"Advisor" means a financial advisor, home office, or financial institution, broker-dealer, registered investment advisor, third party administrator,
trust company or family office customer who is authorized to use the Service solely for the purpose of providing personal, family or household financial planning
services to Consumer.
"Consumer" means a consumer customer of Advisor who is authorized by written agreement with Advisor to use the Service solely for personal, family or household purposes.
"User" means you as the Advisor personnel or Consumer authorized by Advisor to use the Service, each who has authorized user identification
codes and passwords to access the Service.
company ("eMoney"), and User. This Agreement sets forth the general terms and conditions of User's access to and use of eMoney's Wealth Management
System (the "Service").
THIS AGREEMENT CONTAINS PROVISIONS THAT REQUIRE ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES BETWEEN USER AND eMoney, RATHER THAN JURY TRIALS OR CLASS
ACTIONS. PLEASE REVIEW THE ARBITRATION, CLASS WAIVER, JURY TRIAL WAIVER, GOVERNING LAW SECTION FOR FURTHER INFORMATION ABOUT THIS REQUIREMENT. PLEASE READ THIS AGREEMENT
CAREFULLY TO ENSURE THAT USER UNDERSTANDS EACH PROVISION.
By clicking "I Accept" on the Service and/or Consumer Site (as defined below), User agrees to all of the terms and conditions of this Agreement.
Consumer acknowledges and agrees (1) that this Agreement is between eMoney and Consumer and (2) that Advisor is not a party to this Agreement. Notwithstanding the
foregoing, Consumer enters into this Agreement with eMoney and uses the Service subject to the written terms and conditions between Advisor and Consumer of that certain wealth planning agreement between
Advisor and Consumer (the "Advisor Agreement"). By accepting this Agreement and using the Service, Consumer represents and warrants to eMoney (1)
that he or she has received and agrees with the Advisor Agreement and (2) that the Advisor Agreement is a valid binding agreement between Consumer and Advisor.
Consumer acknowledges and agrees (1) that Consumer's sole source of remedies against eMoney regarding the Service are set forth herein and (2) that Consumer's sole source
of remedies against Advisor shall be found in the Advisor Agreement and any other applicable agreement(s) between Advisor and Consumer.
User acknowledges that, as the Service changes, User may be required to agree to additional terms and conditions as a condition to continued use of the Service. User
further acknowledges that eMoney may change the terms and conditions applicable to use of the Service at any time, and if required by law, eMoney will obtain User's agreement to such changed
terms and conditions. The Service is at all times subject to this Agreement then in effect; should User refuse to accept the current Agreement, eMoney will
immediately terminate User's access to and use of the Service.
Privilege to Access and Use the Service
During the term of and subject to the terms and conditions of this Agreement, Consumer may access and use those aspects of the Service intended for access and use by Consumers
(the "Consumer Site"). Consumer shall not (1) access or use any aspect of the Service other than the Consumer Site; (2) access or use the Service for any purposes
other than personal use; or (3) access or use the Service in any unlawful manner or in violation of this Agreement. Advisor may provide Consumer access and use of Consumer Site
solely for personal, family or household purposes.
User understands, acknowledges and agrees that:
Consumer's access to and use of the Consumer Site is at all times subject to authorization from the Advisor. The Advisor may at any time, in the Advisor's
sole and absolute discretion, without notice, for any reason or no reason, terminate Consumer's authorization to use the Consumer Site, and eMoney shall comply with
such direction from Advisor. Further, eMoney may at any time, in its sole and absolute discretion, without notice, for any reason or no reason, terminate Consumer's
access to the Consumer Site.
The Consumer Site is not a replacement for account statements provided by custodians of Consumer's financial accounts. It is important to compare the information
on the Consumer Site with the statements Consumer receives from the custodian(s) for the Consumer's account(s).
eMoney retains the right to establish practices and/or limits in connection with the Service, including but not limited to establishing maximum disk space allotted to
Consumer's information and files stored on eMoney's servers.
The Consumer Site is provided solely as a convenience to Consumer.
The Consumer Site is provided solely for personal, family or household purposes and is not to be used for commercial financial planning.
Neither eMoney nor the Consumer Site provides any advice regarding insurance or securities or any other financial planning or other financial advice.
As between Consumer and eMoney, Consumer is solely responsible for all financial decisions and financial planning made by Consumer, whether made in connection
with use of the Service or otherwise.
eMoney is not a broker-dealer. Consumer access to brokerage accounts may be made available through the broker-dealer's website. Any transactions Consumer initiates
in such brokerage accounts are processed through the broker-dealer where the Consumer's account is custodied, not eMoney.
eMoney is not responsible for and shall not be held liable for any advice given or recommendations made by the Advisor with respect to any financial, insurance, planning
or other matter, regardless of whether Consumer relied on such advice or the Service.
eMoney does not guarantee or warrant that any part of the Service is free of viruses or other harmful code. User must take appropriate precautions, such as use of an anti-virus
software package, to protect his or her computer hardware and software.
User acknowledges and agrees that eMoney does not monitor or police communications or data transmitted through the Service and that eMoney shall not be responsible for the content
of any such communications or transmissions.
User has obtained all necessary authorizations and consents required by law, if any, to upload any data to the eMoney Service.
User shall comply with applicable law at all times when using the eMoney Service.
Any unlawful, harassing or other inappropriate behavior may result in the suspension or termination of User's subscription at eMoney's sole discretion.
User is responsible for obtaining his or her own hardware, software and services (such as computers, web browsers and Internet access service) necessary to access and use
the Service and for payment of all fees involved in obtaining such hardware, software and services.
User shall be solely responsible for safeguarding his or her login credentials such as User Name and Password. Consumer must immediately notify the Advisor if his or her
login credentials are compromised. eMoney has no liability for any loss, claim, or other damages that result from unreported, unauthorized use of Consumer's login credentials.
immediately terminate any of its services and User's relationship without liability to User, User's clients or User's third-party services providers, agents or vendors.
eMoney, in its sole discretion, reserves the right to suspend or terminate the User or the User's third party service provider or vendors access to, or the User or the User's
third party service provider or vendors right to use, the Third Party Data and that upon termination or suspension of such access or use or upon the termination of the User's
relationship, the User shall cease and shall cause all of User's third party service providers, agents and vendors to cease all use of and delete or purge any and all of the
Third Party Data. eMoney will not be liable to User for any modification or discontinuance of any third party service provider or vendor products or services, whether as a
result of eMoney's suspension or termination of the Third Party Data, User's relationship with eMoney or for any other reason.
By using our Services, you acknowledge that you have read and understand the terms of the eMoney Advisor LLC privacy notice ("Privacy Notice") available through the Services or www.emoneyadvisor.com ("Site").
If you do not agree with (i) the Privacy Notice, (ii) any future revisions to the Privacy Notice and/or (iii) any practices related to the Privacy Notice, do not use, visit, register
or otherwise access the Services or content contained in the Services.
Account Aggregation Service (referred to as "Connections")
The Service currently provides an account aggregation function that allows Consumer to view, in a single location on the Consumer Site, consolidated
financial information from accounts that Consumer maintains at various financial institutions as identified by Consumer from time to time ("Outside Accounts").
To use the account aggregation function, User understands and agrees that:
The aggregation function is not available for all types of accounts and/or for all financial institutions. As such, eMoney's only obligation is to make available to
Consumer the ability to aggregate such types of accounts at such financial institutions as may then be available on the Service in eMoney's sole discretion and/or ability.
Financial institutions change their websites from time to time. As a result, an Outside Account that was available to view in Connections may cease to be available to
view in Connections. eMoney has no control over Consumer's third party financial accounts and has no obligation to restore the availability of the Outside Account on the
Consumer is responsible for identifying the Outside Accounts that Consumer desires to aggregate and configuring the Consumer Site accordingly.
For each available Outside Account that Consumer desires to aggregate on the Consumer Site, Consumer must authorize eMoney to receive Outside Account information
from Consumer's financial institution(s) and/or provide eMoney or its third-party aggregation vendor with the necessary login credentials (including, without limitation,
username and password) to access such Outside Account. Consumer will provide this information through such function and process as eMoney may determine from time to time.
eMoney will access the website maintained by each third-party financial institution for each Outside Account designated for aggregation in order to retrieve and store the account
information within the Outside Account.
By submitting information, data, passwords, usernames, PINs, other log-in information and other content to eMoney through the Service, Consumer grants eMoney express
authority, with respect to each Outside Account designated for aggregation, to (1) use Consumer's login credentials for such Outside Account in order to access the account
information within such Outside Account; (2) collect, retrieve, access, use, store, convert, perform any operation on, transfer, alter, format, compile, display, delete and/or
distribute ("Process") the Processed account information within the Outside Account; and/or (3) store the Outside Account information so retrieved and the Processed
Outside Account information in accordance with this Agreement and eMoney's Privacy Notice and display such information to Consumer and the Advisor via the Service and/or
By using the Service, Consumer hereby expressly consents to each financial institution holding the Outside Account to make Consumer's data contained in the Outside Account
available to eMoney for use in the Connections.
For each Outside Account designated for aggregation, Consumer represents and warrants to eMoney that (1) Consumer is the legal owner of the account; (2) Consumer has the
right to disclose his or her login credentials for such Outside Account; and (3) Consumer has the right to grant eMoney the foregoing authorization.
CONSUMER ACKNOWLEDGES AND AGREES THAT WHEN EMONEY IS ACCESSING AND RETRIEVING OUTSIDE ACCOUNT INFORMATION FROM THIRD PARTY SITES, EMONEY IS ACTING AS CONSUMER'S AGENT,
AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY THAT OPERATES THE THIRD PARTY SITE.
eMoney is not responsible for any acts, errors, or omissions by the financial institutions at which Consumer maintains an Outside Account,
or for the accuracy of the information provided by such institutions.
Consumer acknowledges that (1) the Consumer can remove an Outside Account at any time by deleting the Outside Account through the Consumer Site and (2) upon
Consumer deleting an Outside Account eMoney will stop aggregating Consumer Data for such Outside Account.
The Advisor, at the Advisor's sole discretion, may group Consumer(s) with other Consumer(s). Once Consumers are grouped together, all Consumers in the grouping,
the Advisor, and any Alliance Partner as described below will have access to view all information available to Consumer through the Service. This viewable information
may include, but is not limited to Consumer's name, address, account numbers, all accounts viewable in the Service, including account information for accounts provided by
Advisor or by Consumer through the Account Aggregation Service and all files in the Consumer's Vault. By using the Service, Consumer consents to such features. The Consumer
Site is not a replacement for account statements provided by custodians of Consumer's financial accounts. Consumer should not rely on Service and the Consumer Site as a
replacement or substitute for such financial statements.
eMoney—acting upon instruction from Advisor or otherwise—may terminate the Connections or Consumer's access thereto at any time without notice to Consumer.
Third Party Data
Security, market and reference data (collectively, "Third Party Data") is provided by third party licensor(s) of eMoney to enhance raw customer data.
Third Party Data shall not be distributed or redistributed in any manner by the User or the User's agents, third party service providers or vendors. To the extent eMoney
provides Third Party Data to the User or the User's third party service providers, agents or vendors, the receipt and use of Third Party Data by the User and the User's third
party service providers is subject to certain terms and conditions required by third party licensors of eMoney (the "Third Party Terms"). The User shall be liable
and responsible to eMoney for any actions or omissions, including any unauthorized or inadvertent receipt, use or misuse of third party data by the User or the User's third
party service providers in violation of the Third Party Terms, the terms herein or any other obligations that are made to eMoney by the User.
Third Party Data shall only be used in connection with the accounts for which eMoney provides administrative or processing services for and for no other purpose. Third
Party Data shall only be used to provide services to each individual client with respect to such client's holdings (and shall not use a client Third Party Data to provide
services to another client or entity) and for no other purpose. The User shall not commingle the holdings of a particular client with the holdings of another client for the
purpose of circumventing the obligations as otherwise set forth in the Third Party Terms, the terms herein or any other obligations that are made to eMoney by the User and
shall ensure that User's third party service providers, agents or vendors do not commingle the Third Party Data relating to the holdings of a particular third party service
provider, agent or vendor customer with the holdings of another third party service provider, agent or vendor customer (except to the extent such commingling is the result of
householding of various accounts or such commingling is provided in a summary or report showing the holdings of such househeld accounts).
Except as expressly provided herein, the User shall not distribute, redistribute, export to, download for, provide access to, or otherwise transfer Third Party Data to any party
including but not limited to third party service providers, vendors, or agents.
Use or disclosure of any Third Party Data in any manner inconsistent with Third Party Terms, the terms herein or any other obligations imposed upon User by eMoney
may result in immediate and irreparable harm to eMoney and/or the third party licensors of eMoney and any remedies at law in such event may not be adequate. Accordingly,
in addition to all other remedies available at law or in equity, eMoney shall have the right to seek equitable and injunctive relief, without the necessity of proving actual
damages and without posting a bond, to prevent such unauthorized, negligent or inadvertent use or disclosure, and to recover the amount of all such damages (including attorneys'
fees and expenses) incurred in connection with such use or disclosure. Additionally, eMoney is not waiving or purporting to waive any rights that the third party licensors of
eMoney may have to pursue any and all claims against the User, the Consumer or the User's third party service providers, agents or vendors in connection with the unauthorized
use or disclosure of Third Party Data.
The User and the User's third party service providers, vendors and agents shall not distribute, redistribute or otherwise transfer Third Party Data (i) into (or to a
national or resident of or to the government of) Cuba, Iran, North Korea, Sudan, Syria, Burma (Myanmar), Libya or any other country with respect to which the United States
maintains trade sanctions prohibiting the shipment or provision of services, goods, technology or software; or (ii) to anyone on or acting on behalf of or owned or controlled
by an entity on the Specially Designated Nations and Blocked Persons List maintained by the U.S. Treasury Department's Office of Foreign Assets Control (the "SDN List")
or the U.S. Commerce Department's Denied Persons List or Entities List (collectively with the SDN List, the "U.S. Prohibited Party List(s)"). Each time the User
accesses, uses, transmits, exports, downloads, distributes, redistributes or otherwise transfers Third Party Data, the User shall be deemed to represent, warrant and covenant
to eMoney that the User and the User's third party service providers, clients, agents and vendors are not (x) located in or a national or resident of or the government of any
country that is subject to U.S. trade sanctions or (y) on any U.S. Prohibited Party List or acting on behalf of or owned or controlled by any person or entity on any such list.
The User will defend, indemnify and hold harmless eMoney, and its affiliates, licensors, and third party licensors, service providers, and their partners, suppliers,
officers, directors, employees and successors and assigns thereof ("Indemnified Parties") from and against all claims, demands, proceedings, suits and actions
and all liabilities, losses, expenses and costs (including any reasonable legal fees and expenses relating to eMoney's or any third party service providers defense)
("Damages") arising from third party claims which allege: (i) failure by the User or the User's third party service providers, clients, agents or vendors to
comply with any obligations to eMoney with regards to the Third Party Data; (ii) the unauthorized access or use of the Third Party Data by the User or the User's third party
service providers, clients, agents or vendors; or (iii) any negligent or willful acts, errors, or omissions by the User or the User's third party service providers, clients,
agents or vendors in the performance of the User's obligations, provided, however, that the User shall not be obligated to indemnify any Indemnified Party in the event
that, and solely to the extent that, the Damages result from the gross negligence or willful misconduct of eMoney. In the event eMoney requests indemnification pursuant
to this Section, it shall give notice to the User promptly after the receipt of any claim that may be indemnifiable hereunder. The User shall have sole control of the defense
with respect to any such claim (including settlement of such claim), except that eMoney may participate in such defense at its own expense, and that no settlement that imposes
liability on or detrimentally affects the rights of eMoney or its licensors, and third-party service providers, and their partners, suppliers, officers, directors, employees
and successors and assigns shall be entered into by the User without eMoney's prior written consent. If the User fails to either defend or settle any such claim, eMoney may
defend the claim, and keep the User informed of the progress, or settle the claim for a commercially reasonable result.
The Service currently provides a service known as the Vault which allows User to store and retrieve electronic files on the Consumer Site. To add a file to the Vault, (a)
Consumer may either upload the file to a private Vault folder to which the Consumer may have access, (b) a User may upload the files to a shared folder to which the Advisor has
granted Consumer access or (c) a User may provide a copy of the file to the Advisor if that document is to be added to a folder contained in the Vault other than the Consumer's
private or shared folders to which the Consumer may have access. The Advisor is responsible for uploading the file to the Vault and organizing Consumer's files in the Vault into
separate electronic "folders." User understands and agrees that Consumer will have "view only" access to materials in the Vault that the Advisor has added and that any addition,
deletion, modification, or organization of Consumer's such files in the Vault must be processed through the Advisor.
User understands and agrees that:
For each file stored in the Vault, User represents and warrants to eMoney that User lawfully possesses such file and has the authority to upload or have the file uploaded,
stored and made retrievable to and from the Vault.
The Vault offers four privacy settings for each file stored in the Vault: (1) accessible by Consumer only; (2) accessible by Advisor only; (3) accessible by Advisor's
service professional as authorized by advisor, and (4) accessible by both Consumer and Advisor. The User is solely responsible for selecting the appropriate privacy setting for
each file submitted to the Vault. eMoney is not responsible for, and specifically disclaims any responsibility or liability for, the privacy setting of any file in the Vault.
User is solely responsible for the use and content of any file that User uploads into or accesses from the Vault, including files provided by third parties (including,
without limitation, User's broker-dealer, User's broker-dealer's service providers and User’s custodian) and such third parties do not assume any liability with respect to
the content of such files when viewed in the Vault or for any other content provided on this site. User agrees not to use the Vault to store any file or information that is
unlawful, offensive, indecent, or otherwise actionable by any third party.
eMoney disclaims any ownership rights to or liability for the files (or the contents thereof) uploaded to the Vault by User.
eMoney is not responsible for any use or dissemination of User's files by any third parties to whom User grants authorization to view his or her files.
The Vault is provided to Consumer as a convenience and may be discontinued by eMoney at any time.
User should not rely on the Vault as User's storage system for files; User should always retain a copy of User files outside of the Vault.
User is responsible for retaining originals or copies of the files he or she chooses to store in the Vault as eMoney does not guarantee the contents of the Vault will be available
to the User or that the Vault will always be offered as a service.
Arbitration, Class Waiver, Jury Trial Waiver, Governing Law
Arbitration: READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES USER AND eMoney TO ARBITRATE THEIR DISPUTES. Both eMoney and User agree to resolve by binding
arbitration any claim, dispute, or controversy (whether based in contract, tort, statute, or any other legal theory) arising out of or in connection with or relating to (1) the
products or services made available by eMoney, including Advisor, User's use of these products and services, and the information that User provides eMoney in connection with User's
use of these products and services, or (2) this Agreement, including without limitation, the validity, interpretation, enforcement, or application of this Agreement and/or this Section
(collectively, "Claims"). Both User and eMoney further agree that the arbitrator shall also have the exclusive authority to determine all additional threshold arbitrability issues,
including without limitation issues relating to whether the Agreement is unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel. A party
who intends to seek arbitration must first send a written notice of the Claim to the other party by certified mail or Federal Express, or in the event that we do not have a physical
address on file for User, by electronic mail ("Notice"). eMoney and User agree to use good faith efforts to resolve the Claim, but if the parties do not resolve the Claim within
30 days of the Notice, then either party may commence arbitration. Our address for notice is:
Attn: General Counsel
eMoney Advisor, LLC
4 Radnor Corporate Center, Suite 300
100 Matsonford Road
Radnor, PA 19087
Arbitration Procedure: Any arbitration between User and eMoney will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for
Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA.
The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting eMoney. Unless User and eMoney otherwise agree, the arbitration
will be conducted in the county where User resides. If User is using the Service for commercial purposes, payment of all arbitration fees will be determined in accordance with the AAA Rules.
If User is using the Service for non-commercial purposes and User's claim is for less than $10,000, eMoney will reimburse User's filing fee, unless the arbitrator finds that either the
substance of User's claim or the relief sought is frivolous or brought for an improper purpose, in which case the payment of all fees will be determined in accordance with the AAA Rules.
If User is using the Service for non-commercial purposes and User's claim is for greater than $10,000, the payment of all fees will be determined in accordance with the AAA Rules. Any
judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Exceptions: Notwithstanding anything else in this Agreement to the contrary, eMoney and User both agree that nothing herein will be deemed to waive, preclude, or otherwise
limit either of our right to (i) bring an individual action in small claims court, (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions
are available, (iii) seek injunctive relief in a court of law, provided that is the sole form of relief sought, or (iv) to file suit in a court of law to address intellectual property
infringement claims. User and eMoney agree that the state courts with jurisdiction over Montgomery County, Pennsylvania shall have exclusive jurisdiction over any claim, dispute or
controversy brought pursuant to this section, and both parties irrevocably consent to the jurisdiction of this court.
No Class Actions: USER AND eMoney AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT IN ANY REPRESENTATIVE CAPACITY, INCLUDING A
CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR ANY OTHER REPRESENTATIVE PROCEEDING WHATSOEVER. Further, unless both User and eMoney agree otherwise, the arbitrator
may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive
relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. Any determination about the validity, interpretation,
enforcement, and/or application of this No Class Action section is delegated to the arbitrator.
Jury Trial Waiver: USER AGREES THAT, BY ENTERING INTO THIS AGREEMENT, USER AND eMoney ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY FOR ANY Claims TO THE
FULLEST EXTENT PERMITTED BY LAW.
Governing Law: Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Agreement evidences a transaction
involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. ("FAA"), will govern its interpretation and enforcement and proceedings pursuant
thereto. If the FAA and AAA Rules are found to not apply to any issue that arises under this Agreement or the enforcement thereof, then that issue shall be resolved under the
laws of the Commonwealth of Pennsylvania, without respect to its conflict of laws principles, the parties acknowledge that this Agreement evidences a transaction involving
Severability: If any clause or provision set forth in this Arbitration, Class Waiver, Jury Trial Waiver, Governing Law section is determined to be illegal,
invalid or unenforceable under present or future law, then the clause or provision so determined to be illegal, invalid or unenforceable shall be severable without affecting
the enforceability of all remaining clauses or provisions.
In addition to the user roles of Advisor and Consumer, the Service also provides a user role that allows other service providers to
Consumer, such as Consumer's banker, accountant or attorney (known as "Alliance Partners"), to access and view all of the information
stored by the Service in relation to Consumer. For example, the Alliance Partner role allows Consumer to direct the Advisor to permit
Consumer's family lawyer access to Consumer's information in the Service to assist with estate planning and other needs.
Consumer understands and agrees that:
Consumer must request an Alliance Partner through the Advisor. Advisor may in its sole and absolute discretion grant or deny any request
of Consumer to add any Alliance Partner.
Unless and until the Advisor revokes the access privileges of an Alliance Partner, Consumer hereby consents to eMoney allowing such
Alliance Partner to access and view any and all of Consumer's information stored in the Service. Should Consumer wish to revoke the access
privileges of any Alliance Partner, Consumer shall promptly notify Advisor in writing accordingly, and Advisor shall have a reasonable time,
which in no event shall be less than ten (10) business days, to act thereon.
eMoney shall not be liable for any act or omission on the part of the Advisor in relation to Alliance Partners or any act or omission
of the Alliance Partner.
The Alliance Partner function is provided to Consumer as a convenience and may be terminated by eMoney and/or Advisor at any time.
Other Terms and Conditions
Consumer may terminate use of the Service at any time by contacting the Advisor. Once Consumer has terminated
use of the Service, Consumer will have no further access to the Service and all files retained in the file storage
service will be deleted.
eMoney stores information regarding actions taken by Consumer when Consumer accesses the Consumer Site. This information may be provided to the Advisor and/or Alliance
Partners and to other eMoney employees and contractors who provide services or products to the Consumer. Consumer agrees that the Service is non-transferable and any
rights to the Service and access to the Consumer Site and the information or contents within the Consumer Site, terminate upon Consumer's death. Upon receipt of a copy
of Consumer's death certificate, Consumer's access to the Consumer Site may be terminated and all contents therein permanently deleted.
eMoney may modify or discontinue offering the Service at any time, with or without notice, for any reason or no reason.
The Service may provide links to websites and include embedded videos that are not operated or hosted by eMoney. eMoney provides these links and/or videos for User's
convenience and may be removed at any time. eMoney does not investigate the quality, accuracy or completeness of any content on third party websites. User acknowledges
and agrees that eMoney is not responsible or liable for any content, advertising, products or other materials on or available from third party websites or embedded videos.
User is responsible for familiarizing his or herself with the content of such third party websites and/or embedded videos, including the applicable privacy policies related
thereto. For more information on eMoney's privacy policies, please see the eMoney privacy statement.
NONE OF EMONEY, AND ITS AFFILIATES, PARTNERS, SUPPLIERS, OFFICERS, DIRECTORS, EMPLOYEES AND SUCCESSORS AND ASSIGNS, ITS THIRD-PARTY DATA PROVIDERS, LICENSORS, AND THEIR
PARTNERS, SUPPLIERS AND THEIR RESPECTIVE AFFILIATES (COLLECTIVELY, "THIRD PARTY SUPPLIERS") ARE MAKING ANY REPRESENTATION OR WARRANTY, EXPRESSED OR IMPLIED, AS
TO THE ACCURACY OR COMPLETENESS OF ANY THIRD PARTY DATA OR WITH RESPECT TO THE USER OR THE USER'S THIRD PARTY SERVICE PROVIDERS, AGENTS OR VENDORS RECEIPT OR USE OF THE
THIRD PARTY DATA. THE USER OR THE USER’S THIRD PARTY SERVICE PROVIDERS, AGENTS OR VENDORS USE OF (OR USE IN ANY PARTICULAR LOCATION AS SET FORTH ABOVE) THIRD PARTY DATA
IS AT THE USER'S SOLE RISK. THIRD PARTY DATA IS PROVIDED BY EMONEY, ITS AFFILIATES AND THIRD PARTY SUPPLIERS ON AN "AS IS" AND "AS AVAILABLE" BASIS. EMONEY, ITS AFFILIATES
AND THIRD PARTY SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE THIRD PARTY DATA INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. EMONEY, ITS AFFILIATES AND THIRD-PARTY SUPPLIERS MAKE NO WARRANTY OR COMMITMENT TO THE
USER THAT (I) THE THIRD PARTY DATA WILL MEET THE USER OR THE USER'S THIRD PARTY SERVICE PROVIDERS, AGENTS OR VENDORS REQUIREMENTS, (II) THE TRANSMISSION OR RECEIPT OF THIRD
PARTY DATA WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) THE THIRD PARTY DATA THAT IS OBTAINED BY THE USER OR THE USER'S THIRD PARTY SERVICE PROVIDERS, AGENTS
OR VENDORS WILL BE ACCURATE, COMPLETE OR RELIABLE, OR (IV) ANY ERRORS IN THE THIRD PARTY DATA WILL BE CORRECTED. EMONEY, ITS AFFILIATES AND THIRD-PARTY SUPPLIERS SHALL NOT
HAVE ANY LIABILITY (INCLUDING, LIABILITY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES, LOSS RESULTING FROM BUSINESS DISRUPTION,
LOST PROFITS OR TRADING ERRORS) TO THE USER OR THE USER'S THIRD PARTY SERVICE PROVIDERS, CLIENTS, AGENTS OR VENDORS AS A RESULT OF THE USER OR THE USER'S THIRD PARTY SERVICE
PROVIDERS, AGENTS, CLIENTS OR VENDORS USE, OR INABILITY TO USE, OR ANY ERRORS IN, ANY THIRD PARTY DATA OR ANY OTHER MATTER PERTAINING HEREIN.
THE SERVICE IS FURNISHED "AS IS" AND WITHOUT ANY EXPRESS OR IMPLIED REPRESENTATIONS OR
WARRANTIES INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, NON-INFRINGEMENT, AVAILABILITY OF ALL OR ANY PART OF THE SERVICE, AND FREEDOM
FROM ERRORS, VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS.
EMONEY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL,
EXEMPLARY OR PUNITIVE DAMAGES EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME.
IF THE FOREGOING DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY IS HELD TO BE
UNENFORCEABLE, CONSUMER AGREES THAT EMONEY'S LIABILITY TO CONSUMER, WHETHER IN TORT, CONTRACT
OR OTHERWISE, FOR ALL CAUSES SHALL NOT EXCEED IN THE AGGREGATE $500.
If any clause or provision set forth in this Agreement is determined to be illegal, invalid or unenforceable under present or future law, then the clause or
provision so determined to be illegal, invalid or unenforceable shall be severable without affecting the enforceability of all remaining clauses or provisions.
This Agreement will continue to apply until terminated by either the User or eMoney in accordance with this Agreement and/or the prevailing agreement in place between the
Advisor and eMoney. This Agreement may not be modified or amended without the prior written consent of eMoney. eMoney may modify this Agreement from time to time. Any and all
changes to this Agreement may be provided to User by electronic means. In addition, the Agreement will always indicate the date it was last revised. User is deemed to accept
and agree to be bound by any changes to the Agreement when using the Service after those changes are posted.
Kestra Financial, Inc. is the parent company of Kestra Investment Services, LLC (Kestra IS) member FINRA/SIPC and of Kestra Private Wealth Services, LLC (Kestra PWS), and Kestra Advisory Services, LLC (Kestra AS). Securities offered through registered representatives of Kestra IS. Investment advisory services may be offered through appropriately licensed representatives of Kestra AS or Kestra PWS. Kestra IS is not affiliated with any other entities listed.