Terms and Conditions of Use

Welcome to the ShareBuilder 401(k) Web site. These terms and conditions govern your use of our site:

Ownership
This Web site is owned and operated by ShareBuilder Securities Corporation, ShareBuilder Advisors, LLC, and their parent company, ShareBuilder Corporation (together, "ShareBuilder"). Any legal claims or concerns regarding this Web site should be addressed to:

Except where otherwise indicated, the content featured or displayed on this Web site, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations and software, belong to ShareBuilder, its licensors and its content providers, and is protected by copyright, trade dress, moral rights, trademark and other laws relating to intellectual property rights, to the fullest extent applicable under both United States and foreign laws. Unauthorized use of the materials available on this Web site could subject you to liability under copyright, trademark, trade dress, unfair competition, and other laws of the United States.

License
ShareBuilder authorizes you to copy materials on this site to a hard drive for the purpose of viewing and using the site on your computer. You may also print portions of the site in hard copy for the sole purpose of facilitating your personal, noncommercial use and retention of information from the site. You may not sell or modify the material or reproduce, republish, display, publicly perform, distribute, or otherwise use the material in any way for any public or commercial purpose. Unauthorized use of this material on any other Web site or in a networked computer environment for any purpose is prohibited. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Web site or its content. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage or users. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of the Web Site, except to the extent permitted above.

Trademarks
ShareBuilder, the ShareBuilder logo and ShareBuilder 401(K) are trademarks of ShareBuilder, protected under the laws of the United States and other countries. Other parties' trademarks used, depicted or identified on this Web site are the property of their respective owners, used here by permission, and may be registered in one or more countries. Use on this Web site of the trademark(s) of any other party is not intended to imply ShareBuilder's affiliation with or endorsement of that party, or that party's sponsorship or endorsement of ShareBuilder, its products or services.

Advertisers
This Web site may contain advertising. Advertisers are responsible for ensuring that material submitted for inclusion on our Web site is accurate and complies with applicable laws. We are not responsible for advertisers' materials, and make no representation with respect to the goods and services advertised or the legality or accuracy of such advertising.

Digital Millennium Copyright Act: Notification of Alleged Copyright Infringement
We avail ourselves of the protections of the Digital Millennium Copyright Act and reserve the right to remove any content that is alleged to infringe the copyright of another party. Notices to us regarding any alleged copyright infringement on our Web site should be directed to ShareBuilder's General Counsel at the address provided above.

Privacy Policy: Click here to read our privacy policy. ShareBuilder reserves the right to change the terms of its privacy policy at any time. If we do change this privacy policy, we will post the revised policy this Web site. We encourage you to review this privacy policy each time you visit our Web site to make sure you understand our current policy on collecting and using customer information.

Children: It is not our intention to collect personal information from anyone under 18 years of age. If you are under 18, you should not enter information on this Web site.

Links to other Web Sites
ShareBuilder offers the ShareBuilder 401(k) in conjunction with Plan Administrators, Inc. ("PAi"). Anytime you are linked from this Web site to PAi's Web site, for example to assess, create, enroll in or manage a ShareBuilder 401(k) plan or account, you are subject to PAi's Web site terms and conditions.

This Web site may also contain links to Web sites not operated or maintained by ShareBuilder or PAi. These links are provided solely as a convenience to you and not as an endorsement by ShareBuilder of the contents of such third party Web sites. ShareBuilder is not responsible for the content of the sites of others and makes no representation regarding the content or accuracy of materials on such sites. If you decide to access linked third-party Web sites, you do so at your own risk, and waive any and all claims against ShareBuilder regarding the inclusion of links to outside Web sites or your use of those Web sites. The third party sites may contain User Agreements or Terms and Conditions to which you are subject while using those sites. We encourage you to become familiar with the privacy policies of any linked site when you access that site.

Representations as To Content
ShareBuilder uses reasonable efforts to ensure the accuracy, correctness and reliability of this site's content, but SSC does not warrant that the Site or its content or operation will be error free or uninterrupted, or that it will be free of viruses or other harmful components. You use the Site at your own risk.

Limitations on ShareBuilder's Liability
DISCLAIMERS OF WARRANTIES: SHAREBUILDER DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THIS WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND/OR OTHER HARMFUL MATERIALS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, SHAREBUILDER IS NOT RESPONSIBLE FOR THOSE COSTS. THE WEB SITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. SHAREBUILDER, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. SHAREBUILDER MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE TEXT, GRAPHICS, AND/OR LINKS.

DISCLAIMER OF CONSEQUENTIAL DAMAGES:
EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, NEITHER SHAREBUILDER NOR ITS DIRECTORS, EMPLOYEES, LICENSORS, CONTENT PROVIDERS, AFFILIATES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL AND EXEMPLARY DAMAGES, ARISING FROM THE USE OR PERFORMANCE OF THIS WEB SITE OR FROM ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH THIS WEB SITE, EVEN IF SHAREBUILDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

REMEDY: IF YOU ARE DISSATISFIED WITH THIS WEB SITE, OR ANY PORTION THEREOF, YOUR EXCLUSIVE REMEDY SHALL BE TO CEASE USING THE WEB SITE.

Some U.S. states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions. SHAREBUILDER makes no representation of any kind with respect to the applicability and enforceability of laws or policies of countries other than the United States over the content of this Web site and the provisions of these Terms and Conditions.

Governing Law and Venue
This Agreement shall be interpreted, construed and governed by the laws of the State of Washington, USA, without reference to its laws relating to conflicts of law. Venue for all disputes arising under this Agreement shall lie exclusively in the Superior Courts of the State of Washington in King County or the Federal District Courts of the Western District of Washington (as permitted by law) and each party agrees not to contest the personal jurisdiction of these courts. Notwithstanding the foregoing, however, ShareBuilder shall have the right to commence and prosecute any legal or equitable action or proceeding before any non-U.S. court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of ShareBuilder, such action is necessary or desirable.

Enforcement
Should any clause of these Terms and Conditions of Use be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. ShareBuilder's failure to expressly enforce any provision of these Terms and Conditions does not waive its rights to enforce that or any other provision.

Modification/Integration
We reserve the right to change these Terms and Conditions by posting the amended Terms and Conditions on the Site. Your continued use of the Site following posting of such amendments will signify your acceptance of the amended Terms of Use. . These conditions (and the Account Agreement, to the extent that use of the Site involves your ShareBuilder Account) set out the entire agreement between ShareBuilder and you relating to your use of this Web site.

Advisory services are provided by ShareBuilder Advisors, LLC, a registered investment advisor.
ShareBuilder Advisors, LLC, is a subsidiary of ING Bank, fsb.

401(k) plans are: Not FDIC insured · Not Bank guaranteed · May lose value