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.
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 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:
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:
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.