Service.

You agree not to use the Service or the content or information delivered through the Service in any way that would:

(a) infringe any third-party copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy;

(b) be fraudulent, including but not limited to use of the Service to impersonate another person or entity; or

(c) violate any applicable law, statute, ordinance or regulation.

You agree not to resell or make any commercial use of the Service or the content or information delivered through it. 

 

You agree to protect and fully compensate TIAA, Yodlee and our respective affiliates from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys’ fees) caused by or arising from your use of the Service, your violation of these Terms and Conditions or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.

YOU AGREE THAT NEITHER TIAA, NOR ITS THIRD PARTY SERVICE PROVIDERS, INCLUDING YODLEE, NOR ANY OF THEIR RESPECTIVE AFFILIATES WILL BE LIABLE FOR ANY HARMS, WHICH LAWYERS AND COURTS OFTERN CALL DIRECT, INDIRECT, INCIDENTIAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF WE OR YODLEE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM:

(i) THE USE OF OR INABILITY TO USE THE SERVICE;

(ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES;

(iii) ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICE;

(iv) UNAUTHORIZED TRANSMISSION OR ACCESS TO OR ALTERATION OF YOUR DATA;

(v) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICE;

(vi) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY ACCOUNT PROVIDER SITE, EVEN IF THE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES; or

(vii) ANY OTHER MATTER RELATING TO THE SERVICE.

Unauthorized technical or other difficulties may result in loss of data, personalization settings or other Service interruptions. We do not assume responsibility for and you will forever hold us harmless from the untimeliness, deletion, mis-delivery or failure to store any user data, communications or personalization settings.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

1. YOUR USE OF THE SERVICE AND ALL INFORMATION, PRODUCTS AND YOUR CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YODLEE AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) 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.

2. YODLEE AND WE MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED.

3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

Yodlee and we reserve the right to change, suspend or cancel these Terms or the Service at any time, in our sole discretion, without notice. We may also suspend your access to the Service at any time without notice and for any reason. You agree that we will not be liable to you or any third party for any modification, suspension or termination of the Service.

You agree that TIAA’s third party service providers, including Yodlee, are third party beneficiaries to these Terms and Conditions, with the power to enforce them as if they were parties to them.