Terms and Conditions

Please read the following Terms and Conditions of Use ("Terms and Conditions") for Evergreen Electronic Services carefully before continuing.

Throughout these Terms and Conditions, “You” refers to you or your customer.

By using this site, You signify Your acceptance of our Terms and Conditions of Use. If You do not agree to these terms, do not use this site.

 

Evergreen Investments is committed to protecting your privacy. Please view our Privacy Statement.

Modification and Monitoring of this Web site

We, Evergreen, reserve the right, to change, modify, add, or remove portions of these terms at any time without notice. We suggest that You check these Terms and Conditions periodically for changes. The terms can be accessed from the link at the bottom of our Web site pages. If You use this Web site after we post changes to the terms, You accept the changed terms. Evergreen expressly reserves the right to monitor any and all use of this Web site.

Agreement/Services Provided

You understand that these Terms and Conditions between You and Evergreen and its affiliates state the terms and conditions of Your use of Evergreen's Electronic Services. Evergreen's Electronic Services include any on-line securities trading system, Web-based or otherwise, established by Evergreen directly through on-line business partners.

In offering online transaction services, Evergreen is making available to You interactive computer services which allow You to obtain certain information and transact certain business with Evergreen with regard to Your mutual fund or variable annuity accounts (or accounts of persons on whose behalf You acts as broker or agent) and obtain quotations and other information (some of which may be provided by third parties) via electronic transmission for use on compatible personal, home, or small business computers with modems which can connect to the appropriate telecommunications network.

Approved Use of Electronic Services

You shall be the only authorized user of Evergreen's Electronic Services under these Terms and Conditions. If you have access to materials that are provided for your reproduction, you agree, under these Terms and Conditions, not to alter the content of these materials unless prior written consent from Evergreen Investments has been granted. You shall be responsible for the confidentiality and use of Your password(s) and other security data, methods and devices. You understand that You shall be solely responsible for all transaction requests electronically transmitted, or use of any data, information, or services obtained, using Your password(s) and other security data.

You agree that Evergreen Electronic Services are the proprietary property of Evergreen and/or third parties from whom Evergreen has obtained rights to provide access to Evergreen's customers. You agree not to use Evergreen's Electronic Services except as authorized by these Terms and Conditions and, in any event, not to make it available to any third parties; provided, that, any person acting as a broker or financial adviser for another person may provide the information obtained through Evergreen Electronic Services with such broker or financial adviser's clients or prospective clients.

Conditions for Use of Electronic Services

You should notify us immediately if:

All notifications to Evergreen pertaining to these Terms and Conditions shall be directed to:

Evergreen Service Company
P.O. Box 2121
Boston, Massachusetts 02106

If You fail to notify Evergreen when any of the above conditions occur, neither Evergreen nor any of its employees, agents, affiliates, subsidiaries, or its parent, nor any third parties, can or will have any responsibility or liability to You or to any other person whose claim may arise through You for any claims with respect to the handling, mishandling, or loss of any order. You understand that Evergreen shall not be deemed to have received any transaction request electronically transmitted by You until Evergreen have acknowledged to You that the request has been received by Evergreen. You accept full responsibility for the monitoring of Your account.

Limitation of Liability

Evergreen and its affiliates are not liable under any circumstances, including but not limited to negligence for any special or consequential damages that may result from the use of, or the inability to use the materials on this site, even if Evergreen or an Evergreen authorized representative has been advised of the possibility of such damages.

Evergreen and its affiliates are not liable for damages or injury, including, but not limited to damages or injury caused by any performance, failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of information, whether resulting, in whole or in part, from breach of contract, negligence, or otherwise. If You live in a state that does not allow the limitation or exclusion of liability for incidental or consequential damages the above limitation or exclusion may not apply to You.

In no event shall Evergreen's total liability to You for damages, losses, and causes of action, whether in contract, tort (including, but not limited to, negligence), or otherwise, exceed the amount paid by You, if any, for accessing Evergreen's site.

Third-Party Content

By clicking on links to third-party Web sites, you will leave the Evergreen Investments Web site and enter a privately owned Web site that is not affiliated with Evergreen Investments or its affiliates. The information and opinions found on third-party Web sites have not been verified by our Firm, nor do we make any representations as to its accuracy and completeness. By linking to this Web site, Evergreen Investments is not endorsing the third-party's products and services, or its privacy and security policies, which may differ from Evergreen Investments and/or its affiliates. We recommend that you review the third-party's policies and terms and conditions to fully understand what information may be collected and maintained as a result of your visit to this Web site.

Governing Documents

The operation of Your account is subject to these Evergreen Electronic Services Terms and Conditions, Your mutual fund or variable annuity application, and any applicable prospectus and those terms and conditions are incorporated herein by reference. If You are a broker or financial adviser (or registered representative of a broker or financial adviser) You shall also continue to be bound by the provisions of the agreement between You or Your firm and Evergreen.

Applicable Charges

You agree to be liable for any and all charges or expenses incurred in connection with the use of Evergreen's Electronic Services by You or any other person through use of security codes, equipment, or otherwise. You understand that the rates, fees, billing, and services terms provided by an outside vendor may be determined by that vendor.

Disclaimer

You acknowledge and agree that the use and storage of any information, including without limitation, portfolio information transaction activity, account balances, and any other information or transaction requests available through use of Evergreen's Electronic Services is at Your sole risk and responsibility. NEITHER EVERGREEN NOR ANY THIRD PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IN RESPECT OF EVERGREEN'S ELECTRONIC SERVICES OR ANY INFORMATION PROGRAMS OR PRODUCTS OBTAINED FROM, THROUGH, OR IN CONNECTION WITH EVERGREEN'S ELECTRONIC SERVICES. IN NO EVENT WILL EVERGREEN OR ANY THIRD PARTY BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY DEFECT IN OR USE OF EVERGREEN'S ELECTRONIC SERVICES.

Evergreen and its affiliates intend that the information contained in this service be accurate and reliable; however, errors sometimes occur. Evergreen does not warrant that functions provided by this service will be uninterrupted or error-free, that defects will be corrected, or that this site or the servers that make it available are free from viruses or other harmful components. Evergreen does not warrant or represent that the materials in this site are correct, accurate, or reliable. You (and not Evergreen) assume the entire cost of all necessary servicing, repair, or correction of Your property or operations as a result of using this Web site.

By using this Web site, You accept at Your own risk that the Internet and online communications medium may not perform as intended despite the efforts of Evergreen and Your Internet service provider.

Reference to a fund or security anywhere on this Web site is not a recommendation to buy, sell, or hold that or any other security.

If You live in a state that does not allow disclaimers or implied warranties, our disclaimer may not apply to You.

Dissemination of Information

You understand that each participating national securities exchange or association asserts a proprietary interest in all of the market data it furnishes to the parties that disseminate the data. You also understand that neither any participating national securities exchange or association nor any supplier of market data guarantee the timeliness, sequence, accuracy, or completeness of market data or any other market information, or messages disseminated by any party. No disseminating party shall be liable in any way, and You agree to indemnify and hold harmless such party, for (a) any inaccuracy, error, or delay in, or omission of, (i) any such data, information, or message or (ii) the transmission or delivery of any such data, information, or message, or (b) any loss or damage arising from or occasioned by (i) any such inaccuracy, error, delay, or omission, (ii) nonperformance, or (iii) interruption of any such data, information, or message, due either to any negligent act or omission by any disseminating party or to any "force majeure" (i.e., flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, or power failure, equipment or software malfunction) or any other cause beyond the reasonable control of any disseminating party. You understand that the terms of these Terms and Conditions may be enforced directly against You by the national securities exchanges and associations providing market data to You.

Use of Evergreen Software

You understand that Your use of Evergreen software is subject to the terms of any license agreement contained in or linked to the software. You agree to be bound by the terms of such license agreement, including without limitation the prohibitions on distribution and copying, the exclusions of all representations and warranties, and the limitation of remedies to the replacement of defective disks.

No Duty to Inquire

You agree that Evergreen shall not be under a duty to inquire or assume responsibility as to the authenticity or propriety of any instructions given to Evergreen by You. Evergreen will employ reasonable procedures to confirm that instructions received by You are genuine and shall be entitled to act upon any such instructions. Evergreen will not be liable for any loss, cost, expense or other liability when following such instructions received by You that Evergreen reasonably believes are genuine.

Internet Security

To the extent that any Evergreen Electronic Services utilize Internet services to transport data or communications, Evergreen will take reasonable security precautions, but Evergreen disclaims any liability for interception of any such data or communications. Evergreen shall not be responsible for, and makes no warranties regarding, the access, speed or availability of Internet or network services.

Termination

You agree that Evergreen may discontinue Evergreen's Electronic Services in whole or in part, at any time, and that Evergreen may modify or change the terms of it, in whole or in part, at any time without notice. You agree that Evergreen may immediately terminate its services if You breach these Terms and Conditions or if You have jeopardized the proper and efficient operation of its services. Any unauthorized use of Evergreen's Electronic Services, whatsoever, shall result in automatic termination of this Agreement.

Applicable Law/Severability

These Terms and Conditions are governed by the laws of The Commonwealth of Massachusetts (except for conflict of law provisions). Any claim related to any dispute arising as a result of Evergreen Electronic Services or under these Terms and Conditions shall be before a court of competent jurisdiction located in The Commonwealth of Massachusetts. If any provision of these Terms and Conditions is held to be unlawful, void, or unenforceable, such provision shall be deemed severable from this Agreement and will not affect the validity and enforceability of the remaining provisions.

Entire Agreement

These Terms and Conditions constitute the entire agreement between Evergreen and You with respect to the subject matter herein.