Terms of Use

The Terms of Use was last modified in July 2014.

Ascensus College Savings is pleased to provide you with the products, tools, and information on the 529 QuickView web portal and all content and services available on 529 QuickView (together, "529 QuickView"). 529 Quick View is designed to facilitate the transmission of account information and purchase, exchange, and redemption orders and instructions for units of certain 529 Plans (defined below). Your use of 529 QuickView is subject to the following Terms of Use ("Terms").

These Terms are a binding contract between you, Ascensus College Savings Recordkeeping Services, LLC as well as its affiliates Ascensus Investment Advisors, LLC and Ascensus Broker Dealer Services, Inc. (together, "Ascensus College Savings"). "You" means an investment professional or other authorized representative of one of Ascensus College Savings administered 529 plan clients ("Client"). By accessing and/or using 529 QuickView you acknowledge that you have read, understood and agree to be legally bound by these Terms. We reserve the right to amend the Terms at any time and without prior notice. You should review the most current version of this document by visiting 529 QuickView.com and clicking on the Terms of Use hyperlink at the top of the page. These Terms are in addition to any other agreements between you and Ascensus College Savings, including any Dealer Agreement, Selling Agreements or Selling Investment Advisor Letter Agreement. If you do not agree and accept the Terms, you are not granted permission to access or otherwise use 529 QuickView.

CONTENTS

REGISTRATION AND PASSWORD POLICY

REPRESENTATIONS AND WARRANTIES

INTELLECTUAL PROPERTY RIGHTS

NO SOLICITATION

DISCLAIMER OF WARRANTIES

LIABILITY AND INDEMNITY

PERSONALLY IDENTIFIABLE INFORMATION

TERMINATION

GOVERNING LAW

SEVERABILITY

REGISTRATION AND PASSWORD POLICY

During the registration process for 529 QuickView, you will provide Ascensus College Savings with a unique user name, password and your account access level. The password must meet certain minimum requirements for security purposes. Ascensus College Savings will conduct several validation checks prior to providing access to Client account information. There are two types of access to 529 QuickView.

Investment Professionals

In addition to allowing you to view certain Client account information, you may also place purchase, exchange, and/or redemption orders and instructions, for units of certain qualified tuition savings programs established pursuant to Section 529 of the Internal Revenue Code, as amended from time to time ("529 Plans"). Your ability to submit these types of transactions is contingent upon several factors. For broker dealers, your broker dealer firm ("Firm") must have entered into a Dealer Agreement or Seller Agreement with Ascensus College Savings and Ascensus College Savings must have validated the broker of record. For registered investment advisors, first, you must have entered into a Selling Investment Advisor Letter Agreement with Ascensus College Savings. Ascensus College Savings has to have received a form that sets forth the levels of trading and account access you are authorized by the Client to have. Finally, Ascensus College Savings must have validated the registered investment advisor for the requested Client account(s). For broker dealers and registered investment advisors, each user name and corresponding password can only be used by one user with respect to his or her activities on behalf of a particular Client's account(s).

Broker Dealer Firms

For Firms, including broker dealer back office personnel, your access is limited to inquiry only which will allow you to view certain Client account information, as well as such other features as Ascensus College Savings may make available to you from time to time. Your ability to view certain Client account information is contingent upon your Firm must have entered into a Dealer Agreement or Seller Agreement with Ascensus College Savings and Ascensus College Savings must have validated your user name and password. Each user name and corresponding password can only be used by one user with respect to his or her activities on behalf of a particular Firm.

You are solely responsible for the confidentiality and use of your user name and password, as well as for any use or misuse of all data, information and services obtained from, and all instructions transmitted through 529 QuickView using your user name and password. You agree to comply with security procedures designed to protect the confidentiality and use of your user name, password, data and information entered through or obtained from 529 QuickView. You agree to notify Ascensus College Savings immediately if you become aware of any loss, theft or unauthorized use of your user name or password. Ascensus College Savings shall not be under a duty to inquire into the authority or propriety of any use, instructions or communications ("Instructions") transmitted through 529 QuickView using the above security procedures. Ascensus College Savings shall be entitled to treat as authorized and act upon any such Instructions and shall not be liable for any loss, cost, expense or other liability arising out of any such Instructions.

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REPRESENTATIONS AND WARRANTIES

By registering and using 529 QuickView accessed information, you represent and warrant to Ascensus College Savings that: (i) you are an authorized representative of a broker/dealer, bank or other financial services entity or individual which has entered into agreement(s) with Ascensus College Savings, and (ii) you warrant and represent that you will not use 529 QuickView to view the account information of a person or entity (as used herein, such person or entity shall be referred to as a "Customer"), access information about any Customer's account, or submit on-line transactions requested by you unless and until you and such Customer have done all things legally necessary to validly authorize you to access such information. You further acknowledge that this agreement is intended to be, and is, permissive on the part of Ascensus College Savings and the 529 Plans, and not mandatory. Ascensus College Savings or the affected 529 Plans may require partial or full documentation before effecting any transaction whenever Ascensus College Savings or the affected 529 Plan, in their sole discretion, deem obtaining such documentation to be appropriate or desirable and shall not be liable for any loss due to a delay resulting from such request.

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INTELLECTUAL PROPERTY RIGHTS

You acknowledge that 529 QuickView contains content including registered trademarks, service names and logos that are protected by copyrights, trademarks, trade secrets, patents, or other proprietary rights, and that these worldwide rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You also acknowledge that the content of 529 QuickView is and shall remain the property of 529 QuickView or their respective owners. You agree to comply with all intellectual property laws and you shall not encumber any interest in, or assert any rights to, the content of 529 QuickView. You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any content of 529 QuickView, in whole or in part. However, you may print copies of 529 QuickView in accordance with reasonable and fair business use of the website, provided that these copies are made only for use with respect to the Client referred to in the content and that you maintain any notices contained in the content, such as all copyright notices, trademark legends, or other proprietary rights notices.

You are prohibited from using any links to 529 QuickView from any other websites unless establishment of such a link is approved in advance by Ascensus College Savings in writing. You may not frame any element of 529 QuickView with any other website or access 529 QuickView through any device or service designed to provide high-speed, automated and/or repeated access to 529 QuickView, unless such device or service is provided or approved in writing by Ascensus College Savings.

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NO SOLICITATION

Nothing on 529 QuickView should be construed as a solicitation, offer or recommendation to acquire or dispose of any 529 Plan investment option or municipal security, or to engage in any transaction, or to provide any tax, legal or investment advice.

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DISCLAIMER OF WARRANTIES

ASCENSUS COLLEGE SAVINGS DOES NOT MAKE ANY EXPRESSED OR IMPLIED WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS OR SUITABILITY FOR ANY PURPOSE OF THE INFORMATION ACCESSIBLE VIA 529 QUICKVIEW, OR ABOUT THE PERFORMANCE OR AVAILABILITY OF 529 QUICKVIEW, OR ANY DATABASES ACCESSIBLE THROUGH 529 QUICKVIEW. YOU ACKNOWLEDGE AND AGREE THAT ALL SUCH INFORMATION, 529 QUICKVIEW AND ACCESSIBLE DATABASES ARE MADE AVAILABLE TO YOU "AS IS" AND "AS AVAILABLE."

ASCENSUS COLLEGE SAVINGS DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO SUCH INFORMATION, 529 QUICKVIEW, AND ACCESSIBLE DATABASES, INCLUDING BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. WITHOUT LIMITING THE FOREGOING, ASCENSUS COLLEGE SAVINGS DISCLAIMS ANY WARRANTIES WITH RESPECT TO ANY RESULTS THAT MAY BE OBTAINED FROM THE USE OF INFORMATION ACCESSIBLE VIA 529 QUICKVIEW AND 529 QUICKVIEW.

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LIABILITY AND INDEMNITY

UNDER NO CIRCUMSTANCES WILL ASCENSUS COLLEGE SAVINGS, ANY 529 PLAN OR ANY STATE OR GOVERNMENTAL AGENCY BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT OR SERVICES ON 529 QUICKVIEW. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF INFORMATION ACCESSIBLE VIA 529 QUICKVIEW AND 529 QUICKVIEW.

ASCENSUS COLLEGE SAVINGS NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, OR ANY STATE, STATE GOVERNMENTAL AGENCY OR THEIR OFFICIALS, OFFICIERS, EMPLOYEES AND AGENTS WILL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY ACTUAL, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, REVENUE, INCOME, GOODWILL, TRADING LOSSES OR DAMAGES THAT RESULT FROM USE OR LOSS OF USE OF 529 QUICKVIEW, DAMAGES CAUSED BY THEFT, FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATIONS LINES (INCLUDING TELEPHONE CABLE AND INTERNET), UNAUTHORIZED ACCESS, VIRUSES, THEFT, OPERATOR ERRORS, SEVER OR EXTRAORDINARY WEATHER), OR ANY OTHER MATTER RELATING TO 529 QUICKVIEW. THIS IS TRUE EVEN IF ASCENSUS COLLEGE SAVINGS, ANY STATE, OR STATE GOVERNMENTAL AGENCY HAVE BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES OR LOSSES.

TO THE EXTENT A JURISDICATION DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN, THE LIABILITY OF ASCENSUS COLLEGE SAVINGS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, OR ANY STATE, STATE GOVERNMENTAL AGENCY OR THEIR OFFICIALS, OFFICERS, EMPLOYEES AND AGENTS, IS LIMITED TO THE EXTENT PERMITTED BY LAW IN SUCH JURISDICTION.

You agree to indemnify, defend, and hold harmless Ascensus College Savings, its affiliates, and each of its and their officers, directors, employees, and agents and the States and State governmental agencies, from and against all claims, demands, liabilities, damages, losses, or expenses including attorney's fees and costs, arising from or related to your improper access to or use of 529 QuickView, or any violation by you of these Terms.

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PERSONALLY IDENTIFIABLE INFORMATION

Your use of 529 QuickView will involve the transmission of information, including in some instances, personally-identifiable information, about you, your Firm and, as applicable, your Clients including, without limitation, transaction history, account balances and holdings. You consent to the transmission of such information by electronic means through the Internet and represent that you have obtained all necessary authorizations for such transmissions. You further represent that such consent shall be effective at all times you use 529 QuickView.

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TERMINATION

Ascensus College Savings reserves the right, in our sole discretion, to restrict, suspend, or terminate your access to all or any part of 529 QuickView for any reason without prior notice or liability. The Disclaimer of Warranties, Liability and Indemnity, and Termination provisions shall survive the termination of these Terms.

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GOVERNING LAW

The laws of the Commonwealth of Massachusetts, United States of America, without regard to principles of conflict of laws, govern these Terms and any dispute that might arise between you and Ascensus College Savings.

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SEVERABILITY

If a court of competent jurisdiction deems any provision unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.

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