CYAN CAPITAL GROUP – DISCLOSURES & TERMS OF USE
I. Introduction
These Terms of Use govern your access and use of the Web sites of the Cyan Capital Group Inc.®, its affiliates and subsidiaries (as used here “Cyan®” refers to the Cyan Capital Group Inc.®, its affiliates and subsidiaries, jointly and severally). All information accessed or viewed is considered confidential and is for only authorized personal or business purposes.
II. Acceptance of Terms
These Web sites are the property of one or more of the member companies and/or affiliates of the Cyan Capital Group Inc.®, Inc. By linking, referencing, using or accessing Web sites of Cyan, you agree to these Terms and Conditions, including agreeing to indemnify and hold harmless Welkin from all claims of any nature arising from your access and use of these Web sites. These Terms and Conditions may be changed at any time at the sole discretion of Cyan. These Terms and Conditions pertain to all Web sites of Cyan, including Web sites owned, operated or sponsored by any of the subsidiaries or affiliates of Cyan.
III. Consent to do Business Electronically
This system/application is the property of one or more of the member companies and/or affiliates of the Cyan Capital Group Inc.®. You may use this system/application to gain access to authorized information only. By Consenting to do Business Electronically, you:
- Consent to do business and to conduct transactions electronically with the member companies and affiliates of the Cyan Capital Group Inc.®. Although this consent applies to any transactions conducted through the Web sites of Cyan Capital Group Inc.®, you typically are not required to conduct transactions electronically. You may continue to conduct transactions through other methods available to you (such as calling customer service or filling out paper forms);
- Certify that you are the person identified by that information. If you are not that person and/or you are attempting to access someone else’s information, you are in violation of federal and/or state law and should exit this application now. Suspected violations may be reported to state and/or federal authorities;
- Certify that if you are accessing this system/application on behalf of your employer, you have the appropriate authority to conduct business electronically on behalf of your employer;
- Accept and agree to be bound by the Disclosures and Terms of Use that apply to the Web sites of the Cyan Financial Group, member companies and affiliates. The Disclosures may be viewed by clicking on the link at the bottom of each page on principal.com;
- Consent to, and acknowledge that activity through the Web sites of the Cyan Capital Group Inc.® may be viewed, monitored and recorded by the Cyan Capital Group Inc.® in order to help prevent and detect potential fraud or other abuse, including unauthorized access to information; and
- Have the right to withdraw this consent for future transactions by calling 212.949.4363. By making this request, you will not be able to conduct business electronically with the Cyan Financial Group, and you will not be able to access accounts and information online. If you agree to this Consent, you should keep us informed of any change in your e-mail or mailing address. You may update your e-mail or mailing address by calling 212.949.4363 or online through the Change E-mail and Change Address links located in the Tools section (once you’ve logged in).
When presented with the Consent to do Business Electronically, if you do not agree with any of these items, you should select the “Do Not Consent” button and exit the system/application. By selecting “Do Not Consent” you will not be able to conduct business electronically with the Cyan Capital Group Inc.®, which includes not being able to access accounts and information online.
We recommend that you print or save this Consent to retain a copy for your records. Please remember never to share your username and password with anyone. Your username and password are unique to you. If you give this information to another person, they will have access to account details.
Hardware, Software, & Browser Information. For the best possible experience using Web sites of the Cyan Capital Group Inc.®, we recommend you:
Use Internet Explorer 6.x, 7.x or 8.x.
Use Firefox 2.x or 3.x.
Use Adobe Acrobat 7.0 and above.
Be able to receive e-mail.
Have access to a computer and operating system that can support these functions and software, and that permits you to either save files on a storage device for later reference or is connected to a printer that will print out information displayed on your Internet browser.
Additional hardware and software recommendations are available in section XIV of these Disclosures and Terms of Use.
IV. Secure Web Sites
By using, accessing or attempting to access Web sites of Cyan that require the use of Passwords, Personal Identification Numbers (PINs) or any other method of authentication or any combination of authentication methods (these are defined as “secure Web sites”), you are certifying you are the person legally associated with the passwords, PINs or method(s) of authentication being used. Unauthorized access or use or attempts to access or use secure Web sites of Cyan is prohibited and may violate federal and/or state law. Cyan may report unauthorized access, use or attempts to access or use to law enforcement.
V. Products and Services
Products and services are offered through the Cyan Financial Group and its subsidiaries. Not all products and services described are available in all states of the USA, or elsewhere in the world. Eligibility for certain products and services may vary.
Information provided on the Web sites regarding our products and services is not intended to take the place of our agreements governing our products and services, or our disclosures made in accordance with federal and state law. Additionally, this agreement does not take the place of any legally required disclosures for any products or services offered by any of the member companies of Cyan.
VI. Children and Cyan Web Sites
The Web sites of Cyan are intended to be used by adults only and are not directed at minors. Children, before sending any information about yourself over the Internet to Cyan, you should ask your parents for permission. Adults, by allowing minors access to the Web sites of Cyan, you agree to accept full liability and responsibility for minors’ use, action and access to such Web sites.
VII. Intellectual Property; Link and Logo Licensing
The content found on Web sites of Cyan, including without limitation, the text, graphics, videos, selection and arrangement of information, and page layouts, is protected by copyright and other intellectual property laws and treaties. You may download and print copyrighted materials for your personal non-commercial use only. You may not modify, transmit, or distribute any of the copyrighted materials without the specific written consent of Cyan. Trademarks, service marks and logos used on Web sites of Cyan are registered and unregistered trademarks, protected by the laws of the United States and other countries worldwide. Trademarks, service marks and logos used on these Web sites that have been provided by others are the property of their respective owners. You may not use any of the trademarks, service marks or logos found on these Web sites without the specific written consent of Cyan or their respective owners.
If you would like to link to Cyan or use its logos on your site, please contact us with a formal request.
VIII. Privacy
All personal information is subject to the Privacy Policy of Cyan. The information for the accounts you have with Cyan is kept secure and confidential through multiple security features and procedures. See our online privacy and security policies for further information:
Cyan Capital Group® Online Privacy Policy
IX. No Legal or Investment Advice; Calculators/Calculations
While this communication may be used to promote or market a transaction or an idea that is discussed in the Web sites of The Cyan, it is intended to provide general information about the subject matter covered and is provided with the understanding that The Cyan is not rendering legal, accounting, or tax advice. It is not a marketed opinion and may not be used to avoid penalties under the Internal Revenue Code. You should consult with appropriate counsel or other advisors on all matters pertaining to legal, tax, or accounting obligations and requirements.
Retirement and/or financial calculators/calculations which may be provided within these Web sites are provided solely for you to estimate hypothetical future financial or retirement status. You are responsible for the accuracy of any estimates and should not rely solely on these calculators. Seek advice from qualified providers before you make any investment or retirement decisions.
X. Links to Other Sites – Limitation of Liability
Cyan may provide, or third parties may provide, for your convenience and information only, links to other World Wide Web sites. Because Cyan does not have control over these sites, you agree that Cyan is not responsible for any liability resulting from the access or use of sites not owned by Welkin and that Cyan is not responsible for any content, advertising, product, or any other matter or issue, available through the World Wide Web, whether linked to, or from, Web sites of Cyan. Further, you agree that Cyan shall not be responsible or liable, directly or indirectly, for any damage or loss caused, or alleged to be caused by or in connection with the use of Web sites Cyan does not own.
XI. Third Party Applications – Modification Prohibited
Cyan may provide you with access to third-party applications and services through its Web sites. You agree not to modify, decompile or reverse engineer any such third party applications, or any code related to such third party applications.
XII. Termination and Blocking
You agree that Cyan reserves the right to terminate and/or block your use or access of its Web sites for any reason without prior notice to you.
XIII. Monitoring
Cyan reserves the right to monitor your access and use of its Web sites without notification to you. Cyan may record or log your use in a manner as set out in Privacy and Security.
XIV. Hardware and Software Recommendations
We recommend using a computer with a Pentium 4+, 1.8+ GHz processor, minimum 256+ MB (megabytes) of RAM (Random Access Memory), at least a 56K Internet connection speed and 40 GB hard disk storage, CD-ROM – 48X, Windows 2000 or XP Operating System, Microsoft Office 2000 (or higher).
XV. Export Control
The United States controls the export of products and information. You agree to comply with such restrictions and not to export or re-export any Material to countries or persons prohibited under the export control laws. By downloading any Material, you are agreeing that you are not in a country where such export is prohibited and that you are not a person or entity to which such export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of any Material.
XVI. Limitation of Liability
YOU AGREE THAT YOUR ACCESS TO, AND USE OF, THE WEB SITES OF CYAN AND THE CONTENT THEREOF IS AT YOUR RISK. YOU AGREE, THAT UNDER NO CIRCUMSTANCES SHALL WELKIN BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING FROM VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES OR YOUR REFERENCING, USING, ACCESSING, INABILITY TO USE OR ACCESS OR LINKING TO OR FROM THE WEB SITES OF CYAN OR ANY ERRORS OR OMISSIONS IN THE CONTENT THEREOF. There are some jurisdictions that do not allow for the exclusion of certain warranties or the limitation or exclusion of liability for consequential or incidental damages. Based on this conclusion, the liability of Cyan is limited to the greatest extent permitted by law.
XVII. Governing Law; Severability
These Terms of Use are governed by the laws of the State of New York with jurisdiction and venue being in New York, NY. You agree that your referencing, using or accessing Web sites of Cyan constitutes your acceptance of the jurisdiction of state or federal courts in New York, NY and that legal action may be brought against, or by, you must be brought in state or federal courts in New York, NY.
In the event any of the provisions of these Terms of Use shall be determined by a court of competent jurisdiction to be invalid, any such provision determined to be invalid shall not effect the validity of all remaining provisions.
