PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
If you do not agree with each term of use specified herein, you are not granted
permission to use the Site and must exit this Site immediately.
The following terms and conditions in the Service Agreement govern your use of this web site.
BY ACCESSING, VIEWING, OR USING ANY MATERIAL OR CONTENT ON THE SITE, YOU AGREE THAT YOU HAVE
IN THE AGREEMENT TO BE THE LEGAL EQUIVALENT OF A SIGNED, WRITTEN LEGAL CONTRACT BETWEEN YOU AND THE
AND AGREE TO BE LEGALLY BOUND BY THEM WITHOUT LIMITATION OR QUALIFICATION.
YOU HAVE THE RIGHT TO OBTAIN PAPER RECORDS, THE RIGHT TO WITHDRAW CONSENT TO USE THE ELECTRONIC
SERVICES OF THIS SITE, AND THE RIGHT TO UPDATE INFORMATION WHICH YOU HAVE PROVIDED TO US.
Procedures for exercising these rights are explained below in Section V. A., entitled,
"Consent to Electronic Agreements and Use of Electronic Records."
Plan Sponsor Online is an Internet service provided to Plan Sponsors that have engaged
The Variable Annuity Life Insurance Company ("VALIC")
or its affiliates for plan-level services. The
Plan Sponsor Online web site (“Site”) will provide Plan Sponsors with a centralized
and convenient location for access to reliable plan and participant information.
Such information includes all standard plan reports. Standard plan reports are immediately
accessible to Plan Sponsors through the
Plan Sponsor Online Site.
There are no additional charges to Plan Sponsors for using the
Plan Sponsor Online service.
As applicable, the
Site will provide Plan Sponsor with centralized access to upload contribution and
census data and review and remediate data errors in participant data.
As applicable, the
Site will provide Plan Sponsor with the ability to upload census data required for
VALIC to determine a participant’s vesting, determine eligibility for and calculate
employer contributions, determine participant Internal Revenue Code contribution
limits and/or determine an employee’s eligibility to participate in one or more
plans of the employer.
As applicable, the
Site will provide Plan Sponsor with the ability to review employer contributions
and/or approve or reject certain distribution transactions quickly and easily via
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Plan Sponsor Online Service Agreement (hereafter, the "Service Agreement" or the
"Agreement") defines the obligations of
VALIC, you and
the Plan Sponsor concerning use of this Site and all communications between the
Plan Sponsor and
through the Site. The Agreement is in addition to the terms and conditions of any
administrative services agreement or other agreement defining your duties with respect
to plan(s) on the Site, any investment contract or vehicle or
Agreement shall amend and supersede any inconsistent terms relating to
to prepare plan reports as contained in any administrative services agreement previously
executed by the Plan Sponsor (or any representative thereof) and
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III. Basic Definitions
As used in this Service Agreement, the term "you" or "your" refers to (1) any individual
using the Site, including each person designated by the Plan Sponsor as having authority
to enter into and bind the Plan Sponsor to the terms of the Agreement ("Decision
Maker"), each person designated by the Plan Sponsor to use the Site ("Authorized
User") or any person using this Site; and (2) the entity sponsoring the employee
retirement plan ("Plan Sponsor"). The terms "we," "us," "our" and "Site Sponsor"
refer to VALIC, its employees, agents, and authorized representatives. The term
"Group" refers to American International Group, Inc.®, and its officers, directors,
employees, contractors, representatives, successors, subsidiaries and affiliated
Site is accessed through www.valic.com. The terms in this Agreement apply only to
this Site and no other site of VALIC or the Group.
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IV. Site Rules
is a marketing unit comprising The Variable Annuity Life Insurance Company (VALIC®),
Retirement Services Company (VRSCO), and
Financial Advisors, Inc. (VFA). All are indirectly and wholly owned subsidiaries
of American International Group, Inc.®
A. Duties and Representations of the Plan Sponsor and You
Service Agreement: You will make certain that you and the Decision Maker
read and agree to this Service Agreement on your behalf and on behalf of the Plan
Sponsor and that each Authorized User has read and agrees with all the terms of
this Agreement before using this Site.
User Access: You agree to notify
of each Authorized User who will have access to and will use the Site. You will
of employee terminations and all changes which need to be made to
of Authorized Users.
You and all Authorized Users of the Site agree to follow
ID and password notification procedures. You agree to instruct your officers, directors,
employees, representatives, Authorized Users, agents, or others which use the Site
that a user ID and password must be kept private and confidential. You and the Plan
Sponsor agree to notify
if the Plan Sponsor needs to add additional persons as Authorized Users by using
the "Contact Us" link at the bottom of each page displayed on
Plan Sponsor Online. You agree that only Authorized Users will access the Site and
that neither you nor any of your employees, agents, and representatives will use
the user ID and confidential password of another individual. You also agree that
if an Authorized User desires to change his or her password for any reason, the
Authorized User will utilize the “My Profile” link located on the right side of
Plan Sponsor Online home page.
shall have the right to audit your use of the Site.
B. Duties and Representations of VALIC
Central Point of Entry for Site Access.
will provide a central point of entry to the
Plan Sponsor Online service through www.valic.com. Registration for the service
will be a two-step process comprising initial telephone contact from a
Plan Sponsor Online representative to be followed by online registration by the
Plan Information and Plan Reports. The Site will provide each Plan Sponsor
with access to current plan information, with the ability to schedule, review, print,
and download plan reports.
Access to Participant Information. The Site will provide immediate access
to each plan’s participant information.
Access to Upload and Correct Contribution Information. As applicable, the
Site will provide immediate access to Authorized Users to upload contribution files,
review and correct errors to such files and authorize employer contributions pertaining
to such files.
Access to Approve Distribution Transactions. As applicable, the Site will
provide immediate access to Authorized Users to approve or deny applicable participant
Access to Upload, Correct and Approve Census Data. As applicable, the Site
will provide immediate access to Authorized Users to upload data files for any one
or more of the following services for one or more plans of the Plan Sponsor:
- • Determination of employee eligibility to participate in plan
- • Determination of eligibility for and calculation of employer contribution
- • Determination of participant vesting
- • Monitoring participant’s Internal Revenue Code (“IRC”) contribution limits
For each such service, when applicable,
will provide notice to Plan Sponsor that results are available via the Site by sending
an email notice to an Authorized User. The Authorized User will log on to the Site
to complete necessary actions.
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You and the Plan Sponsor are responsible for any transactions initiated or approved
through this Site.
A. Consent to Electronic Agreements and Use of Electronic Records
(To contact us concerning these services, please use the “My Profile” link located
on the right side of the VALIC Plan Sponsor Online home page.)
You have the right to have the electronic records generated by use of the Site made
available on paper at any time. We reserve the right to charge for any paper records
that you request.
You have the right to withdraw your consent to have records made available to you
or to conduct transactions in electronic form. The consequence of your decision
to withdraw your consent to use the Site will be that you will no longer be provided
the VALIC Plan Sponsor Online service.
any changes to the services provided via the Site and/or any system updates to the
Site may result in additional or updated agreements in order for you to continue
to use the Site. You further agree to accept electronic notice of updates to this
enable you to access the Site. You further agree to accept such changes via electronic
You may update your information at any time by using the “My Profile” link located
on the right side of the
Plan Sponsor Online home page.
The hardware and software requirements for access and retention of records provided
by this service are:
- • Internet Explorer 9.0 or higher with Java enabled, cookies enabled
- • SSL (Secure Socket Layers)
B. Intellectual Property Rights
All Material contained in this Site is protected by law, including, but not limited
to, United States copyright law and worldwide copyright and treaty provisions. Except
as indicated, the entire contents (including images, text, and look and feel attributes)
of the Site are owned and copyrighted by
and American International Group, Inc. ("AIG"). All rights worldwide are reserved.
also owns a copyright in this Site as a collective work and/or compilation, and
in the selection, coordination, arrangement, organization and enhancement of such
American International Group, Inc. is the owner of certain service marks, including
American International Group, Inc.®
This Site is owned by
to the obligations in this Service Agreement, if applicable,
grants you a non-exclusive, non-transferable, limited right to access, use and display
this Site and the Materials thereon only to make plan contributions, upload census
data, review uploaded data, correct uploaded data, approve or deny participant distribution
requests for employee retirement plans of the Plan Sponsor and such other plan administration
tasks, as applicable, via the Internet (“Approved Purposes”). "Materials" include
images, trademarks, expressions, information, graphics, video, audio, text and all
other contents and aspects of this Site. Removing or altering the copyright notice
on any Material on the Site is prohibited. All copyright and trademark notices must
be included with use of all Materials other than strictly financial information.
The materials provided to you via the Site are intended for your use in meeting
your regulatory obligations as a Plan Sponsor and your obligations to participants
for the plan(s) served by the Site. You may download, modify, supplement, distribute,
republish, upload, post, transmit, and/or copy Materials downloaded from the Site
for distribution to your employees and participants for Approved Purposes. Beyond
use of Site Materials for Approved Purposes, you agree not to copy, modify, reproduce,
republish, upload, post, transmit, or distribute any Material from the Site. You
agree not to interrupt or attempt to interrupt the operation of the Site in any
way. You and the Plan Sponsor may use this site only for lawful purposes and in
a manner which does not violate the rights or interests of others. Use of any Materials
downloaded from the Site, other than for Approved Purposes, is a violation of VALIC's
copyright and other proprietary rights. The use of any Materials other than retrieved
data on any other computer web site or networked computer environment is prohibited.
You undertake not to use the Material or take any action that would misrepresent,
harm or damage the reputation of
and its affiliates in any way. The posting of any unlawful, threatening, libelous,
defamatory, obscene, inflammatory, scandalous, pornographic, or profane material
or of any other content that could give rise to any civil or criminal liability
under the law is strictly prohibited.
Plan Sponsor Online contains information and offers capabilities to retrieve non-public
personal information which VALIC, the Plan Sponsor and employees of the Plan Sponsor
consider confidential, proprietary, and sensitive ("Confidential Information").
Confidential Information shall include all information gained, received or created
as a result of access to the Site, or from the Plan Sponsor's association with VALIC
which includes but is not limited to information concerning the operations, affairs,
products, marketing, systems, technology, customers, end-users, and businesses,
financial affairs of VALIC or its affiliates, and their respective relations with
their customers, employees and agents. The Plan Sponsor agrees to hold all Confidential
Information in strict confidence and shall not, without VALIC’s express prior written
permission (i) disclose such Confidential Information to third parties or (ii) use
such Confidential Information for any purposes other than for Approved Purposes
and the exercise of its rights or performance of its obligations hereunder. The
Plan Sponsor agrees to properly train its employees and persons who handle Confidential
Plan Sponsor will only provide Confidential Information to its employees who agree
to abide by the terms of the Service Agreement. The Plan Sponsor will institute
Information other than to persons whom the Confidential Information is about, and
to any officer, director, employee, agent, Decision Maker, or Authorized User only
to the extent necessary to provide a service requested by the Plan Participant.
The Plan Sponsor further agrees to monitor the use of the Site to ensure compliance
The Plan Sponsor acknowledges and agrees that the site may be accessed only through
the use of an Authorized User name and password ("ID's") assigned to the Plan Sponsor
by VALIC. The Plan
Sponsor shall be responsible for all usage of the Site by the Plan Sponsor, its
officers, directors, employees, agents, contractors, persons for whom the Plan Sponsor
is responsible, and/or by persons gaining information, lawfully
or unlawfully, through use of the system from the Plan Sponsor through the assigned
ID's. Only the Plan Sponsor's Decision Maker can add to or change the list of Authorized
Users designated by the Plan Sponsor by using the "Contact Us” link found at the
top of each page displayed on the Site. VALIC reserves the right to terminate or
restrict access by the Plan Sponsor, including any user or Authorized User, to the
Site without notice and for any reason, including, but not limited to, the Plan
Sponsor's breach of this Confidentiality provision.
You and the Plan Sponsor agree to abide by all additional restrictions displayed
on the Site as the Site may be updated from time to time and further agree to prevent
any unauthorized copying of any Materials. Except as expressly provided herein,
does not grant any express or implied right under any patents, trademarks, copyrights
or trade dress to the Plan Sponsor or any of its employees, agents, contractors
and persons for whom the Plan Sponsor is responsible.
With the exception of applications commonly known as web browser software,
or other applications formally approved by Site Sponsor in writing, you agree not
to use any software, program, application or any other device to access or log on
to Site Sponsor’s or Group's computer systems, web site or proprietary software
or to automate the process of obtaining, downloading, transferring or transmitting
any information or content to or from Site Sponsor or Group's computer systems,
web site or proprietary software.
C. Service Begins With You - Notify Us of Any Error
You and the Plan Sponsor are responsible for regularly reviewing the accuracy of
all information transmitted by the Plan Sponsor to VALIC in census files and information
provided by VALIC to you through the plan summary reports. You agree to report any
inaccuracy in such information that comes to your attention.
D. Disclaimers of Warranty
provides the information, text, and graphics on the Site as a convenience to the
Plan Sponsor. This Site may include technical inaccuracies or typographical errors.
reserves the right to make periodic changes to the information contained on the
may also make improvements and/or changes in the format or content of this Site
Plan Sponsor Online service at any time.
also reserves the right to make changes in the hardware or software required to
access the Site at any time.
WILL MAKE REASONABLE EFFORTS TO ENSURE THE ACCURACY OF THE INFORMATION THAT IT TRANSMITS
OVER THE VALIC SITE. HOWEVER,
DOES NOT WARRANT AND CANNOT GUARANTEE THE ACCURACY OR COMPLETENESS OF THE INFORMATION,
TEXT, GRAPHICS, LINKS AND OTHER ITEMS RECEIVED BY YOU THROUGH THE
DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE DATA WILL BE UNINTERRUPTED
OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THERE WILL NOT BE ERRORS OR
LOSS OF DATA, OR THAT THIS SITE OR THE SERVER THAT MAKES THIS SITE AVAILABLE ARE
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. VALIC DOES NOT WARRANT OR MAKE ANY
REPRESENTATIONS REGARDING THE USE OF, OR THE RESULTS OF THE USE OF, THE MATERIALS
ON THIS SITE AND DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTY OF FITNESS FOR
A PARTICULAR PURPOSE AND MERCHANTABILITY.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION
MAY NOT APPLY TO YOU.
E. Limitation of Liability
has implemented multiple levels of service, including encryption, to protect the
confidentiality of information transmitted between
and the Plan Sponsor through the Site. However, because no Internet system can provide
an absolute guarantee of confidentiality or service, the Plan Sponsor agrees that
will not be liable for any damages which result from the unauthorized interception
of information exchanged on the Site; from unauthorized use of a user ID or password
by the Plan Sponsor or due to the conduct of the Plan Sponsor; from the unauthorized
use of the Site by any person; from the accuracy, completeness, errors or loss of
data or timeliness of the information, text, graphics, links or other items on this
Site, or transferred to or from this Site; or from the privacy of responses provided
to the Site Sponsor and its employees via e-mail.
shall not be liable for loss or damage which the Plan Sponsor suffers as a result
of interruptions in services provided through the Site or for the Plan Sponsor's
inability to use the Site for any reason.
UNDER NO CIRCUMSTANCES SHALL VALIC OR GROUP BE LIABLE FOR ANY INDIRECT, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY ARISE IN CONNECTION WITH USE OF THIS
SITE, OR FROM USE OF, OR INABILITY TO USE, THIS WEB SITE BY ANY PERSON; OR IN CONNECTION
WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN
OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; OR DISCLOSURE
OF INFORMATION DURING REPLY TO YOU BY E-MAIL OR OTHER ELECTRONIC MEANS; EVEN IF
SITE SPONSOR, GROUP OR REPRESENTATIVES THEREOF ARE ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES, LOSSES OR EXPENSES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES OR FOR UNAUTHORIZED ACCESS TO THE SITE. IN SUCH JURISDICTIONS,
AND GROUP'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
THE PLAN SPONSOR AGREES TO DEFEND, INDEMNIFY AND HOLD VALIC, GROUP, THEIR AGENTS,
EMPLOYEES AND REPRESENTATIVES HARMLESS FROM ANY AND ALL DAMAGES, INCLUDING COSTS,
INTEREST, EXEMPLARY DAMAGES, CONSEQUENTIAL DAMAGES AND ATTORNEYS' FEES ARISING OUT
OF ANY CAUSE OF ACTION, WHETHER IN TORT OR CONTRACT, TO THE EXTENT OF THE NEGLIGENCE,
GROSS NEGLIGENCE OR INTENTIONAL ACTS OF THE PLAN SPONSOR; TO THE EXTENT OF THE UNAUTHORIZED
USE OF PASSWORDS OR USER IDS BY THE PLAN SPONSOR OR DUE TO THE CONDUCT OF THE PLAN
SPONSOR; OR TO THE EXTENT OF THE PLAN SPONSOR'S VIOLATION OF ANY OBLIGATION IN THIS
TO THE EXTENT THIS PROVISION CONFLICTS WITH APPLICABLE LAW, THIS LIMITATION OR EXCLUSION
MAY NOT APPLY.
All disputes and causes of action, save for equitable actions for injunction, preliminary
injunction or restraining order, arising out of this Service Agreement or the Plan
Sponsor's use of the Site shall be arbitrated in Houston, Harris County, Texas or
at another location mutually agreed upon by
and the Plan Sponsor. Any such dispute or claim submitted to arbitration shall be
resolved in accordance with rules promulgated by the American Arbitration Association.
and the Plan Sponsor agree to share equally all costs incident to the arbitration,
including payment of the arbitrator's fees. Any decision of the Arbitrator shall
be binding and entered in any court of competent jurisdiction.
TO THE EXTENT THIS PROVISION CONFLICTS WITH APPLICABLE LAW, THIS LIMITATION OR EXCLUSION
MAY NOT APPLY.
H. Governing Law, Venue and Jurisdiction
This Service Agreement shall be construed and governed under the laws of the State
of Texas; to the extent such laws are not preempted by any federal statute and without
regard to conflict of laws rules. The Plan Sponsor agrees that jurisdiction and
venue for any civil action arising out of this Service Agreement shall be in Houston,
Harris County, Texas, or such other location as may be mutually agreed by the parties.
To the extent any portion of this section conflicts with applicable law, that portion
of this provision may not apply.
I. You Authorize Us to Collect and Use Information
You hereby authorize
and Group to collect information about your use of this Site to improve service
to you and Plan Participants and regulate the Site.
J. You Agree to Changes and Amendments by Posting on this Site
reserves the right to change this Service Agreement, any Site services, and Site
content or any rules of use of this Site at any time without notice, or if we provide
notice in our sole discretion, by (1) posting a change notice or a revised or modified
Service Agreement on this Site, or (2) using commercially reasonable efforts to
notify you via e-mail if provided. Any change to the Service Agreement or any other
Site rules shall be effective as to you or any Authorized User who uses this Site
by posting the new Service Agreement or other Site rules as changed on this Site,
with or without notice of any specific changes. You agree that you will comply with
the terms of the Service Agreement and Site rules as they may be modified from time
to time by
by checking for changes on this Site, whether or not you have received notice of
any changes by e-mail or otherwise. Your continued use of this Site following notice
of any modifications or changes will constitute binding acceptance of any modification.
Any inconsistency or ambiguity of terms between this Agreement and any subsequent
modifications of this Agreement posted on this Site shall be controlled according
to the last posted Service Agreement.
K. You Authorize E-mail Response to Inquiries
We will respond to your inquiries and questions via e-mail if you provide us with
an e-mail address. However, be advised that information sent by e-mail may not be
completely confidential. This is not only because of certain aspects of electronic
transfer, but also because others may have access to the computer or e-mail address
to which the e-mail response is sent. Service of your computers, passwords and user
IDs is your responsibility. You hereby consent to response to your inquiries and
questions via e-mail in view of the risks inherent in using e-mail.
You further agree that all agreements, notices, disclosures and other communications
that we provide to you electronically satisfy any legal requirement, including applicable
federal and state law that such communications be in writing.
For matters related to the Site we are entitled to rely on the e-mail address and
U.S. mail address that you last provided to us via the Site. You agree to waive
all claims resulting from failure to receive communications because of changes in
your e-mail or U.S. mail address. Please update your contact information using the
“My Profile” link located on the right side of the
Plan Sponsor Online home page.
L. Competitors May Not Use This Site
You agree that you will not allow a competitor of
or Group which is in the insurance and/or financial services industry to use or
view this Site. Competitors and their employees, agents, and contractors may not
use this Site for any purpose. Employees of competitors may use this Site for their
personal use so long as information on the Site is not disclosed to a competitor
or Group, used for a commercial purpose or used for any purpose of competing with
Site Sponsor or Group.
M. You Agree To Abide by All Laws and Not Violate the Information of Others
You agree to abide by all applicable laws in using this Site and not violate the
rights of others in data, financial information, software code, records or information.
You will not negligently, intentionally or maliciously damage, alter, destroy, take
or transfer any data, software, code, records or information in our electronic or
computer systems that does not solely comprise personal nonpublic personal information
which you own or have the legal right to control, without our written consent, for
N. Complete Agreement
This Service Agreement, together with your acceptance of the Distributions Service
Agreement, if applicable, through
Plan Sponsor Online and the disclosures and acknowledgements appearing on the Site,
comprises the entire agreement between
and the Plan Sponsor concerning use of this Site and any communications and transmissions
of data between
and the Plan Sponsor through the Site. There are no agreements, understandings,
promises, or conditions, oral or written, express or implied, between the parties
concerning this subject which are not contained in this Agreement. There are no
oral representations or agreements between the parties concerning the subject which
are not specified completely in this Agreement.
O. No Waiver of Severability
The failure by either party to insist upon strict performance of any of the provisions
in the Service Agreement or to exercise any rights or remedies shall not be construed
as a waiver of its rights to assert those rights at any later time or to rely on
any such terms or conditions at any time thereafter. The unenforceability in whole
or in part of any term or condition of this Service Agreement shall not affect the
enforceability of any other parts of the Agreement. All terms relating to disclaimers
of warranty, confidentiality, arbitration, venue, jurisdiction and limitation of
liability contained in this Service Agreement shall survive termination of the Service
has the right to terminate the services provided by the Site at any time upon written
notice to the other party 30 days in advance of the date of termination.
In addition to any other right specifically granted in this Service Agreement,
has the right, without giving prior written notice to the Plan Sponsor, to immediately
Plan Sponsor Online service, this Service Agreement, or any other service or agreement
with the Plan Sponsor due to the Plan Sponsor's violation of any provision in this
Service Agreement, including, but not limited to, the Plan Sponsor's breach of the
Confidentiality or User Access provisions, or the Plan Sponsor's use of this Site
in an unlawful, infringing, or defamatory manner.
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VI. CONTACT AND NOTIFICATION INFORMATION
For questions concerning the Service Agreement, technical information, difficulties
in using this Site, and for any other questions relating to this Service Agreement
Plan Sponsor Online service, please contact
through the "Contact Us" link at the top of each page of the web site.
A. Report Unauthorized Use
If you believe that someone has used this Site, your information, or any registration
information improperly, or used this service without proper authorization, please
call us immediately at 1-800-853-6399, option 4.
To access the Site, you must select “Accept” below.