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These Terms of Use ("Terms of Use") are made between the undersigned user ("you") and Lord, Abbett & Co. ("we" or "us"). They become effective on the date that you electronically execute these Terms of Use ("Effective Date").

A. You are a successful financial consultant that markets securities, including the Lord Abbett Family of Funds;

B. We have developed the Lord Abbett Intelligence System (the "Intelligence System"), a state of the art information resource that we make available to a limited community of broker/dealers through the Internet at a secure Web site (the "LAIS Site"); and

C. We wish to provide access to the Intelligence System to you as an information tool responsive to the demands of your successful business pursuant to these Terms of Use. Accordingly, you and we, intending to be legally bound, hereby agree as follows:]

1. Overview. · Scope. These Terms of Use (which we may amend from time to time) govern your use of the Intelligence System. · Revisions; Changes. We may amend these Terms of Use at any time by posting amended Terms of Use ("Amended Terms of Use") on the LAIS Site. Any Amended Terms of Use will become effective immediately upon posting. Your use of the Intelligence System after any Amended Terms of Use become effective will be deemed to constitute your acceptance of those Amended Terms of Use.We may modify or discontinue the Intelligence System at any time, temporarily or permanently, with or without notice to you. Purpose of the Intelligence System. The Intelligence System is intended to be an information resource that you may use to contribute to your business research. The Intelligence System is for broker/dealer use only; it is not to be used with the public in oral, written or electronic form. The information on the Intelligence System and LAIS Site is for your information only and is neither the tax, legal or investment advice of Lord Abbett or its third-party sources nor their recommendation to purchase or sell any security.

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3. Rights in Data. Our use of information collected from you will be in accordance with our Privacy Policy posted on the LAIS Site. Our compliance with our Privacy Policy will survive any termination of these Terms of Use or of your use of the Intelligence System.

4. Your Conduct in the Use of the Intelligence System. You may access, search, view and store a personal copy of the information contained on the LAIS Site for your use as a broker/dealer. Any other use by you of the Intelligence System and the information contained on the LAIS Site these Terms of Use is strictly prohibited. Without limiting the preceding sentence, you will not: · Engage in or permit any reproduction, copying, translation, modification, adaptation, creation of derivative works from, distribution, transmission, transfer, republication, compilation or decompilation, reverse engineering, display, removal or deletion of the Intelligence System, any portion thereof, or any data, content or information provided by us or any of our third-party sources in any form, media or technology now existing or hereafter developed, that is not specifically authorized under these Terms of Use.

· Remove, obscure or alter any notice, disclaimer or other disclosure affixed to or contained within the Intelligence System, including any copyright notice, trademark and other proprietary rights notices and any legal notices regarding the data, content or information provided through the Intelligence System.

· Create a hyperlink to, frame or use framing techniques to enclose any information found anywhere on the LAIS Site without our express prior written consent.

· Impersonate any person, or falsely state or otherwise misrepresent his or her affiliation with any person in connection with any use of the Intelligence System.

· Breach or attempt to breach the security of the Intelligence System or any network, servers, data, or computers or other hardware relating to or used in connection with the Intelligence System; nor (b) use or distribute through the Intelligence System software or other tools or devices designed to interfere with or compromise the privacy, security or use of the Intelligence System by others or the operations or assets of any person.

· Violate any applicable law, including, without limitation, any state federal securities laws. 5. Your Representations and Warranties. You hereby represent and warrant to us, for our benefit, as of the time of these Terms of Use and for so long as you continue to use the Intelligence System, that (a) you are, and will continue to be, in compliance with these Terms of Use and any applicable laws and (b) you are authorized to provide to us the information we collect, as described in our Privacy Policy.

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THE INTELLIGENCE SYSTEM, THE LAIS SITE AND ALL DATA, INFORMATION AND CONTENT ON THE LAIS SITE ARE PROVIDED "AS IS" AND “AS AVAILABLE” AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. WITHOUT LIMITING THE PRECEDING SENTENCE, LORD ABBETT, ITS AFFILIATES, AGENTS, THIRD-PARTY SUPPLIERS AND LICENSORS, AND THEIR RESPECTIVE EMPLOYEES, CONTRACTORS, DIRECTORS, OFFICERS AND SHAREHOLDERS (COLLECTIVELY, THE “LORD ABBETT GROUP”) EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. YOU EXPRESSLY AGREE THAT YOUR USE OF THE LAIS SITE, THE INTELLIGENCE SYSTEM, AND THE DATA, INFORMATION AND CONTENT PRESENTED THERE ARE AT YOUR SOLE RISK AND THAT THE LORD ABBETT GROUP WILL NOT BE RESPONSIBLE FOR ANY (A) ERRORS OR INACCURACIES IN THE DATA, CONTENT AND INFORMATION ON THE LAIS SITE AND THE INTELLIGENCE SYSTEM OR (B) ANY TERMINATION, SUSPENSION, INTERRUPTION OF SERVICES, OR DELAYS IN THE OPERATION OF THE LAIS SITE OR THE INTELLIGENCE SYSTEM.

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THIS SECTION 6 SHALL SURVIVE ANY TERMINATION OF THESE TERMS OF USE OR YOUR USE OF THE INTELLIGENCE SYSTEM..

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NONE OF THE MEMBERS OF THE LORD ABBETT GROUP WILL BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING LOSS OF PROFITS, LOSS OF USE, TRANSACTION LOSSES, OPPORTUNITY COSTS, LOSS OF DATA, OR INTERRUPTION OF BUSINESS) RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATING TO THE INTELLIGENCE SYSTEM, THE LAIS SITE OR YOUR USE THEREOF, EVEN IF THE LORD ABBETT GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS SECTION 7 WILL SURVIVE ANY TERMINATION OF THESE TERMS OF USE OR YOUR USE OF THE INTELLIGENCE SYSTEM.

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· Governing Law. This Agreement will governed by and construed in accordance with the laws of the State of New York, without giving effect to applicable conflicts of law principles.

THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT OR ANY VERSION THEREOF, ADOPTED BY ANY STATE, IN ANY FORM ("UCITA") WILL NOT APPLY TO THESE TERMS OF USE. TO THE EXTENT THAT UCITA IS APPLICABLE, THE PARTIES HEREBY AGREE TO OPT OUT OF THE APPLICABILITY OF UCITA PURSUANT TO THE OPT-OUT PROVISION(S) CONTAINED THEREIN.

The Intelligence System is not intended to be used by consumers, nor are the consumer protection laws of any jurisdiction intended to apply to the Intelligence System. You agree to initiate and maintain any action, suit or proceeding relating to these Terms of Use or arising out of the use of the Intelligence System exclusively in the courts, state and federal, located in or having jurisdiction over New York County, New York.

YOU HEREBY CONSENT TO THE PERSONAL JURISDICTION AND VENUE OF THE COURTS, STATE AND FEDERAL, LOCATED IN OR HAVING JURISDICTION OVER NEW YORK COUNTY, NEW YORK. YOU AGREE THAT YOU WILL NOT OBJECT TO A PROCEEDING BROUGHT IN YOUR LOCAL JURISDICTION TO ENFORCE AN ORDER OR JUDGMENT OBTAINED IN NEW YORK.

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· Third-Party Beneficiaries. The members of the Lord Abbett Group are third-party beneficiaries of the rights and benefits provided to us under these Terms of Use. You understand and agree that any right or benefit available to us or any member of the Lord Abbett Group hereunder will also be deemed to accrue to the benefit of, and may be exercised directly by, any member of the Lord Abbett Group to the extent applicable.

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Practice Management

Most advisors don’t have required safeguards in place, one expert says.

This Practice Management article is intended for financial advisors only (registered representatives of broker/dealers or associated persons of Registered Investment Advisors).
 

In the wake of the Equifax hack, are you confident your clients’ data are walled off behind sufficient cyber protections?

If most advisors answered honestly, the answer would be no, says Brian Edelman, founder of cybersecurity consulting firm Financial Computer Services in Bloomfield, New Jersey.

“What we’ve noticed is [that] nobody does this,” Edelman says, based on his encounters with firms that have been operating without adequate cyber defenses for years.

Advisors have become accustomed to outsourcing general tech support and compliance functions. But, he says, firms rarely elevate cybersecurity to the same level of importance, in terms of both budgeting and strategic planning.

Edelman’s clients, which range from single-advisor RIAs to custodians and broker/dealers, retain Financial Computer to keep an array of cyber protections functioning and up to date.

If the fear of hackers themselves isn’t enough to persuade advisors to shore up their cyber moats, they should realize they can be held liable if they aren’t in compliance with their own state’s so-called “safeguards” provisions, Edelman says.

Edelman offers the following list of basic protections that most advisors need in place to comply with each state’s rules:

1. Whole-disc encryptionIf advisors lose a laptop or desktop computer through accident or theft, this feature lets them remotely lock hard discs on those machines to render the data on them irretrievable. While it’s a feature of many computer systems, Edelman encourages getting professional help. “[It’s] not that you can’t do it yourself,” he says, “but it’s just not as easy as pushing a button.” IT security companies such as Symantec and Sophos sell disc-encryption products. Edelman’s firm uses one by the latter called SafeGuard. But it also manages the operation of whatever product an advisor’s broker/dealer or parent company uses.

2. Secure messagingE-mail encryption protects privacy both while a message is in transit and after it’s been received. “Most of the time we find that the broker/dealer, or the financial institution that the broker/dealer is related to, is offering it, but the advisor isn’t using it,” Edelman says. “The key is not to replace anything that’s there but to have a full toolset.” Secure messaging is a candidate for the single most important cyber protection, in Edelman’s view.

3. Cyber monitorThis software tool watches over a computer or network and notifies users if there’s been a breach. “There are a lot of commercial products that vendors might use,” Edelman says. However, “when you get to this level of cybersecurity, the names are not as familiar,” he says. “These are typically things not purchased by a consumer. They are usually purchased through a vendor.”

4. Managed antivirus programComputer viruses often go unnoticed; this software defends against them. Companies can take on viruses not just through e-mail but also by misspelling a domain name and landing at the wrong website, Edelman says.

5. Corporate firewallMany firms are only using standard firewalls that are provided by their cable providers, according to Edelman. “That’s not going to cut it,” he says, when it comes to staying in compliance with regulatory safeguard provisions.

6. Multi-factor identificationBy now, most people are familiar with this security tool: When you log into your e-mail or other password-protected account, you also have to enter a code retrieved from your mobile phone to complete the process. “This is the new player in this place, [although] it’s been around for a while,” Edelman says. New York State’s influential regulator, the Department of Financial Services, cites the high importance of this safeguard, he says.

These tools, which are evolving as rapidly as are hackers’ strategies, are meant to operate together, Edelman says. “With the absence of any of them,” he says, “you are putting data at risk.”

On March 1, the State of New York upgraded its own security rules. As a result, Edelman expects other states to follow suit and tighten their own, upping the ante over this issue for advisors.

Advisors tend to be most keenly aware of the value of strong cyber protections when they face a real security threat. For example, Edelman says, if you lose a laptop and can prove to regulators that it was covered by whole-disc encryption, “there’s no breach event,” or loss of control over client data for any period of time.

If an advisor can’t prove the data weren’t protected, he or she must report the breach event to regulators, he says, and potentially suffer damaging consequences. Says Edelman, “It’s just that black and white.”

—by Ann Marsh
Ann Marsh is a senior editor and the West Coast bureau chief of Financial Planning. Follow her on Twitter at @Ann_Marsh.

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