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AXA - Usage Agreement

1. Introduction

For purposes of this Web site, “AXA” is the brand name for AXA Equitable Financial Services, LLC and its family of companies, including AXA Equitable Life Insurance Company, MONY Life Insurance Company of America, AXA Advisors, LLC, AXA Network, LLC and AXA Distributors, LLC. All AXA companies are directly or indirectly owned by AXA Equitable Financial Services, LLC, and have offices at 1290 Avenue of the Americas, New York, NY 10104, telephone (212) 554-1234. As used in this agreement (“Agreement”), “we”, “us” or “AXA” means one or more of the companies in the AXA family of companies and their respective affiliates, officers, directors, employees, agents and licensors. If you are a financial professional, “you” shall mean you in your capacity as a financial professional using this Web site to provide products and services to clients. If you are a financial professional of a broker-dealer and/or an insurance agency, you represent that you have obtained authorization from such broker-dealer and/or insurance agency to use this Web site for such purpose.

Please read this Agreement carefully. We recommend that you print a copy of the Agreement for your records. To print a copy of this Agreement, select Print from the File menu and select OK from the Print Setup box. We reserve the right to change this Agreement and any information or materials contained on this Web site without notice and your continued use of this Web site constitutes your acceptance of any such changes. YOU SHOULD REVIEW THIS USAGE AGREEMENT FROM TIME TO TIME TO BE AWARE OF ANY CHANGES THAT MAY BE MADE. You may only use this Web site on the terms and conditions set forth in this Agreement. If you do not want to use this Web site on these terms and conditions, you cannot use this Web site. Without limiting the foregoing, you agree to be bound by any affirmation, assent or agreement you transmit through this Web site. If you click on an “I agree,” “I consent” or other similarly worded “button” or entry field, you acknowledge that your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature to the extent permitted by applicable law and that we have relied on such agreement or consent. This Agreement applies only to your use of this Web site and does not apply to any products or services described on this Web site, which may be subject to their own separate terms and conditions. In the event of any conflict between this Agreement and such separate terms and conditions, such separate terms and conditions shall govern and control. Our employees and representatives may be prohibited from using portions of this Web site.

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2. No Advice

This Web site does not provide personalized investment advice. Information, services and products provided do not constitute a representation that your use of this Web site or any actions you may take or refrain from taking as a result are suitable for you or, if you are a financial professional, for clients. All information available to you on or through this Web site is provided for informational purposes only, and no reference to any specific product or service, including any security described herein, constitutes a recommendation to buy, sell or hold that product or service or any other product or service. You acknowledge and agree that your decision to use any information, services or products available on or through this Web site or to take any action or refrain from taking any action as a result of your use of this Web site will be your decision alone, based solely on your own evaluation of your financial circumstances, investment objectives or those of clients and the nature, potential value and suitability of the products and services available through this Web site to you or to clients. You understand that, in making information, products and services available on and/or through this Web site, we provide no tax, legal or investment advice nor do we give advice or offer any opinion with respect to the suitability of any product or service, including any security described herein.

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3. Information and Services Not Guaranteed

We will attempt to have this Web site available seven days a week during the hours of operation. We will also attempt to provide accurate information on it at all times. However, we do not guarantee that this Web site will function without interruption or that all information provided will be accurate or complete. All information is subject to possible correction. Information provided has been prepared from sources and data we believe to be accurate but we make no representation as to its accuracy or completeness. Because some of the information provided on this Web site is obtained from other sources and because there are inherent hazards in distributing information electronically, there may be delays, omissions, or inaccuracies in the contents. Information has been prepared as of the date(s) indicated and may become unreliable because of subsequent market or economic circumstances. We are not under any obligation to update information or continue to offer information regarding any product or service, including any security described herein. Additionally, from time to time, we may be unable to provide information with respect to certain companies with which we have certain business relationships.

Accordingly, all information and services provided on this Web site are provided to you on an “as is,” “as available” basis without warranties of any kind. We cannot and do not make any warranties or representations and, to the fullest extent permitted by applicable law, hereby disclaim with respect to this Web site and its contents all express, implied and statutory warranties of any kind to you or any third party, including, but not limited to, representations and warranties regarding accuracy, timeliness, completeness, currentness, title, noninfringement, merchantability, or fitness for any particular purpose, or any representations or warranties arising from usage or custom or trade or by operation of law. You acknowledge and agree that we are not required to or continue to make this Web site available to you. All information on this Web site, including, but not limited to, all text, analyses, reports, articles, graphics, software applications, video and audio files and photos, trademarks, service marks and trade dress are owned or licensed by us. We hereby grant you the limited, revocable, non-sublicensable right to make and use printouts of this information for the purposes contemplated herein, provided that the printouts retain all copyright, trademark, and other proprietary notices. Except for the limited use rights expressly provided in this paragraph, all rights in such information are reserved.

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4. Limitation of Liability

We will not be liable if you are unable to obtain access to this Web site or information provided is inaccurate or incomplete. We will not be liable for any claim arising out of or relating to the content of this Web site, including, but not limited to, any decision made or action taken by you in reliance upon such content, or any loss or injury caused in whole or in part by negligence, interruptions of service, or by contingencies beyond our control, breaches of security resulting from your failure to ensure the confidentiality of personal information, breaches of security by third parties, information reported through this Web site obtained from third parties or for any types of damages, even if advised of the possibility of such damages.

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE OR OTHER TORTIOUS ACTION, SHALL WE OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, DELIVERING OR MANAGING THIS WEB SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS WEB SITE OR OUT OF ANY BREACH OF ANY WARRANTY EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OR LIMITATION OR LIABILITY WILL NOT APPLY TO THE EXTENT THAT ANY APPLICABLE STATUTE PROHIBITS SUCH EXCLUSION OR LIMITATION OF LIABILITY.

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5. No Offer

This Web site is not all-inclusive. Neither this Web site nor any information provided by this Web site should constitute an offer or solicitation to sell any security or other product or service. The information provided shall not be solely relied on to make a financial decision about any product or service described herein. This information is provided without regard to the specific investment objectives, financial situation and needs of any specific recipient of this information and investments discussed may not be suitable for all investors. Investors should seek financial advice regarding the suitability of investing in any securities or following any strategies discussed.

You further understand that AXA and/or any of its affiliates, their employees and/or financial representatives may hold positions in the securities listed or otherwise mentioned on this Web site or in the information obtained through this Web site.

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6. Linking from this Web Site

In the event you use the links included on the Web site to gain access to a World Wide Web site or Internet location or source of information of any other company, organization or person, you acknowledge that such other sites or locations are not under our control and agree that we shall not be responsible for any information or other links found at any such World Wide Web site or Internet location or source of information, or for your use of such information. We provide such links only as a convenience to you and have not tested any software or verified any information found at such sites, including the content of any prospectus or sales literature contained on such sites (except with respect to a prospectus or sales literature prepared by us). The fact that we have provided a link to another site does not signify an endorsement of the site or its contents by us or constitute a recommendation by us of any security referenced on the Web site.

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7. Amendment, Modification and Waiver of this Agreement

Except as herein provided, no waiver, modification or amendment of any provision of this Agreement will be effective against us unless the same is in writing and posted on this Web site.

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8. Accounts

This Web site is provided for your convenience only and we reserve the right to refuse to process any submitted transaction for any reason. This Web site is not all-inclusive. It is not intended to provide an official record of all transactions you may have with AXA companies. Information about some products and services acquired from or through the AXA companies may not be available on this Web site. If you are required to register to use any portion of this Web site, you must complete the registration process by providing current, complete and accurate information as prompted by the applicable registration form. You must also choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities undertaken using you password and user name. You agree to notify us immediately if you become aware of any unauthorized use of this Website or any other breach of security. We will not be liable for any loss that you or clients may incur if someone else uses your password or user name to access this Website, either with or without your knowledge. In such event, you could be held liable for losses incurred by us, by clients and by others. Except for publicly available web browser software, or other applications provided or approved by AXA in writing, you agree not to use any software, program, application or any other device to access the Web site or to obtain any content from the Web site.

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9.  Communications

This Web site may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities and/or other message or communication facilities designed to enable you to communicate with others. You agree to use the Web site only to post, send and receive communications and material that are proper. Without limiting the foregoing, you shall not:

  • Restrict or inhibit any other user from using and enjoying the Web site.
  • Use the Web site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
  • Interfere with or disrupt any servers or networks used to provide the Web site or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Web site.
  • Use the Web site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
  • Gain unauthorized access to the Web site, or any account, computer system, or network connected to this Web site, by means such as hacking, password mining or other illicit means.
  • Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Web site.
  • Use the Web site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
  • Use the Web site to upload or transmit any text, scripts, graphics, photos, sounds, music, videos, information, software or other materials that violate or infringe upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.  If you do provide such materials, you affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to upload and publish such materials and agree to indemnify and hold AXA Equitable harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including, but not limited to, reasonable attorney's fees) arising from a breach of this representation.
  • Use the Web site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
  • Use the Web site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.
  • Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Web site. 

We have no obligation to monitor any communications or other materials posted to the Web site and reserve the right to remove any such communications and materials posted to the Web site with or without review in our sole discretion. We reserve the right to terminate your access to any portion or all of the Web site at any time, without notice, for any reason whatsoever.   We reserve the right at all times to disclose any information as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any communications, information or materials, in whole or in part, in our sole discretion.   Managers and hosts are not authorized AXA Equitable spokespersons, and their views do not necessarily reflect those of AXA Equitable.  Materials uploaded to the Web site may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.  By uploading any materials to the Web site you are granting us, our sucessors, affiliates and our agents the perpetual, irrevocable, non-exclusive worldwide, royalty-free, sublicenseable and transferable right to use, copy, distribute, transmit, publicly display, publicly perform, edit, translate, prepare derivative works of, and reformat your submission, in any media formats and through any media channels, and the right to publish your name in connection with the submission.   Further, we are free to use any ideas, concepts, know-how  or techniques that you may submit to us through this Web site for any purpose.

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10. Separability

If any provision or condition of this Agreement shall be held to be invalid or unenforceable by any court, or regulatory or self-regulatory agency or body, such invalidity or unenforceability shall attach only to such provision or condition. The validity of the remaining provisions and conditions shall not be affected thereby and this Agreement shall be carried out as if any such invalid or unenforceable provision or conditions were not contained herein.

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11. Headings are Descriptive

The heading of each provision hereof is for descriptive purposes only and shall not be deemed to modify or qualify any of the rights or obligations set forth in each such provision.

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12. Termination of Service

We may block access to the use of this Web site without prior notice in the event we elect to discontinue such service on a temporary or permanent basis or in the event that you breach this Agreement. We also reserve the right to block access to this Web site if we have reason to believe that the general security and/or integrity of the system is being compromised.

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13. Minors

This Web site does not intend to market any of our products or services to children under thirteen (13) years of age, and we do not knowingly gather or solicit data from children under thirteen (13) years of age through this Web site. By using this Web site you represent that you are not under thirteen (13) years of age.

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14. Digital Millenium Copyright Act (DCMA)

The AXA Equitable Designated Agent to receive notification of alleged infringement under the DMCA is Benedict G. Carmicino, VP & Counsel, 1290 Avenue of the Americas, New York, NY 10104, email: benedict.carmicino@axa-equitable.com, phone: 212-314-3911, fax: 212-707-7991. The DCMA requires that notices of alleged infringement include specific information.  Upon receipt of notification of an infringement claim we will follow the procedures outlined in the DCMA.

 

15. Miscellaneous

This Agreement is the complete and entire statement of the agreement between us and shall be governed by the laws of the State of New York without regard to conflicts of laws.

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Notes

Securities offered through AXA Advisors, LLC (NY, NY 212-314-4600), member FINRA, SIPC.  Investment advisory products and services offered through AXA Advisors, LLC, an investment advisor registered with the SEC.  Annuity and insurance products, including those of AXA Equitable Life Insurance Company (AXA Equitable), offered through AXA Network, LLC and its insurance agency subsidiaries. AXA Network, LLC does business in California as AXA Network Insurance Agency of California, LLC and in Utah as AXA Network Insurance Agency of Utah, LLC. 

AXA Advisors, LLC offers products and services of LPL Financial, a broker/dealer and registered investment advisor.  AXA Advisors, LLC, member FINRA/SIPC, serves as the introducing broker/dealer and LPL Financial, member FINRA/SIPC, serves as the clearing broker/dealer for brokerage accounts. AXA Advisors, LLC serves as an investment advisor and LPL Financial serves as the principal sponsor, an investment advisor and the broker/dealer for the LPL Financial investment advisory programs offered through AXA Advisors’ Financial Professionals.   

Life Insurance products are issued by AXA Equitable Life Insurance Company (AXA Equitable)  and MONY Life Insurance Company of America (MLOA) outside of New York.  Co-distributed by AXA Advisors, LLC (member FINRA, SIPC) and AXA Distributors, LLC (member FINRA).  All companies are affiliated, are directly or indirectly owned by AXA Equitable Financial Services, LLC, and are located at 1290 Avenue of the Americas, New York, NY 10104, (212) 554-1234.Revised January 6, 2014