Terms of Service

Last Revised 2/14/2017

This Terms of Service (this "Agreement") is made by and between Johnson Financial Group, a Wisconsin corporation, and the customer ("Client") of a Johnson Financial Group Financial Advisor (the "Financial Advisor"). This Agreement sets forth the general terms and conditions of Client’s access to and use of this web site (the "Service"), a financial planning software application and aggregation tool provided by eMoney Advisors LLC (“eMoney”). Once Client accepts by clicking "I Accept" on the Client Site, Client agrees to all of the terms and conditions of this Agreement.

Client acknowledges that, as the Service changes, Client may be required to agree to additional terms and conditions as a condition to continued use of the Service. Client further acknowledges that Johnson Financial Group or eMoney may change the terms and conditions applicable to use of the Service, but Johnson Financial Group or eMoney will obtain Client's agreement to such changed terms and conditions by presenting a revised Terms of Service to Client for acceptance. If Client refuses to accept the revised Terms of Service, Johnson Financial Group or eMoney has the right to immediately terminate Client'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, Client may access and use those aspects of the Service intended for access and use by client (the "Client Site"). Client shall not (1) access or use any aspect of the Service other than the Client 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.

Client understands, acknowledges and agrees that:

• Johnson Financial Group and eMoney have authorized Client to access and use the Client Site. Johnson Financial Group or eMoney may at any time, in its sole discretion, terminate such authorization. Upon notification that Johnson Financial Group or eMoney has terminated its authorization of Client's use of the Client Site, eMoney will immediately terminate Client's access and use of the Service without notice.
  
  
• The Client Site is not a replacement for account statements provided by custodians of Client’s financial accounts. It is important to compare the information on the Client Site with the statements Client receives from the custodian(s) for the Client’s account(s).
  
  
• Johnson Financial Group and eMoney retain the right to establish practices and/or limits in connection with the Services, including but not limited to establishing maximum disk space allotted to Client's information and documents stored on Johnson Financial Group and eMoney servers.
  
  
• The Client Site is provided solely as a convenience to Client.
  
  
• Neither Johnson Financial Group nor the Client Site provide any advice regarding insurance or securities or any other financial planning or other financial advice.
  
  
• Client is solely responsible for all financial decisions and financial planning made by Client.
  
  
• Johnson Financial Group and eMoney do not guarantee or warrant that any part of the Service is free of viruses or other harmful code. Client must take appropriate precautions, such as use of an anti-virus software package, to protect his or her computer hardware and software.
  
  
• Client 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.
  
  
• Client shall be solely responsible for safeguarding his or her login credentials such as User Name and Password. Client must immediately notify the Financial Advisor if his or her login credentials are compromised. Johnson Financial Group has no liability for any loss, claim, or other damages that result from unreported, unauthorized use of Client's log on credentials.
  
  

Account Aggregation Service (referred to as "Connections")

The Service currently provides an account aggregation function that allows Client to view, in a single location on the Client Site, consolidated financial information from such accounts that Client maintains at various financial institutions as Client may designate from time to time ("Outside Accounts").

To use the account aggregate function, Client understands and agrees that:

• The function is not available for all types of accounts and/or for all financial institutions. As such, Johnson Financial Group's only obligation is to make available to Client the ability to aggregate such types of accounts at such financial institutions as may then be available on the Service in Johnson Financial Group's sole discretion.
  
  
• Financial institutions change their web sites from time to time. As a result, an Outside Account that was available may cease to be available to the Service. Johnson Financial Group has no control over this situation and has no obligation to restore the availability of the Outside Account on the Client Site.
  
  
• Client is responsible for designating the Outside Accounts information which Client desires to aggregate.
  
  
• For each available Outside Account that Client desires to aggregate on the Client Site, Client must provide eMoney with the necessary login credentials to access the Outside Account such as username and password. Client will provide this information through such function and process as Johnson Financial Group and eMoney may determine from time to time.
  
  
• eMoney will access the web site 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.
  
  
• Client grants Johnson Financial Group and eMoney authority, with respect to each Outside Account designated for aggregation, to (1) use the login credentials for such Outside Account in order to access the account information within such Outside Account; (2) retrieve the account information within the Outside Account; and (3) store the account information so retrieved and display such information to Client and the Advisor.
  
  
• For each Outside Account designated for aggregation, Client represents and warrants to Johnson Financial Group and eMoney that (1) Client is the legal owner of the account; (2) Client has the right to disclose his or her login credentials for such Outside Account; and (3) Client has the right to grant Johnson Financial Group and eMoney the foregoing authorization.
  
  
• Johnson Financial Group is not responsible for any acts, errors, or omissions by the financial institutions at which Client maintains an Outside Account, or for the accuracy of the information provided by such institutions.
  
  
• Johnson Financial Group may terminate the account aggregation function at any time without notice to Client.
  
  

The Vault

The Service currently provides a service known as the Vault which allows Client to store and retrieve documents on the Client Site. To add a document to the Vault, Client must provide a copy of the document to the Financial Advisor if that document is to be added to a folder contained in the Vault other than a private folder to which the Client may have access. The Financial Advisor is responsible for uploading the document to the Vault and organizing Client's documents in the Vault into separate electronic "folders." Client understands and agrees that Client will have "view only" access to materials in the Vault that the Financial Advisor has added and that any addition, deletion, modification or organization of Client's documents in the Vault must be processed through the Financial Advisor.

Client understands and agrees that:

• For each document stored in the Vault, Client represents and warrants to Johnson Financial Group that Client lawfully possesses such document and has the authority to have the document uploaded, stored and made retrievable to and from the Vault.
  
  
• Client is solely responsible for the content of any document that Client provides for inclusion in the Vault. Client agrees not to use the Vault to store any document or information that is unlawful, offensive, indecent, or otherwise actionable by any third party.
  
  
• Johnson Financial Group is not responsible for any use or dissemination of Client's documents by any third parties to whom Client grants authorization to view his or her documents.
  
  
• The document storage function is provided to Client as a convenience and may be terminated by Johnson Financial Group at any time.
  
  
• The documents retained in the document storage service should not be Client's sole copy of such documents.
  
  
• Client is responsible for retaining originals of the documents he or she chooses to store in the Vault.
  
  

Alliance Partners

In addition to the user roles of Financial Advisor and Client, the Service also provides a user role that allows other service providers to Client, such as Client's banker, accountant or attorney (known as "Alliance Partners"), to access and view all of the information stored by the Service in relation to Client. For example, the Alliance Partner role allows Client to direct the Financial Advisor to permit Client's family lawyer access to Client's information in the Service to assist with estate planning and other needs.

Client understands and agrees that:

• Alliance Partner usage is arranged solely through the Financial Advisor including the creation and assignment of the Alliance Partner's login credentials. Therefore, it is the responsibility of Client and the Financial Advisor to determine whether and for how long to allow any Alliance Partner to access Client's information.
  
  
• Unless and until the Financial Advisor revokes the access privileges of an Alliance Partner, Client hereby consents to Johnson Financial Group allowing such Alliance Partner to access and view any and all of Client's information stored in the Service.
  
  
• Johnson Financial Group 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 Client as a convenience and may be terminated by Johnson Financial Group at any time.
  
  

Other Terms and Conditions

Client may terminate use of the Service at any time by contacting the Financial Advisor. Once Client has terminated use of the Service, Client will have no further access to the Services and all documents retained in the document storage service will be deleted.

Johnson Financial Group 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 web sites and include embedded videos that are not operated or hosted by Johnson Financial Group or eMoney. Johnson Financial Group and/or eMoney provide these links and/or videos for Client's convenience and may be removed at any time. Johnson Financial Group or eMoney do not investigate the quality, accuracy or completeness of any content on third party web sites. Client acknowledges and agrees that Johnson Financial Group is not responsible or liable for any content, advertising, products or other materials on or available from third party web sites or embedded videos. Client 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 Johnson Financial Group’s privacy policies, please see the Johnson Financial Group privacy statement.
Client shall indemnify and hold Johnson Financial Group harmless from and against any and all claims, damages, liability and/or costs relating to Client’s or Client’s authorized Alliance Partners use of this Service.

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.

JOHNSON FINANCIAL GROUP 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, CLIENT AGREES THAT JOHNSON FINANCIAL GROUP’S LIABILITY TO CLIENT, WHETHER IN TORT, CONTRACT OR OTHERWISE, FOR ALL CAUSES SHALL NOT EXCEED IN THE AGGREGATE $100.

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 Client's access to and use of the Service shall be governed by the laws of the United States of America and the State of Wisconsin applicable to contracts entered into by residents of the State of Wisconsin and wholly performed in the State of Wisconsin. The state courts with jurisdiction over Racine, Wisconsin shall have exclusive jurisdiction over any and all claims, disputes or other controversies relating to or arising from this Agreement or Client's access to or use of the Services. Client hereby expressly consents to the exercise of jurisdiction over Client 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 Client and Johnson Financial Group in connection with a specific product or service of Johnson Financial Group, constitute the entire agreement between Client and Johnson Financial Group and supersedes any and all other agreements, representations and understandings, whether written or oral. This Agreement may not be modified or amended by Client without the prior written consent of Johnson Financial Group.