1. Description of our Empower Personalized Experience

Our goal is to provide you with financial wellness tools and services for a better financial life. The Empower Personalized Experience is comprised of the following features and services:

Financial account aggregation

We offer financial account aggregation, where Empower will retrieve your financial account information, such as your account balances, transactions and holdings, from financial institutions you designate. Financial account aggregation is an optional service you may utilize by providing financial account credentials, allowing us to securely connect with third-party financial institutions to present your financial information on the Empower Personalized Experience. Our account aggregation services are regularly refreshed, providing you with up-to-date financial account information (some financial institutions may require you to re-authenticate your credentials on a regular basis to update your account balances).

For aggregation services, Empower partners with Envestnet | Yodlee. Envestnet | Yodlee is subject to bank-level data security and examination by the U.S. Federal Banking Agencies, per the Bank Service Company Act. Envestnet | Yodlee provides an added layer of security between stored data and any attempt to access it.

Financial visualizations

Your financial account information, collected through account aggregation or manual account information you provide, is used to display your consolidated financial picture. Financial visualizations include charts, detailed transactional data and other financial account data that we present to you, summarizing your financial life at a glance.

Financial insights

Your financial account information, along with optional personal and financial information you may provide, are used to generate financial insights. We utilize your aggregated account data, along with stated assumptions or information you provide, to share financial observations that can make you aware of your overall financial picture and opportunities to improve it.

Financial Wellness consultations

You may receive a free financial wellness consultation from an Empower representative. The consultation is optional and is a personalized analysis of your financial situation, based on information gathered from your use of the financial account aggregator or interactively with an Empower Representative, to make you aware of potential risks and opportunities within your current financial situation.

2. Acceptance of Terms

This Terms of Use, along with any exhibits, disclosures, addendums or amendments hereto, as the same may be amended or modified from time to time (collectively, the “Terms”) sets forth the terms and conditions applicable to your access and use of the Empower Personalized Experience and our other services that we offer to you through the Empower Personalized Experience or through our representatives. In the Terms, we refer to those who use our services collectively as "users".

Our use of your information obtained in your use of the Empower Personalized Experience is described in Empower's Privacy Notice at https://participant.empower-retirement.com/participant/#/articles/privacy, which explains how we gather, use, disclose and manage your personal information.

By accessing or using the Empower Personalized Experience, you understand and agree to be bound by the terms and conditions of the Terms as it may be amended from time to time in the future.

• NEITHER EMPOWER NOR YOUR PLAN SPONSOR ARE RESPONSIBLE FOR THE ACCURACY OF THE DATA OBTAINED FROM THIRD-PARTY SITES THAT ARE DISPLAYED OR REPORTED THROUGH THE EMPOWER PERSONALIZED EXPERIENCE. While the Empower Personalized Experience may provide significant assistance in helping you manage your finances, you should consult with a professional financial advisor before making investment decisions or deciding on significant changes to your personal financial strategy.
• We reserve the right to change or modify the Terms or our Privacy Notice or modify or discontinue any features and functionality provided through the Empower Personalized Experience, from time to time. If we decide to change the Terms or our Privacy Notice, we will post such changes on the website, and such changes will be effective at such time.
• Your use of the Empower Personalized Experience is being provided to you under a plan services agreement between Empower and your plan sponsor and does not create a relationship between Empower and you.

3. Empower Personalized Experience and Services - Disclaimers

By using the Empower Personalized Experience and our services, you understand and acknowledge that the investment results you could obtain from investment information and financial insights cannot be guaranteed. All investments entail a risk of loss and you may lose money. You also understand that all investments are subject to various market, currency, economic, political, business and other risks. Investments, particularly those in international stocks and stocks of smaller companies, present numerous risks, can be very volatile and can result in a loss of principal. International investments include risks of currency fluctuation, political and economic instability and differences in financial reporting in addition to the risks present in domestic investments. Investments in smaller companies may involve greater risks than investments in larger, more mature companies. The value of debt securities frequently is reduced (sometimes dramatically) by increases in interest rates. While the financial insights we provide may assist in helping you manage your finances, you should consult with a professional investment advisor before making investment decisions or deciding on significant changes to your personal financial strategy.

4. Data and Data Integrity

The overall integrity and quality of the data presented by Empower to you is an important element in providing you with a high quality and accurate picture of your personal finances. Empower, however, is not responsible for and cannot guarantee the accuracy or timeliness of account information we retrieve on your behalf directly, from third-party technology providers, from third-party financial institutions where your accounts are held, or from third-party research/market data providers used to provide the services.

Empower may not be able foresee or anticipate technical or other difficulties which may result in failure to obtain data, personalization settings or other service interruptions. Empower assumes no responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, loss of user data, communications or personalization settings. Empower encourages you to periodically confirm the valuation or execution price of particular investments through independent sources, such as an investment adviser, broker-dealer or other financial institution.

5. Other Obligations While You Use the Empower Personalized Experience

Confidentiality: You agree and understand that you are responsible for maintaining the confidentiality of your account’s login information and password. You should also maintain appropriate anti-virus and anti-malware software on your computer, so that your account login information is not compromised through your own negligence. If you receive evidence that someone has committed fraud by accessing your account you must contact us IMMEDIATELY.

Accurate and Up-to-Date Information: Our services depend on your providing us with complete, accurate and up-to-date information, both now and in the future about yourself and your accounts including your provision of correct contact and account information to us, and never misrepresenting to us your identity or account registration information (e.g., for the use of your third-party websites and accounts).

You agree that you will NOT do any of the following: (i) engage in behavior that will put your personal information at unnecessary risk, such as leaving, transmitting, or publishing your login or passwords; (ii) use our Empower Personalized Experience or any of your accounts for illegal purposes, (iii) use our Empower Personalized Experience to transmit anything that is unlawful, libelous, intended to harass or violate the rights of another; (iv) resell or make any commercial use of the Empower Personalized Experience, as they are intended solely for your use as an end user; (v) reverse engineer or decompile any technology associated with the Empower Personalized Experience, including but not limited to any software applications, Java applets or plug-ins associated with the services; (vi) use any robot, spider, webcrawler, scraper, deep link or similar automated extraction or data gathering mechanism, program or tool to access, copy or monitor our Empower Personalized Experience or any portion thereof without our prior written consent; (vii) post or transmit any file or email which contains viruses, worms, Trojan horses or any other damaging or destructive elements; or (viii) create/register accounts or aggregate financial institutions with the service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper; or (ix) transfer or resell our Empower Personalized Experience.

6. Ownership, Copyright, and Trademark

The technology and content used in connection with the Empower Personalized Experience, are either owned by us or licensed by us from third-party licensors. Such content includes the look and feel of our Empower Personalized Experience and in general include all text, graphics, photographs, illustrations, images, videos, tutorials, notices, software and other content, which is protected by the copyright law of the United States and international treaties, trademark and patent laws, and other intellectual property laws. As part of the Empower Personalized Experience, we grant you a nonexclusive, limited, royalty-free, revocable license to use the Empower Personalized Experience content strictly to facilitate your personal, non-commercial use of the tools and services.

7. Not a Legal or Tax Advisor

Neither we nor our services give, offer or render tax or legal advice. Before making financial or investment decisions, we recommend that you contact an investment advisor, or tax or legal professional.