Terms of Service

Last Revised 5/12/2022

This User Agreement is between you and PNC Bank, National Association, doing business as PNC Private Bank Hawthorn℠ its affiliates and agents (“Hawthorn”), and authorizes your use of eMoney’s Wealth Management System (“eMoney” or the “site”). This User Agreement contains the terms and conditions related to Hawthorn’s agreement to make eMoney available to you as a Hawthorn client. eMoney is an online personal financial information management tool, including the Aggregation Service (as defined below), offered by eMoney Advisor, LLC, a Delaware company. Access to eMoney allows you and the members of the Hawthorn team that service your Hawthorn Accounts to effectively provide you with a comprehensive financial profile. Your Hawthorn team may consist of representatives from separate PNC affiliates including but not limited to PNC Bank, National Association, PNC Delaware Trust Company, PNC Ohio Trust Company, PNC Investments, LLC (a registered broker-dealer and member of NASD and SIPC), and PNC Insurance, LLC. This User Agreement incorporates by reference the terms and conditions of the other agreements you have for your Hawthorn Accounts (defined below), such as account and service agreements. Hawthorn will only request that eMoney Advisor, LLC give you access to eMoney if you consent to this User Agreement. Hawthorn does not currently charge any fee specifically for access to eMoney. The use of eMoney is not a fiduciary or advisory service and is not part of any fiduciary duty we might owe to you. eMoney does not permit you to effect transactions in your Hawthorn Accounts or Non-Hawthorn Assets (as those terms are defined below). On eMoney you may view:

• "Hawthorn Accounts," i.e., accounts with Hawthorn and eligible accounts with Hawthorn affiliates including PNC Delaware Trust Company and PNC Ohio Trust Company; (all of the foregoing PNC entities are collectively referenced as "Hawthorn" or "we" or "us");
  
  
• "External Assets," i.e., assets held in accounts ("Non-Hawthorn Accounts") at third parties not affiliated with Hawthorn, such as your assets at an unaffiliated stock brokerage or insurance company or any other financial institution and certain accounts at Hawthorn affiliates such as retail bank accounts at PNC Bank, National Association and accounts at PNC Investments, LLC (a registered broker dealer and member of NASD and SIPC); and
  
  
• "Manual Assets", which is information about assets you manually input or cause to be input into e-Money, including the identity and value of such assets, whether held at non-Hawthorn financial institutions or otherwise. External Assets and Manual Assets are sometimes collectively referred to as "Non-Hawthorn Assets."
  
  Once you access the eMoney site, you will need to agree to terms and conditions with eMoney Advisor, LLC for the eMoney services.
  
  

1. The Aggregation Service. eMoney allows you to instruct the gathering of certain information about your External Assets from other websites and aggregate it at eMoney ("Aggregation Services").
   
   The Aggregation Services includes gathering information such as account balances, holdings and transactions. The External Assets information may not include notices and disclosures from the institutions holding your accounts, so you may need to visit their sites to obtain that and other information.
   The view-only access through eMoney allows you to see certain information about your External Assets, but not to effect transactions in those accounts. To arrange a transaction (such as a transfer of funds from an account or the purchase of an investment), you will need to deal directly with the relevant account-holding institution.
   
   For purposes of this Agreement, Aggregation Services also includes Manual Assets that you cause to be input into eMoney.



2. Your Authorization of Hawthorn to Input Your Personal and Hawthorn Account Information Into eMoney and to View Non-Hawthorn Assets Information. You authorize (and confirm previous authorizations of) us and our agents and service providers to do the following on your behalf and as your agent: (a) access, view, obtain, transfer, and input Hawthorn Account information into eMoney; and (b) access and view Non-Hawthorn Assets information of or from the sites you designate and any information about Manual Assets you input or cause to be input into eMoney.
   
   For all purposes hereof, you hereby grant Hawthorn and its agents and service providers the right to use your information, to prepare financial projections for the purpose of comprehensive financial planning, with the full power and authority to do and perform each and every act and thing required and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person.
   
   As a Hawthorn client you have received a copy of PNC’s Privacy Policy titled “What does PNC do with your personal information?” which policy advises of your right to opt out of sharing your personal information among PNC affiliates for marketing purposes or about your creditworthiness. The eMoney program aggregates the personal information that PNC affiliates have with regard to you together with information concerning Non-Hawthorn Assets that you have caused to be input into eMoney for your benefit but this also means that this information is shared among Hawthorn team members from PNC affiliates that service your accounts.
   
   By signing this User Agreement, you are consenting that the employees of Hawthorn may share and continue to share your personal information for the purpose of marketing and delivering integrated Hawthorn services including but not limited to credit and deposit products, investment products, fiduciary services, and insurance from the PNC family of companies. This means that even if you have opted to limit sharing of your personal information among PNC affiliates as part of your privacy preferences under PNC’s Privacy Policy or do so in the future, that your personal information will be shared as described herein until you terminate your access of eMoney through Hawthorn. Non-Hawthorn Account information may be used by Hawthorn to make you aware of Hawthorn products and services that might be of interest to you.



3. Proprietary Rights. You acknowledge and agree that eMoney is not a product or service of Hawthorn or its affiliates. You are permitted to access eMoney through Hawthorn only as expressly authorized by this User Agreement, but your use of eMoney will be governed by the eMoney Terms of Service.



4. Representations and Warranties. You represent, warrant and agree that:
   1. all information you cause to be input into eMoney is and will remain accurate and not misleading;
   2. you are a legal owner of the Non-Hawthorn Assets and have the authority to give us access to the Non-Hawthorn Assets information without violating any rights of third parties or contracts (such as terms of use) that you have with the providers of your Non-Hawthorn Accounts or other third parties; and
   3. you are licensing to Hawthorn and its service providers any information (including personally identifying information), data, or content you provide manually or through the Aggregation Services.
   Except as otherwise provided herein, we or our service providers may store, use, modify or display such information or create new content using such information.



5. NO ASSURANCES REGARDING INFORMATION OR SERVICE ACCURACY OR INFORMATION SECURITY.
   1. Any information displayed or provided in Hawthorn Accounts or as part of the Aggregation Service is for informational purposes only, may not reflect your most recent transactions, and should not be relied on for transactional purposes. You agree that you will not, and you will ensure that others do not, rely solely upon the information provided when making an investment or trade decision or any other material use of the information.
   2. Hawthorn will rely upon, without any obligation to verify, the accuracy of the Non-Hawthorn Account information you cause to be input into eMoney.
   3. eMoney is solely responsible for the security and data integrity of any documents that you input into eMoney’s Vault and Hawthorn provides no assurances and has no liability for such security. You authorize Hawthorn to view any documents in the eMoney Vault that you have input into a folder accessible by Hawthorn.
   4. You acknowledge that eMoney is solely responsible for the security of your Hawthorn Account information and Non-Hawthorn Assets information once such information is housed in eMoney and Hawthorn provides no assurances and has no liability for such security.
   
   
   
6. Your Non-Hawthorn Assets
   
   With respect to any Non-Hawthorn Assets and websites related to them, you agree to the following:
   
   1. No Investment Advice: By permitting the inclusion of Non-Hawthorn Assets in eMoney, Hawthorn is not undertaking to provide, should not be construed as providing and will not provide investment advice (within the meaning of, among other laws, the Employee Retirement Income Security Act of 1974, as amended,) with respect to assets, including, but not limited to IRA and other retirement plan assets, as to which Hawthorn has not entered into a contract with you for the provision of investment management, investment consulting or advisory services, including any assets in Non-Hawthorn Accounts. However, you authorize Hawthorn to view and use your information in eMoney (including Hawthorn Accounts and Non-Hawthorn Assets) for purposes of making recommendations to you concerning your assets that are subject to your account agreement with Hawthorn.
   2. Manual Assets: eMoney also allows you to manually add any assets, whether or not held in an account with a financial services provider and whether or not you have on-line access to those assets. These assets can include information about physical items such as automobiles, jewelry and real estate or securities. Hawthorn is not liable for the information that you input into eMoney. Hawthorn does not represent that the value you apply to such assets is accurate or that you have any ownership interest in or right to access such assets. We recommend you periodically update the Manual Assets information when you determine updating to be necessary.



7. Indemnification. You agree to defend, indemnify and hold harmless Hawthorn, its affiliates and third party service providers and their respective officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including settlement amounts and reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of eMoney (directly or through your agents such as us and our service providers), your violation of these terms or your violation or infringement, or the violation or infringement by any other user of your account, of any intellectual property or other right of anyone.



8. NO WARRANTIES, CONDITIONS OR DUTIES. YOU AGREE YOUR USE OF eMONEY AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DISCLAIM ALL WARRANTIES, CONDITIONS AND DUTIES OF ANY KIND AS TO THE USE OF eMONEY, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO WARRANTY THAT eMONEY (i) WILL MEET YOUR REQUIREMENTS, (ii) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM eMONEY WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH eMONEY WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN eMONEY OR TECHNOLOGY WILL BE CORRECTED.
   
   ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF eMONEY IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HAWTHORN OR ITS SERVICE PROVIDERS THROUGH OR FROM eMONEY WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
   
   HAWTHORN MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES AS TO THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY PRICE QUOTES, NOR DOES HAWTHORN MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES AS TO THE PRESENT OR FUTURE VALUE OR SUITABILITY OF ANY SECURITY, INVESTMENT STRATEGY, SALE, TRADE OR OTHER TRANSACTION INVOLVING ANY PARTICULAR SECURITY OR ANY OTHER INVESTMENT. HAWTHORN MAKES NO REPRESENTATIONS CONCERNING ANY FOREIGN EXCHANGE RATES PROVIDED.
   
   HAWTHORN DISCLAIMS ANY WARRANTY OF TITLE OR WARRANTY AGAINST INFRINGEMENT AND AGAINST INTERFERENCE WITH YOUR USE OR ENJOYMENT OF eMONEY.
   
   PNC ALSO DISCLAIMS ALL DUTIES TO YOU, IF ANY SUCH DUTIES EXIST, INCLUDING BUT NOT LIMITED TO REASONABLE CARE, WORKMANLIKE EFFORT, AND LACK OF NEGLIGENCE. IF ANY DUTY CANNOT BE DISCLAIMED, THAT DUTY SHALL BE MEASURED BY INTENTIONAL MISCONDUCT OF HAWTHORN OR ITS SERVICE PROVIDER. YOU EXPRESSLY WAIVE ALL DUTIES AND ALL WARRANTIES THAT MIGHT EXIST BUT FOR THIS SECTION 8.
   
   Any reports generated in eMoney are diagnostic tools intended to assist in the review of your current financial situation and to suggest potential planning ideas and concepts that may be of benefit. The purpose of the reports is to illustrate how financial planning principles may address your financial goals.
   
   Any report will be based upon information and assumptions provided by you and eMoney and will provide broad and general guidelines on the advantages of certain financial planning concepts and does not constitute the recommendation of any particular technique. We recommend that you review your plan annually, unless changes in your personal or financial circumstances require more frequent review.
   
   The term "plan" or "planning," when used within this report does not imply that a recommendation has been made to implement one or more financial plans or make a particular investment. Nor does the plan or report provide legal, accounting, financial, tax or other advice. Rather, the report and the illustrations therein provide a summary of certain potential financial strategies. The reports provide projections based on various assumptions and are therefore hypothetical in nature and not guarantees of investment returns. You should consult your tax and/or legal advisors before implementing any transactions and/or strategies concerning your finances.
   
   Additionally, any report may not reflect all holdings or transactions, their costs, or proceeds received by you. It may contain information on assets that are not held at Hawthorn. As such, those assets will not be included on Hawthorn’s books and records. Prices that may be indicated for Hawthorn Account assets in a report are obtained by Hawthorn from sources we consider reliable but are not guaranteed. Past performance is no guarantee of future performance and it is important to realize that actual results may differ from the projections contained in any report. The presentation of investment returns set forth in any report may not reflect the deduction of all fees and costs related to the assets. Projected valuations and/or rates of return may not take into account surrender charges on products you might own. They will reflect fees or product charges only when entered by the financial institution responsible for the assets. Deduction of such charges will result in a lower rate of return.
   
   It is important to compare the information on any report with the statements you receive from the custodian(s) for your account(s). Please note that there may be minor variations due to calculation methodologies. If you have any questions, please contact the financial institution responsible for the particular assets. Also, your account(s) may not be covered by FDIC or SIPC. FDIC and SIPC coverages apply only to certain assets and may be subject to limitations. Questions about coverage that may apply should be directed to the institution responsible for the particular assets.
   
   The information contained in any report is not written or intended as financial, tax or legal advice. You are encouraged to seek financial, tax and legal advice from your professional advisors. To ensure compliance with Internal Revenue Service Circular 230, we inform you that any U.S. Federal Tax advice contained in any report is not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing, or recommending to you or any person any tax-related matters addressed herein.
   
   Tools such as the Monte Carlo simulation will yield different results depending on the variables inputted, and the assumptions underlying the calculation. For those reports that perform a Monte Carlo analysis, the term 'Monte Carlo' will be included in the report title. The assumptions with respect to the simulation include the assumed rates of return and standard deviations of the portfolio model associated with each asset. The assumed rates of return are based on the historical rates of returns and standard deviations, for certain periods of time, for the benchmark indexes comprising the asset classes in the model portfolio. Since the market data used to generate these rates of return change over time your results will vary with each use over time.
   
   The outcomes presented using the Monte Carlo simulation represent only a few of the many possible outcomes. Since past performance and market conditions may not be repeated in the future, your investment goals may not be fulfilled by following advice that is based on the projections.



9. LIMITATION OF LIABILITY. YOU AGREE THAT HAWTHORN AND ITS SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM (i) THE USE OR THE INABILITY TO USE eMONEY; (ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES, (iii) ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM eMONEY, (iv) UNAUTHORIZED ACCESS TO, OBTAINING OF, ALTERATION OF, RECONFIGURATION OF, OR TRANSMISSION OF INFORMATION OR DATA IN A HAWTHORN ACCOUNT OR NON-HAWTHORN ASSETS, (v) STATEMENTS OR CONDUCT OF ANYONE ON OR RELATING TO eMONEY, (vi) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY HAWTHORN ACCOUNT OR NON-HAWTHORN ASSETS, EVEN IF YOU HAVE BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF ANY OF THE FOREGOING IS BY US OR OUR SERVICE PROVIDERS AS YOUR AGENT, OR (vii) ANY OTHER MATTER OR LIABILITY RELATING TO eMONEY. DAMAGE EXCLUSIONS IN THIS AGREEMENT AND THIS LIMITATION OF LIABILITY SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
   
   NOTWITHSTANDING ANYTHING ELSE HEREIN OR ELSEWHERE, HAWTHORN'S AGGREGATE LIABILITY FOR ANY AND ALL MATTERS ARISING FROM OR RELATED TO THIS USER AGREEMENT OR eMONEY SHALL NOT EXCEED FIVE THOUSAND DOLLARS ($5,000).



10. Acceptance of User Agreement and Changes. Your access of eMoney through Hawthorn constitutes your acceptance of this User Agreement. This User Agreement is subject to change from time to time. We will notify you of any material change by sending to you a new User Agreement. You will then be required to sign and return the new User Agreement in order to continue to use eMoney through Hawthorn. The licenses, user obligations, and authorization described herein are ongoing.



11. User Conduct. You agree not to use eMoney in any way that would: (a) appear to constitute a representation of your net worth by Hawthorn; (b) be deceptive or fraudulent, or to impersonate another person or entity; (c) violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (d) create liability for Hawthorn or its service providers or cause us to lose the services of our service provider(s); (e) access the information and content programmatically by macro or other automated means; or (f) use eMoney in such a manner as to gain unauthorized entry or access to computer systems.
    
    As a condition of Hawthorn providing access to eMoney to you, you warrant to Hawthorn that you will not use eMoney for any purpose that is unlawful or is not permitted, expressly or implicitly, by eMoney’s Terms of Service or by any applicable law or regulation. You agree that these warranties and representations will remain in full force and effect even if this User Agreement terminates for any reason.



12. Service Changes and Discontinuation. We reserve the right to suspend or discontinue your access to eMoney in our sole discretion from time to time and without liability to you or others. However, we will endeavor to give you prior notice of suspensions or discontinuances except in emergencies or when we believe in our sole discretion that prior notice might cause harm (of any nature) to us or others. You agree that we may provide that notice in the same way we provide it for amendments of the User Agreement.



13. Termination.
    1. You may terminate your participation in eMoney through Hawthorn by written notice to Hawthorn. Termination will not affect your responsibilities and our rights under this Agreement created before termination.
    2. Hawthorn reserves the right to terminate your investment management, investment consulting, investment advisory, advisory or other agency account by which Hawthorn provides investment or wealth strategy advice to you ("agency account") pursuant to the terms of the agreement governing such agency account, and to terminate your access to eMoney at any time and for any reason, including without limitation if Hawthorn, in its sole judgment, believes you have engaged in conduct or activities that violate this User Agreement, or if you provide Hawthorn with false or misleading registration information. Once your agency account with Hawthorn has terminated for any reason, you will have no further right to access eMoney through Hawthorn.



14. Other Terms. You may not assign this User Agreement. This User Agreement is entered into in Pittsburgh, Pennsylvania, and shall be governed by the laws of the Commonwealth of Pennsylvania and of the United States. A determination that any provision of this User Agreement is unenforceable or invalid shall not render any other provision of this User Agreement unenforceable or invalid.



15. Addressing Concerns. If you have any concerns about Hawthorn’s providing you with access to eMoney, please call your Hawthorn service providers. If you think a Hawthorn Account on eMoney includes incorrect information or missing information, contact the Hawthorn Advisor listed on your eMoney home page.



16. Certain Disclosures. The PNC Financial Group, Inc. (“PNC”) uses the name PNC Private Bank Hawthorn℠ ("Hawthorn") to provide investment consulting and wealth management, fiduciary services, FDIC-insured banking products and services and lending of funds through its subsidiary, PNC Bank, National Association, which is a Member FDIC, and uses the name PNC Private Bank Hawthorn to provide certain fiduciary and agency services through its subsidiaries, PNC Delaware Trust Company and PNC Ohio Trust Company. Hawthorn and PNC do not provide legal or accounting advice and neither provides tax advice in the absence of a specific written engagement for Hawthorn to do so. PNC Bank is not registered as a municipal advisor under the Dodd-Frank Wall Street Reform and Consumer Protection Act.

“PNC Private Bank Hawthorn” is a service mark of The PNC Financial Services Group, Inc.
Investments: Not FDIC Insured. No Bank Guarantee. May Lose Value.