This Terms of Service Agreement (this “Agreement”), is entered into on this date above (the “Effective Date”) by and between eMoney Advisor, LLC, a Delaware limited liability company (“eMoney”), and the above named individual (the “Student”). By signing this Agreement, Student agrees to and accepts each of the terms, conditions and provisions of this Agreement.
1. Certain Definitions.
means the Student’s non-commercial use of the eMoney Program for the purpose of learning to use the financial advisory tools provided by eMoney.
means eMoney’s emX Pro online services and user documentation, according to the electronic order specifications, provided by eMoney for Student use.
“Intellectual Property Rights”
means patent rights (including, without limitation, patent applications and disclosures), copyrights, trade secrets, know-how, trademarks and any other intellectual property rights recognized in any country or jurisdiction in the world.
means a student attending the Educational Institution listed above and authorized by the Educational Institution to use the eMoney Program.
2. Use of the eMoney Program.
2.1 Availability of eMoney Program. Subject to the terms and conditions of this Agreement, eMoney shall make the eMoney Program available for use by the Student consistent with this Agreement. Each Student will be assigned a unique username-password combination by eMoney to access and use the eMoney Program.
2.2 Access. The Student shall use the eMoney Program exclusively for the Educational Purpose. Specifically, the Student shall not use the eMoney Program to provide financial advice, or access or use any personal information belonging to a third party while using the eMoney Program. The Student shall not permit any other person or entity to gain access to or use the eMoney Program unless such a person is authorized by the Educational Institution and eMoney. The Student shall not attempt to interfere with or disrupt the eMoney Program or attempt to gain unauthorized access to any other services, systems, or networks owned, maintained, or operated by eMoney or its vendors. The Student shall not: (a) copy, modify or distribute any portion of the eMoney Program; (b) transfer any of its rights under this Agreement; (c) disassemble or reverse engineer the eMoney Program; or (d) translate or migrate the eMoney Program into another format, language, or hardware platform. eMoney reserves the right to disable access to the eMoney Program for any Student who eMoney has reason to believe is using, or gaining access to, the eMoney Program in violation of this Agreement.
3. Intellectual Property. The Student hereby acknowledges that, as between the parties, eMoney and its licensors own all right, title and interest in and to the eMoney Program and any related documentation, and all Intellectual Property Rights therein or relating thereto (collectively the
). eMoney hereby grants to each Student, during the Term, a non-exclusive, non-transferable license to access and use eMoney Materials in connection with use of the eMoney Program in accordance with this Agreement.
5. Termination. This Agreement shall become effective on the Effective Date, and will continue until terminated by either party. eMoney may terminate this Agreement immediately if the Student uses the eMoney Program in any manner in violation of this Agreement. eMoney may otherwise terminate for any reason upon fifteen (15) days’ notice. Student shall cease using the eMoney Program promptly upon termination of this Agreement.
6. Survival and Waiver. Sections 1, 3, 4, 5, 6, 7, 8, and 9 shall survive termination of this Agreement. Waiver by either of the parties of any failure by the other party to keep or perform any covenant or condition of this Agreement shall be deemed a complete waiver of that covenant or condition. In the event any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect.
7. Limitation of Liability. Neither Student nor eMoney shall be liable for any indirect, exemplary, punitive, or consequential damages. Liability for direct damages shall not exceed one hundred dollars ($100).
8. Disputes and Governing Law. This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania, without reference to conflicts of laws principles of any jurisdiction; any action relating to this agreement shall be filed in Montgomery County, Pennsylvania.
8. Successors and Assigns. eMoney may assign this Agreement, in whole but not in part, without the consent of the Student.
9. Entire Agreement. This Agreement, together with the exhibits, appendices and attachments hereto, constitutes the complete and exclusive agreement between the parties concerning its subject matter and supersedes all prior or contemporaneous agreements or understandings, written or oral, concerning the subject matter of this Agreement, including without limitation any Terms of Services on the eMoney Program web sites. This Agreement may only be modified or amended (a) in a writing signed by a duly authorized officer or individual of each party, or (b) the Student’s online acceptance of any updated version of this Agreement, or (c) by the Student’s continued use of the eMoney Program after this Agreement has been updated by eMoney.