January 23, 2015

    Terms of Use

    Terms of Use

    UPDATED AS OF: January 23, 2015

    This website and its interactive features, applications, and social network pages (“Platforms”) are operated by MassMutual Financial Group, which is a marketing name for Massachusetts Mutual Life Insurance Company (“MassMutual”) and its affiliated companies and sales representatives (“we, “us” or “our).  Founded in 1851, MassMutual is a leading mutual life insurance company that is run for the benefit of its members and participating policyowners. The company has a long history of financial strength and strong performance, and although dividends are not guaranteed, MassMutual has paid dividends to eligible participating policyowners consistently since the 1860s. With whole life insurance as its foundation, MassMutual provides products to help meet the financial needs of clients, such as life insurance, disability income insurance, long term care insurance, retirement/401(k) plan services, and annuities. In addition, the company’s strong and growing network of financial professionals helps clients make good financial decisions for the long-term.

    MassMutual's affiliates include, but are not limited to, the following:

    Babson Capital Management LLC

    First Mercantile Trust

    Baring Asset Management Limited

    MassMutual International LLC

    C.M. Life Insurance Company                          

    MassMutual Asset Finance LLC

    Babson Capital Management LLC

    MML Bay State Life Insurance Company

    Baring Asset Management Limited

    MML Investors Services

    C.M. Life Insurance Company

    OppenheimerFunds, Inc.

    Cornerstone Real Estate Advisers LLC

    The MassMutual Trust Company, FSB

    Please read this Legal Notice/Terms of Use (“Terms of Use”) statement carefully before using the Platforms.  By using the Platforms, you accept and agree to be bound to these Terms of Use and our Online Privacy Policy. Additional legal notices, terms and conditions regarding MassMutual affiliates or the use of certain of the Platforms, may be found elsewhere on the Platforms or on such company's own Web site.  Those additional legal notices, terms and conditions apply with regard to the matters specifically addressed by them.  In addition, you may be required to affirmatively consent to additional terms and conditions in order to use certain of the Platforms.

    1. Eligibility

    In order to use the Platforms, you need to (a) be 18 or older, or be 13 or older and have your parent or guardian's consent to these Terms of Use; and (b) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws in your place  of residence. If you do not agree to these Terms of Use, you should not access or use the Platforms.

    2. Changes to the Terms of Use

    We may revise and update these Terms of Use from time to time. If we make any material changes, we will post a notice on the Platforms prior to the change becoming effective.  By continuing to use the Platforms, you agree to any changes or updates.

    3. Access and Security

    You should be aware that, in general, information sent through the Internet is not secure. Email services that may be provided through the Platforms generally are not encrypted and do not provide a secure and private means of communication with us.  Certain services offered on the Platforms do provide a secure means to communicate with us, and you will be advised when you are using such a service.  While MassMutual may provide those technologies and use other reasonable precautions to protect confidential information and provide suitable security, we cannot guarantee that information transmitted through the Internet is secure, or that such transmissions will be free from delay, interruption, interception or error.  To protect your own privacy, confidential and/or personal information should only be communicated via e-mail when you are advised that you are using a secure mechanism. 

    We cannot guarantee or warrant that any part of the Platforms, including files available for download, are free of viruses or other harmful code.  It is your responsibility to take appropriate precautions, such as use of an anti-virus software package, to protect your computer hardware and software.

    4. Online Accounts

    Certain portions of the Platforms may be protected by passwords or require use of a Personal Identification Number ("PIN") in order to  access  your policy, contract, certificate or account ("Account") information. You agree to provide MassMutual with current, complete, and accurate information about you as prompted by the applicable registration process and agree to regularly update this information to maintain its completeness and accuracy. You agree to use the Platforms to access only those Accounts on which you are authorized to act, and you agree to use your own user names, PIN and security questions and answers when accessing Accounts on which you are authorized to act.  You agree not to obtain or attempt to obtain unauthorized access to the Platforms through any means not intentionally made available to you by MassMutual.

    You are responsible for maintaining the confidentiality of any Account information, user names, logins, passwords, your PIN and any security questions and answers that you, or another person or entity authorized by you (such as through Read Only Access), use to access any page or feature on the Platforms, and for logging off of your account and any protected areas of the Platforms. Further, you are fully responsible for all activities (including any transactions entered into) under your Account(s), PIN, user names, passwords, and security questions and answers that result from your negligence, carelessness, misconduct, or failure to use or maintain appropriate security measures.  If your PIN, account number(s), or other security details are lost or stolen or you become aware of any suspicious or unauthorized conduct concerning your Account(s), you agree to contact MassMutual immediately. MassMutual will not be liable for any loss or damage arising from your failure to comply with this paragraph.

    Products and services provided to you through the Platforms may involve the electronic transmission, including via any e-mail address you provide to us, of information that you may consider to be personal financial information or promotional and marketing materials, and you consent to such transmission.

    We reserve the right to discontinue electronic access to your Account at any time. We further reserve the right to modify the information contained on the Platforms or modify the availability of any transactions at any time. We may immediately and without notice terminate your ability to access your Account information if you violate the conditions of use stated herein or if you endanger the use of the services provided through the Platforms.

    5. Products and Services

    Please be aware that some products, services, product features or underlying investment options described on the Platforms may not be available in your jurisdiction and generally are not available outside the United States. The laws of each country, state, or territory may differ and not all products and services are available in all locations. References to products or services unavailable in your jurisdiction do not imply that these products will be made available to you. Your eligibility for certain products and services is subject to final determination of underwriting qualifications or other eligibility criteria and acceptance by the MassMutual affiliate providing such product or service.

    Variable annuities, variable life insurance, and mutual funds are offered for sale by prospectus only. To request prospectuses containing more complete information regarding registered products in your jurisdiction, including charges and expenses, please contact the appropriate MassMutual affiliate identified on the Platforms or its representative. Read each prospectus carefully before you invest or send money.

    To obtain additional information about our products, contact a local MassMutual agent or contact us.

    6. No Offers

    The information contained on this website does not constitute an offer or solicitation for the sale of any security, insurance product, or service in any jurisdiction where we are not licensed to conduct business or where the security or insurance product is not available for sale. Securities products are offered for sale by prospectus only.

    No security or insurance product is offered or will be sold in any jurisdiction in which such offer or solicitation would be unlawful under the laws of the jurisdiction. Some product, product features, or underlying investment options may not be available in all states. Products are generally not available for purchase outside the United States. To obtain additional information about our products, contact a local MassMutual agent or contact us.

    7. Execution of Transactions

    You may be able to conduct certain transactions through the Platforms, including, but not limited to, the ability to transfer funds among investment options and make payments.  By using the Platforms to gain access to your account or other personal information, you consent to the electronic transmission of that information. You can only execute transactions, or obtain personal account information, by following the instructions stated within the appropriate log-on section of the Platforms.  When using the Platforms to execute transactions, problems may occur that are beyond MassMutual’s ability to correct.  Access to the Platforms may be limited or unavailable during periods of peak demand, systems upgrading, maintenance or other reasons.  If you are not able to complete your transaction due to a system failure; fail to receive written confirmation of a transaction or its execution, if applicable; or receive confirmation of a transaction you did not request, you must contact MassMutual immediately.  MassMutual will not assume responsibility for such system failures and errors.

    8. Third Party Content, Products and Services (Including Links)

    We permit links from other websites and provide links to other websites simply as a convenience to visitors and when you click on these links you are leaving our Platforms. The existence of a particular link does not indicate an endorsement by us of the linked site. Unless otherwise indicated, the linked sites are not under our control, and we are not responsible for the content of any linked site or any link contained in a linked site, or any changes or updates to such sites. We make no representations about the accuracy or completeness of the information contained in any linked sites and assume no liability for the content or presentation of linked sites. The operators of those other websites may collect information about you through the use of cookies or other web technologies and we have no control over the privacy or security practices of those third parties. We recommend that you review the privacy, security and terms of use policies and notices of any linked website you may visit.

    We are not responsible, and assume no liability, for content displayed on the Platforms that may be provided by another party. We are not responsible for the accuracy or completeness of any such content. We reserve the right, in our sole discretion, to remove links to other websites at any time.

    9. Permissible Use of Materials

    All of the information and content on the Platforms, including but not limited to all text, graphics, images, software applications and code, video, audio, and user interface design ("Platform Materials") is the property of MassMutual or its affiliates, or is being used by MassMutual with the express permission of a licensor, and is protected by United States and foreign copyright laws and conventions.  The Terms of Use permit you to use the Platforms for your personal, non-commercial use only and you may download or print a copy of the information or materials contained on the Platforms for lawful, personal, non-commercial use only, provided that the copy retains all copyright and other proprietary notices contained on the materials. Any other copying, republication or redistribution, reproduction, uploading, posting, or transmittal of the text or graphics of the Platforms is expressly prohibited without our prior written permission. You can request permission by contacting us.

    You may not modify, reproduce, copy, distribute, transmit, display, publish, download or upload, sell, license, create derivative works of or use any aspect of the Platforms or its Materials for commercial or public purposes or for any other purpose not expressly permitted by these Terms of Use.  The use of the Platform Materials on any other site or in a networked computer environment for any purpose, or any other republication, redistribution or use of the Platform Materials, including, without limitation, framing the Platform Materials within another site, is expressly prohibited without the prior written permission of MassMutual.

    Trademarks, Service Marks, and Logos

    The trademarks, service marks, logos, URLs and domain names, registered or not, appearing on the Platforms, including, but not limited to, MassMutual®, Massachusetts Mutual®, MassMutual Financial Group®, MassMutual Financial Group & design®, MassMutual Logo®, and combinations of the foregoing, as well as “We’ll Help You Get There®”, are registered and unregistered trademarks or servicemarks of Massachusetts Mutual Life Insurance Company or its subsidiaries ("Marks").  You may not use, copy, download, display, transmit or modify any Mark in any way without the prior written consent.  You may not include the MassMutual name, any Mark or any variation of the foregoing, as a metatag, hidden textual element, or any other indicator that may create an impression of affiliation, sponsorship, endorsement or any other relationship between the Platforms, MassMutual or any affiliate and any other site, person, entity or organization.  Unauthorized use may violate trademark and other laws.

    10. License to Conduct Business

    MassMutual is a mutual life insurance company organized under the laws of the Commonwealth of Massachusetts. MassMutual is licensed to transact life and accident and health insurance business in all states, the District of Columbia, and Puerto Rico. MassMutual's principal place of business is 1295 State Street, Springfield, Massachusetts, and its NAIC number is 65935.

    MassMutual also has two insurance subsidiaries through which some insurance products are sold. They are MML Bay State Life Insurance Company ("MML Bay State") and C.M. Life Insurance Company ("C.M. Life"). MML Bay State is domiciled in Connecticut and its principal place of business is 100 Bright Meadow Boulevard, Enfield, Connecticut. MML Bay State is licensed in all states (except New York) and the District of Columbia. MML Bay State's NAIC number is 70416. MML Bay State is licensed to transact variable annuity business in 45 jurisdictions.

    C.M. Life is domiciled in Connecticut and its principal place of business is 100 Bright Meadow Boulevard, Enfield, Connecticut. C.M. Life is licensed in all states (except New York), the District of Columbia, and Puerto Rico. C.M. Life's NAIC number is 93432. C.M. Life is licensed to transact variable annuity business in all states (except New York), the District of Columbia, and Puerto Rico. C.M. Life is currently licensed to transact a variable life insurance business in all states (except New York and California), the District of Columbia and Puerto Rico.

    This website is not intended as a solicitation in any jurisdiction in which MassMutual or any of its subsidiaries is not authorized to transact business.

    11. Electronic Notices; Mobile Devices

    You may elect to receive certain documents that we choose to make available to you electronically, including, but not limited to, prospectuses, notices, disclosures, and other communications for your Account(s) through the Platforms.  By accepting the separate terms of our e-delivery service you agree that the documents that we provide to you through the edelivery service satisfy any legal requirement that such communications be in writing.

    Through use of the Platforms, you may be able to: (a) upload content to the Platforms via your mobile device; (b) browse the Platforms from your mobile device; and/or (c) access certain features you have downloaded and installed on your mobile device.  In order to do so, you must have a mobile communications subscription with a participating carrier (or have the consent of the applicable subscriber) or have access to a mobile communications network.  You are solely responsible for paying any service fees associated with any such access (including text messaging and data charges for each text message and any data you send and receive on your mobile device, as applicable).  You must provide all equipment and software necessary to connect to the Platforms, including, but not limited to, a mobile device that is in working order and suitable for use in connection with the Platforms.  You must ensure that your device and/or software does not disturb or interfere with the Platforms, including the Platform’s operations.  Any equipment or software causing interference will be immediately disconnected from the Platforms, and we may immediately suspend or terminate your further use of the Platforms.  If any upgrade to the Platforms requires changes in your equipment or software, you must make these changes at your own expense. 

    12. Jurisdiction; Governing Law

    We operate the Platforms in and in accordance with the laws of the United States. We do not represent that the Platforms are appropriate or available for use in other locations. Access from certain locations may be strictly prohibited. Those who access the Platforms do so on their own initiative and are responsible for compliance with all applicable local laws. The laws of the Commonwealth of Massachusetts will govern any claims relating to the information contained on this website.

    If you take legal action relating to the Platforms, you agree to file such action only in the Superior Court of Hampden County, Springfield, Massachusetts or in the United States District Court for the District of Springfield, Massachusetts, and you consent and submit to the personal jurisdiction of those courts for the purpose of litigating any such action.

    13. Disclaimer of Warranties

    EXCEPT AS PROHIBITED OR LIMITED BY LAW, YOUR USE OF THE PLATFORMS, ANY CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORMS IS AT YOUR OWN RISK. ALL INFORMATION PRESENTED THROUGH THE PLATFORMS IS FURNISHED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY. WITHOUT LIMITING THE FOREGOING, MASSMUTUAL DOES NOT REPRESENT OR WARRANT THAT THE PLATFORMS, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THEREIN WILL BE ACCURATE, ERROR FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE PLATFORMS ARE FREE OF VIRUSES OR OTHER HARMFUL CODE.

    14. Limitation of Liability

    IN NO EVENT WILL MASSMUTUAL, ITS AFFILIATES, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS (THE “MASSMUTUAL PARTIES”) BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE PLATFORMS, ANY WEBSITES LINKED THROUGH THE PLATFORMS, ANY CONTENT ON THE PLATFORMS, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORMS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

    15. Indemnification

    You agree to release, defend, indemnify and hold harmless the MassMutual Parties from and against all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, resulting from your breach of any provision of these Terms of Use, or any warranty you provide herein, or otherwise arising in any way out of your use of the Platforms.  You agree to cooperate fully with MassMutual in asserting any available defenses in connection with a claim subject to indemnification by you under these Terms of Use.

    16. No Legal or Tax Advice

    The information provided is not written or intended as specific tax or legal advice and may not be relied on for purposes of avoiding any Federal tax penalties.  MassMutual, its employees and representatives are not authorized to give tax or legal advice.  Individuals are encouraged to seek advice from their own tax or legal counsel.

    17. Forward Looking Statements

    Certain statements contained herein are statements of future expectations and other forward-looking statements that are based on management's current view and assumptions and involve known and unknown risks and uncertainties that could cause actual results, performance or events to differ materially from those expressed or implied in such statements. Actual results, performance or events may differ materially from those in such statements due to, without limitation (i) general economic conditions, including, in particular, economic conditions in MassMutual’s core markets; (ii) performance of financial markets, including emerging markets; (iii) the frequency and severity of insured loss events; (iv) mortality and morbidity levels and trends; (v) persistency levels; (vi) interest rate levels; (vii) currency exchange rates; (viii) increasing levels of competition; (ix) changes in laws and regulations; (x) changes in the policies of central banks and/or foreign governments; and (xi) general competitive factors, in each case on a global, regional and/or national basis. MassMutual does not undertake any obligation to correct or update any forward-looking statements on the Platforms.

    18. Contact Us

    If you have any questions regarding these Terms of Use, please contact us.

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