The “Service” means eMoney's Wealth Management System.

"Consumer" means a consumer customer of the Service who is authorized to use the Service, each of whom has authorized Consumer identification codes and passwords to access the Service. 

“Consumer site” means those aspects of the Service intended for access and use by Consumers. 

“eMoney” means eMoney Advisor, LLC.

This Terms of Use (this "Agreement") is made by and between Cambridge Investment Research, Inc., and Cambridge Investment Research Advisors, Inc. (collectively “Cambridge”) and Consumer. This Agreement sets forth the general terms and conditions of Consumer’s access to and use of the Service. By clicking "I Accept" on the Service and/or Consumer Site (as defined below), Consumer agrees to all of the terms and conditions of this Agreement. 

CONSUMER ACKNOWLEDMENT

  • Consumer acknowledges and agrees that this Agreement is between Cambridge and Consumer.  Consumer enters into this Agreement with Cambridge and uses the Service subject to the terms and conditions herein. By accepting this Agreement and using the Service, Consumer acknowledges and agrees that Consumer’s sole source of remedies against Cambridge regarding the Service are set forth herein.

    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 Cambridge may change the terms and conditions applicable to use of the Service at any time, and Cambridge will obtain Consumer's agreement to such changed terms and conditions as required by law. The Service is at all times subject to this Agreement then in effect; should Consumer refuse to accept the current Agreement, Cambridge will immediately terminate Consumer’s access to and use of the Service. 

    Access and Use the Service  During the term of and subject to the terms and conditions of this Agreement, Consumer may access and use 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:

  • Consumer’s access to and use of the Consumer Site is at all times subject to authorization from the Cambridge. Cambridge may at any time, in Cambridge’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 Cambridge. 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).

  • The Consumer Site is provided solely as a convenience to Consumer.* Neither Cambridge nor the Consumer Site provides any advice regarding insurance or securities or any other financial planning or other financial advice. 

  • As between Consumer and Cambridge, 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 to 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.

  • Cambridge does not guarantee or warrant that any part of the Service is free of viruses or other harmful code. Consumer must take appropriate precautions, such as use of an anti-virus software package, to protect his or her computer hardware and software.

  • Consumer 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. 

  • Consumer shall be solely responsible for safeguarding his or her login credentials such as Consumer Name and Password. Consumer must immediately notify Cambridge if his or her login credentials are compromised. Cambridge has no liability for any loss, claim, or other damages that result from unreported, unauthorized use of Consumer's login credentials.

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, Consumer understands and agrees that: 

  • The aggregation function is not available for all types of accounts and/or for all financial institutions. 

  • 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. Cambridge has no control over Consumer’s third party financial accounts.

  • 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 provide eMoney's third party aggregation vendor with the necessary login credentials to access the Outside Account such as Consumer name and password.

  • 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 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 Cambridge 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 Cambridge 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 CAMBRIDGE OR ON BEHALF OF THE THIRD PARTY THAT OPERATES THE THIRD PARTY SITE. 

  • Cambridge is not responsible for any acts, errors, or omissions by eMoney or the financial institutions at which Consumer maintains an Outside Account, or for the accuracy of the information provided by such institutions.

  • Cambridge, at Cambridge’s sole discretion, may group Consumer(s) data with other Consumer(s) data. Once Consumers data are grouped together Cambridge, certain eMoney technology and service partners* 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 Cambridge 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.

  • Consumer acknowledges and understands that eMoney makes all Consumer data information concerning you available to its technology and service partners who have contracted with your advisor to provide services to your advisor. These technology and service partners’ services to you advisor may include, but are not limited to, customer relationship management software, risk analysis tools, investment research, client communications services and custodial services.  

  • The Consumer Site is not a replacement for account statements provided by custodians of applicable 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 Cambridge or otherwise may terminate the Connections or Consumer’s access thereto at any time without notice to Consumer.
     

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, (a) Consumer may either upload the file to a private Vault folder to which the Consumer may have access, (b) a Consumer may upload the files to a shared folder to which the Cambridge has granted Consumer access or (c) a Consumer may provide a copy of the file to the Cambridge 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. Cambridge 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 Cambridge has added and that any addition, deletion, modification, or organization of Consumer's such files in the Vault must be processed through the Cambridge.  Consumer understands and agrees that:

  • For each file stored in the Vault, Consumer represents and warrants to Cambridge that Consumer lawfully possesses such file and has the authority to upload or have the file uploaded, stored and made retrievable to and from the Vault.

  • Consumer is solely responsible for the use and content of any file that Consumer uploads into or accesses from the Vault, including files provided by third parties (including, without limitation, your broker-dealer, your broker-dealer’s service providers and your 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. Consumer agrees not to use the Vault to store any file or information that is unlawful, offensive, indecent, or otherwise actionable by any third party.

  • Cambridge disclaims any ownership rights to or liability for the files (or the contents thereof) uploaded to the Vault by Consumer.

  • Cambridge is not responsible for any use or dissemination of Consumer's files by any third parties to whom Consumer grants authorization to view his or her files.

  • The file storage function is provided to Consumer as a convenience and may be discontinued by Cambridge at any time.

  • Consumer should not rely on the Vault as Consumer’s storage system for files; Consumer should always retain a copy of Consumer files outside of the Vault.  Consumer is responsible for retaining originals or copies of the files he or she chooses to store in the Vault as Cambridge does not guarantee the contents of the Vault will be available to the Consumer or that the Vault will always be offered as a service.
    Alliance Partners  In addition to the Consumer roles of Cambridge, eMoney and Consumer, the Service also provides a Consumer 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.


Cambridge 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: 

  • Alliance Partner usage is arranged solely through Cambridge and your advisor including the creation and assignment of the Alliance Partner’s login credentials. It is the responsibility of Consumer to determine whether and for how long to allow any Alliance Partner to access Consumer’s information. 

  • Consumer may include a specific Alliance Partner by requesting Cambridge to add Alliance Partner to the Service.  Cambridge may in its sole and absolute discretion grant or deny any request of Consumer to add any Alliance Partner.

  • Unless and until the Cambridge 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 Cambridge 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.

  • The Alliance Partner function is provided to Consumer as a convenience and may be terminated by eMoney and/or Cambridge at any time.

 

Other Terms and Conditions 

Consumer may terminate use of the Service at any time by contacting the Cambridge. 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 Cambridge 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.

Cambridge 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 Cambridge or eMoney. eMoney provides these links and/or videos for Consumer's convenience and may be removed at any time. Cambridge does not investigate the quality, accuracy or completeness of any content on third party websites. Consumer acknowledges and agrees that Cambridge 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. 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.

YOUR USE AND BROWSING OF THE SERVICE IS AT YOUR RISK. NEITHER CAMBRIDGE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE IS PROVIDED TO YOU AS IS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. CAMBRIDGE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT. NEITHER CAMBRIDGE NOR ITS AFFILIATES, INCLUDING THIRD PARTY DEVELOPERS, MAKES ANY PROMISE THAT THE SERVICES PROVIDED BY THIS SITE WILL BE USEFUL IN ANY WAY, OR THAT RESULTS WILL BE ACCURATE, OR THAT THE SITE OR SERVICES PROVIDED ON THE SITE WILL OPERATE ON AN ERROR-FREE BASIS. IF YOU DOWNLOAD ANY OF THE MATERIAL FROM THIS SITE TO YOUR OWN SYSTEMS, CAMBRIDGE AND ITS AFFILIATES, INCLUDING THIRD PARTY DEVELOPERS, ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR SYSTEMS OR LOSS OF DATA THAT MAY ARISE FROM ANY ACCESS OR USE OF THE MATERIAL. CAMBRIDGE AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR, AND SHALL NOT BE LIABLE FOR, ANY DAMAGE TO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY, OR VIRUSES THAT MAY INFECT IT, DURING OR BECAUSE OF YOUR ACCESS TO, USE OF, OR BROWSING THE SITE OR SERVICES PROVIDED ON THIS SITE, OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE.

IF THE FOREGOING DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY IS HELD TO BE UNENFORCEABLE, CONSUMER AGREES THAT CAMBRIDGE'S LIABILITY TO CONSUMER, WHETHER IN TORT, CONTRACT OR OTHERWISE, FOR ALL CAUSES SHALL NOT EXCEED IN THE AGGREGATE $500. 

You will not use the Site or the Services provided on the Site in any manner, or in connection with any content, data, hardware, software or other materials provided by or on behalf of you, or any person accessing the Site under your authority, that (1) infringes upon or violates any patent, copyright, trade secret, trademark, or other intellectual property right of any third party, or (2) violates any applicable international, federal, state, or local law, rule, legislation, regulation of ordinance, including, without limitation, the Communications Decency Act of 1996, as amended. 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 access to and use of the Service shall be governed by the laws of the United States of America and the state of Iowa 

All claims, controversies or disputes between the parties which arise out of or relate in any way to this agreement or a breach hereof and which the parties are unable to resolve informally shall be submitted to binding arbitration. When required by Financial Industry Regulatory Association ("FINRA") Rule 13200, such arbitration shall be in accordance with and subject to the rules of FINRA. When a dispute is not required by FINRA Rule 13200 to be arbitrated before FINRA, then such arbitration shall be in accordance with and subject to the Commercial Arbitration Rules of the American Arbitration Association ("AAA"). Arbitration shall be conducted by a single arbitrator unless otherwise agreed upon by the parties. Arbitration shall take place in Des Moines, Iowa and the arbitrator(s) shall adhere to the laws of the State of Iowa. The parties shall pay the costs of any arbitration held pursuant to this section as the arbitrator(s) may direct. Arbitration shall be final and binding on the parties and judgment may be entered upon the award and may be enforced by appropriate judicial action in any state or federal court having jurisdiction thereof. 

In the event that a controversy is not resolved through arbitration, the parties hereby waive any right to a trial by jury in any action or proceeding to enforce or defend any rights under this Agreement and any other agreement delivered or which may in the future be delivered in connection herewith or therewith, and agree that any such action or proceeding shall be tried before a court and not before a jury. 

This agreement to arbitrate does not entitle the parties to obtain arbitration of claims that would be barred by the relevant statute of limitations if such claims were brought in a court of competent jurisdiction. If at the time a demand for arbitration is made or an election or notice of intention to arbitrate is served, the claims sought to be arbitrated would have been barred by the relevant statute of limitations or other time bar, any party to this agreement may assert the limitations as a bar to the arbitration by applying to any court of competent jurisdiction, and the parties expressly agree that any issues relating to the application of a statute of limitations or other time bar are referable to such a court. The failure to assert such bar by application to a court, however, shall not preclude its assertion before the arbitrators. The parties understand that this agreement to arbitrate does not constitute a waiver of the right to seek a judicial forum where such waiver would be void under the federal securities laws.

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 will continue to apply until terminated by either the Consumer, eMoney or Cambridge in accordance with this Agreement and/or the prevailing agreement in place between the Cambridge and eMoney. This Agreement may not be modified or amended without the prior written consent of Cambridge. Cambridge may modify this Agreement from time to time. Any and all changes to this Agreement may be provided to Consumer by electronic means. In addition, the Agreement will always indicate the date it was last revised. Consumer is deemed to accept and agree to be bound by any changes to the Agreement when using the Service after those changes are posted. 


See link to the Cambridge Privacy Policy.