Terms of Service

Last Revised 11/8/2017

This Terms of Service (this "Agreement") is made by and between eMoney Advisor, LLC, a Delaware limited liability company ("eMoney"), and the consumer customer ("Consumer") of a financial advisor or financial institution who is authorized to use eMoney's Wealth Management System (the "Advisor"). This Agreement sets forth the general terms and conditions of Consumer's access to and use of eMoney's Wealth Management System (the "Service"). Once Consumer accepts by clicking "I Accept" on the Consumer Site (as defined below), Consumer 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, Consumer enters into this Agreement with eMoney and uses the Service subject to the terms and conditions of that certain wealth planning agreement between Advisor and Consumer (the “Wealth Planning Agreement”). By accepting this Agreement and using the Service, Consumer represents and warrants to eMoney (1) that he or she in receipt of and agrees with the Wealth Planning Agreement and (2) that the Wealth Planning 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 Wealth Planning Agreement and any other applicable agreement(s) between Advisor and Consumer.

Consumer acknowledges that, as the Service changes, Consumer may be required to agree to additional terms and conditions as a condition to continued use of the Service. Consumer further acknowledges that eMoney may change the terms and conditions applicable to use of the Service at any time, and eMoney will obtain Consumer's agreement to such changed terms and conditions as required by law. The Service is at all times subject to the Terms of Service then in effect; should Consumer refuse to accept the current Terms of Service, eMoney will immediately terminate Consumer'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.

Consumer understands, acknowledges and agrees that:



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 aggregate function, Consumer understands and agrees that:

The Vault

The Service currently provides a service known as the Vault which allows Consumer to store and retrieve electronic files on the Consumer Site. To add a file to the Vault, Consumer may either (a) upload them to a private Vault folder to which the Consumer may have access, (b) upload the files to a shared folder to which the Advisor has granted Consumer access or (c) 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." Consumer 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.

Consumer understands and agrees that:

Alliance Partners

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:

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 Services and all files retained in the file storage service will be deleted.

eMoney may modify or discontinue offering the Services 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 Consumer'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. Consumer 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. Consumer 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. For more information on Fifth Third Bank’s privacy policies, please see the Fifth Third Bank privacy statement.

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 AGREE 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 and Consumer's access to and use of the Service shall be governed by the laws of the United States of America and the Commonwealth of Pennsylvania applicable to contracts entered into by residents of Pennsylvania and wholly performed in Pennsylvania. The state courts with jurisdiction over Montgomery County, Pennsylvania shall have exclusive jurisdiction over any and all claims, disputes or other controversies relating to or arising from this Agreement or Consumer's access to or use of the Services. Consumer hereby expressly consents to the exercise of jurisdiction over Consumer by such courts. To the fullest extent permitted by applicable law, each party to this Agreement waives its or his right to a jury trial with respect to any action brought under or in connection with this Agreement. The headings used in these terms of use are for convenience only and such headings are not to be used in determining the meaning or interpretation of these terms of use. This Agreement, together with any other terms, conditions and agreements that may be entered into by Consumer and eMoney in connection with a specific product or service of eMoney, constitute the entire agreement between Consumer and eMoney and supersedes any and all other agreements, representations and understandings, whether written or oral. This Agreement may not be modified or amended by Consumer without the prior written consent of eMoney.