PLEASE READ THESE VALIC FINANCIAL ADVISORS’ END USER TERMS FOR THE USE OF THE EMONEY PLATFORM (THESE “END USER TERMS”) CAREFULLY. THESE END USER TERMS ARE ENTERED INTO BY AND BETWEEN YOU (“YOU” OR “YOUR”) AND VALIC FINANCIAL ADVISORS, INC. (“VFA,” “WE,” “US,” “OUR”) AND GOVERN YOUR USE OF EMONEY’S WEALTH MANAGEMENT SYSTEM (THE “SERVICE”), A SOFTWARE AS A SERVICE FINANCIAL PLANNING PLATFORM OWNED BY EMONEY ADVISOR, LLC (“EMONEY”), WHICH VFA IS MAKING AVAILABLE TO ITS USERS (AS DEFINED BELOW). EMONEY IS A THIRD-PARTY BUSINESS ENTITY AND IS NOT AFFILIATED WITH VFA OR ANY OF VFA’S AFFILIATES, PARENT COMPANIES, OR SUBSIDIARIES. BY CREATING AN ACCOUNT TO ACCESS THE SERVICE, BY ACCESSING AND/OR USING THE SERVICE, OR BY OTHERWISE INDICATING YOUR ACCEPTANCE OF THESE END USER TERMS (INCLUDING BY CHECKING A BOX INDICATING SUCH ACCEPTANCE OR SELECTING “I ACCEPT”), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THESE END USER TERMS, ARE BOUND BY THESE END USERS TERMS, AND HEREBY AGREE TO THE TERMS AND CONDITIONS SET FORTH HEREIN. IF YOU DO NOT ACCEPT ALL THE TERMS AND CONDITIONS HEREIN, DO NOT USE OR ACCESS THE SERVICE. THESE TERMS ARE ENTERED INTO FOR THE BENEFIT OF VFA AND ITS AFFILIATES, EACH OF WHOM MAY ENFORCE THE TERMS AGAINST YOU.
VFA reserves the right, at our sole discretion, to change or modify all or portions of these End User Terms at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new End User Terms.
FOR END USERS (AS DEFINED BELOW), READ THESE END USER TERMS CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT END USERS SUBMIT CLAIMS YOU HAVE AGAINST VFA TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST VFA ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST VFA RESOLVED BY A JURY OR IN A COURT OF LAW.
I. Access and Use of the Service
a. Users. VFA is making the Service available to Users (as defined below) solely for the purposes set forth in Section I(b) below. For purposes of these End User Terms, the following terms shall have the following meanings:
i. “Advisor” shall mean a financial professional currently registered with the United States Securities and Exchange Commission as a “Registered Investment Adviser” and with FINRA as a “Registered Representative” to provide Financial Planning Services on behalf of VFA.
ii. “Support User” shall mean personnel of VFA authorized by VFA to use the Service in a non-Advisor role to provide support to other Users.
iii. “End User” shall mean a prospective or current client of VFA who is receiving, or desires to obtain more information about receiving Financial Planning Services from a VFA Advisor.
iv. “Users” shall mean collectively the Advisors, Support Users, and the End Users.
v. “Financial Planning Services” shall mean the advice and guidance provided by an Advisor to an End User regarding potential financial and investment decisions and actions, including suggestions regarding financial products and services.
b. Permitted Use.
i. Only Users that are authorized by VFA may access the Service. Users hereby agree that they will only access and use the Service for the following permitted purposes (respectively).
1. End Users. If you are an End User, you are permitted to access the Services to input and provide your financial information to Advisors in connection with receiving, or obtaining more information about receiving, Financial Planning Services.
2. Advisors and Support Users. If you are an Advisor, you are permitted to access the Service solely in your capacity as a VFA financial professional to review the financial information that an End User inputs into the Service in connection with providing Financial Planning Services. If you are a Support User, you are permitted to access the Service to provide administrative and/or ministerial support to the End User or Advisors, but you are strictly prohibited from providing any Financial Planning Services.
ii. As a User, you may be subject to other agreements with VFA and its affiliates. These End User Terms apply only to use of the Service and do not change or alter any other contract or agreement between you and VFA and/or its affiliates. Please refer to your account documentation or contact a VFA financial professional for more information. Advisors and Support Users hereby agree to continue to comply with all applicable policies, standards and Code of Conduct of VFA and its affiliates, in connection with your use of the Service, which shall be deemed Additional Terms.
iii. End Users may only access the Service through their account set up by VFA for so long as they remain a customer of VFA. Advisors and Support Users may only access the Service through their VFA account for so long as they remain VFA personnel. You hereby agree to cease access or use of the Service through your VFA account once you are no longer permitted to access the same.
c. Financial Planning and Investment Advice.
i. You understand that through the use of Service you may receive a financial plan, but you will not receive other Financial Planning Services. A financial plan made available via the Service is not intended to be investment advice. If you would like to engage VFA for investment advisory services and other Financial Planning Services related to your financial plan or other services, those Financial Planning Services will be provided by VFA separately pursuant to a separate agreement between the End User and VFA. These End User Terms do not apply to any investment advisory services provided by VFA or any other investment adviser, broker-dealer, insurance agency or any other financial services provider.
ii. For additional information about investment advisory services offered by VFA, please consult the VFA Form ADV brochures at https://www.corebridgefinancial.com/rs/prospectus-and-reports/vfa-form-adv-materials.
iii. Any financial planning services offered by eMoney through the Service is made solely by eMoney and at its own risk. VFA does not warrant or make any representations about the quality or accuracy of the financial planning services provided by eMoney, and hereby disclaims any liability or responsibility for any financial planning services provided by eMoney to you.
e. Account, Password and Security. You are responsible for maintaining the confidentiality of your account details and are fully responsible for any and all activities that occur under your account. You agree to (i) immediately notify VFA and eMoney of any unauthorized use of your account or any other breach of security, and (ii) ensure that you exit from your account at the end of each session when accessing the Service. VFA will not be liable for any loss or damage arising from your failure to comply with this Section.
f. Modifications to Service. VFA reserves the right to modify or discontinue, temporarily or permanently, your access to the Service (or any part thereof) with or without notice, and You agree that VFA will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service (whether by VFA or eMoney).
g. General Practices Regarding Use and Storage. You acknowledge that eMoney may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on eMoney’s servers on your behalf. You agree that VFA has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that VFA and/or eMoney reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that VFA reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
II. Conditions on Use
b. User Conduct. You are solely responsible for all information, data, text, code, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email, message, or otherwise use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by VFA in connection with your use of the Service. VFA reserves the right to investigate and take appropriate legal action against anyone who, in VFA’s sole discretion, violates this provision, including without limitation, requesting eMoney to remove the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:
i. email, message, or otherwise upload any content that (A) infringes any intellectual property or other proprietary rights of any party; (B) you do not have a right to upload under any law or under contractual or fiduciary relationships; (C) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (D) poses or creates a privacy or security risk to any person; (E) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (F) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (G) in the sole judgment of VFA, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose VFA or its users to any harm or liability of any type;
ii. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
iii. violate any applicable local, state, national or international law, or any regulations having the force of law;
iv. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
v. solicit personal information from anyone under the age of 18;
vi. further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
vii. obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
III. Grant of Rights by End User
a. Data Use. You hereby authorize and request VFA and its affiliates to share your name, email address and any other personal information reasonably required with eMoney in order to create your account (or for eMoney to send you an invitation to create your account) in connection with your use of the Service. Additionally, if you are an End User and you already have investments with VFA or its affiliates or have otherwise provided VFA with certain information about your investable assets, you hereby agree that VFA may provide such investable assets and related information to eMoney to be input into your eMoney account. In consideration of VFA following your instructions to provide the information above to eMoney, you acknowledge and agree that VFA and its affiliates have no responsibility or liability for information transmitted to eMoney (as further described in Sections IX and X below). You acknowledge that eMoney is a third party and that, upon transmission of your personal information, VFA and its affiliates will no longer control the personal information or other data about you that is transmitted to eMoney. This authorization supersedes any previous limitations with respect to the information above and will remain in effect until revoked by you by a written notice sent to VFA by contacting your Advisor. Notwithstanding, such revocation shall not affect any liability for transfers transmitted before seven (7) business days after VFA and its affiliates receives actual notice of the revocation.
b. User Content. With respect to the content or other materials you upload through the Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to (or have sufficient rights to) such User Content, including, without limitation, all copyrights and rights of publicity contained therein. By uploading any User Content you hereby grant, and will grant eMoney and its affiliated companies, a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service, including with respect to End Users, the right to permit Advisors to access the User Content in connection with providing Financial Planning Services; and if you are an End User, you hereby agree that you grant the Advisors the right to access, copy, display, distribute, store, modify and otherwise use your User Content in connection with providing you the Financial Planning Services.
IV. Intellectual Property
a. Service Content, Software and Trademarks.
ii. VFA’s name and logos are trademarks and service marks of VFA (collectively the “VFA Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners, including eMoney, who may or may not endorse or be affiliated with or connected to VFA or eMoney. Nothing in these End User Terms or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of VFA Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of VFA Trademarks will inure to our exclusive benefit.
b. Third Party Material. Under no circumstances will VFA be liable in any way for any content or materials of any third parties (including Users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. VFA and its designees will have the right to request eMoney to remove any content that violates these End User Terms or is deemed by VFA, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content, including content provided by you for the Services.
c. Feedback. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service or the use of the Service by VFA or its Advisors in connection with providing Financial Planning Services (“Submissions”), provided by you to VFA are non-confidential and VFA will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
d. Retention of User Content. You acknowledge and agree that VFA may preserve User Content and may also disclose User Content if required to do so by applicable law, rule or regulation including, without limitation, record retention requirements of various securities regulators or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these End User Terms; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of VFA or eMoney and the public.
e. Third Party Websites. The Service may provide, or third parties may provide, links or other access to other sites, mobile applications and resources on the Internet. VFA has no control over such sites and resources and VFA is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that VFA will not be responsible or liable (directly or indirectly) for, and expressly disclaims any liability for, any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that VFA is not liable for any loss or claim that you may have against any such third party.
VI. Disclaimers; Release of Liability
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. VFA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. VFA MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE SERVICE OR THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE, RELIABLE OR COMPLETE, OR (IV) THE QUALITY OR SUITABILITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
b. EMONEY IS NOT AFFILIATED WITH VFA OR ITS AFFILIATES, AND NEITHER VFA NOR ITS AFFILIATES ARE RESPONSIBLE FOR THE CONDUCT OF EMONEY OR ANY OF ITS USERS, INCLUDING WITH RESPECT TO ANY PERSONAL INFORMATION OR OTHER INFORMATION YOU REQUEST OR PERMIT VFA OR ITS AFFILIATES TO TRANSMIT TO EMONEY.
c. NEITHER VFA NOR ITS AFFILIATES WARRANT THAT THE SERVICE IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. VFA AND ITS AFFILIATES CANNOT AND DO NOT GUARANTEE THAT ANY INFORMATION, PERSONAL OR OTHERWISE, SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.
d. VFA EXPRESSLY DISCLAIMS ANY LIABILITY THAT MAY ARISE THROUGH USE OF THE SERVICE.
VII. Limitation of Liability
a. YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER VFA NOR ITS AFFILIATES WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF VFA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL VFA’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID VFA IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
b. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE END USER TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
c. IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
VIII. Dispute Resolution by Binding Arbitration. END USERS PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS. This Section XII shall only apply to End Users. Any controversy or claim arising out of or relating to this Agreement or the breach thereof, or relating to VFA’s investment advisory business, as described herein, shall be settled by arbitration administered by the American Arbitration Association. Arbitration is final and binding on the parties and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Arbitration must be commenced by service upon the other party of a written demand for arbitration or a written notice of intention to arbitrate. Any claims brought by you must be brought in an individual capacity, not as a class member in any representative proceeding. By agreeing to this arbitration agreement, you do not waive any rights you may have under any applicable state and federal securities law.
In agreeing to arbitration, the parties understand that:
- Arbitration is final and binding on the parties
- The parties are waiving their right to seek remedies in court, including the right to jury trial
- Pre-arbitration discovery is generally more limited than and different from court procedures
- The arbitrator(s)’ award is not required to include factual findings or legal reasoning and any party’s right to appear or to seek modification of rulings by the arbitrator(s) is strictly limited
- Where more than one arbitrator is appointed, the panel of arbitrators typically may include a minority of arbitrators who are or were affiliated with the securities industry
- The parties may be required to pay costs in connection with the arbitration and the arbitrator(s)’ award may include an award of attorney’s fees
The arbitration shall be conducted pursuant to the American Arbitration Association’s Commercial Arbitration Rules, together with its Securities Arbitration Supplementary Procedures, then in effect, and may occur before a panel of one or three arbitrators in accordance with those rules.
X. Miscellaneous. These End User Terms constitute the entire agreement between you and VFA and govern your use of the Service, superseding any prior agreements between you and VFA with respect to the Service. These End User Terms will be governed by the laws of the State of New York without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and VFA agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within New York, NY. The failure of VFA to exercise or enforce any right or provision of these End User Terms will not constitute a waiver of such right or provision. If any provision of these End User Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these End User Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these End User Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these End User Terms without the prior written consent of VFA, but VFA may assign or transfer these End User Terms, in whole or in part, without restriction. In addition, VFA may subcontract or delegate to other parties (including affiliates) its rights and obligations under these End User Terms. The section titles in these End User Terms are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these End User Terms or other matters by displaying notices or links to notices generally on the Service.
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