eSyFi Terms of Service
Last Modified: July 1, 2018
Please read eSyFi Terms of Service (this “Terms of Service”) carefully. You need to accept these Terms of Service to use the eSyFi platform.
These Terms of Service are by and between SYFI, LLC, an Oregon limited liability company (“SyFi” or “we”), and you, the person registering to use eSyFi (“Member” or “you”). eSyFi (“eSyFi”) is an online Software-as-a-Service platform provided by SyFi, LLC, designed to help its users organize various financial aspects of their life. eMoney Advisor, LLC, is a Delaware limited liability company (“eMoney”) that owns a Wealth Management System that you will access through eSyFi. These Terms of Service set forth the general terms and conditions of your access to and use of eMoney’s Wealth Management System through eSyFi.
1. Acceptance of Terms of Service
By clicking “I Accept” below, you
(a) acknowledge that you have read and understands these Terms of Service;
(b) represents that you are 18 years of age or older; and
(c) verify that you voluntarily agree that you are legally bound by these Terms of Service.
2. Changes to the Terms of Service
You acknowledge that, as eSyFi and eMoney’s Wealth Management System change, SyFi may require you to agree to additional terms and conditions in order to continue to access eSyfi. SyFi may revise and update these Terms of Service from time to time in its sole discretion. All changes are effective immediately when SyFi posts them and apply to all of your access to and use of eSyFi thereafter.
Your continued use of eSyFi following the posting of revisions or updates to these Terms of Service means that you accept and agrees to the changes. You should discontinue use of eSyFi if you do not agree to the revisions or updates. SyFi has the right to immediately terminate any Member’s access to and use of eSyFi if Member does not accept the revisions and updates.
If you refuse to accept the revised Terms of Service, SyFi has the right to immediately terminate your access to and use of eSyFi, without liability.
3. Privilege to Access and Use eSyFi; Limitations on Use
During the term of and subject to the terms and conditions of these Terms of Service, you may access and use those aspects of eSyFi intended for your access and use. You will not:
(1) access or use eSyFi for any purposes other than personal use;
(2) access or use eSyFi in any unlawful manner; or
(3) access or use eSyFi in any manner that is in violation of these Terms of Service.
You understand, acknowledges and agree that:
- SyFi has authorized you to access and use eSyFi. SyFi may at any time, in its sole discretion, terminate such authorization. Upon notification that SyFi has terminated its authorization of your use of eSyFi, eMoney may immediately terminate your access and use of eSyFi without notice.
- eSyFi is not a replacement for account statements provided by custodian(s) of your financial accounts. It is important for you to compare the information in eSyFi with the statements you receive from the custodian(s) of your account(s).
- SyFi and eMoney retain the right to establish practices and/or limits in connection with eSyFi, including but not limited to establishing maximum disk space allotted to your information and files stored on eMoney’s servers.
- eSyFi is provided solely as a convenience to you.
- Acceptance of these Terms of Service and use of eSyFi does not make you an advisory customer of SyFi. SyFi does not provide professional advice such as investment, tax, legal or other financial advice through eSyFi, and eSyFi does not provide such advice. Financial advice includes financial planning, wealth management services, investment or securities advising services, financial consulting services, insurance services, or other services that may be offered by SyFi. You and SyFi will execute a separate agreement in the event you would like SyFi to provide one or more of these services or any other financial advising services.
- You are solely responsible for all financial planning and financial decisions you make, whether made in connection with use of eSyFi or otherwise.
- SyFi is not providing services as a broker-dealer or access to brokerage accounts through these Terms of Service. You may access brokerage accounts through your broker-dealer’s website. Any transactions you initiate in such brokerage accounts are processed through the broker-dealer where your account is custodied, not SyFi.
- SyFi is not liable for any information you receive through eSyFi regardless of whether you relied on such information for any financial decision. You are responsible for all of your financial decisions.
- SyFi does not guarantee or warrant that any part of eSyFi is free of viruses or other harmful code. You must take appropriate precautions, such as use of an anti-virus software package, to protect computer hardware and software.
- You are responsible for obtaining your own hardware, software, and services (such as computers, web browsers and Internet access service) necessary to access and use eSyFi and for payment of all fees involved in obtaining such hardware, software, and services.
- You shall be solely responsible for safeguarding login credentials such as User Name and Password. You must immediately notify SyFi if the login credentials are compromised. SyFi has no liability for any loss, claim, or other damages that result from unreported and/or unauthorized use of your login credentials.
4. Prohibited Uses
You may use eSyFi only for lawful purposes and in accordance with these Terms of Service. You agree not to use eSyFi:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm anyone, including but not limited to minors or other vulnerable persons, in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To impersonate or attempt to impersonate SyFi, a SyFi employee, another Member, or any other person or entity.
- To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of eSyFi.
- To engage in any other conduct that, as determined by SyFi, may harm SyFi, eSyFi, eMoney Advisor, other Members of eSyFi, or expose any of the previously listed entities or groups to liability.
Additionally, you agree not to:
- Use eSyFi in any manner that could disable, overburden, damage, or impair eSyFi or interfere with any other party’s use of eSyFi.
- Use any robot, spider, or other automatic device, process, or means to access eSyFi for any purpose, including monitoring or copying any of the material on eSyFi.
- Use any manual process to monitor or copy any of the material on eSyFi or for any other unauthorized purpose without SyFi’s prior written consent.
- Use any device, software, or routine that interferes with the proper working of eSyFi.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of eSyFi, the server on which eSyFi is stored, or any server, computer, or database connected to eSyFi.
- Attack eSyFi via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of eSyFi.
5. Intellectual Property Rights
eSyFi is owned by SyFi and is protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms of Service permit you to use eSyFi for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on eSyFi, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
You must not:
- Modify copies of any materials from this site.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of eSyFi, or any services or materials available through the eSyFi.
No right, title, or interest in or to eSyFi or any content on the eSyFi is transferred to you, and all rights not expressly granted are reserved by its owners and licensors.
6. Account Aggregation Service
eSyFi currently provides an Account Aggregation Service that allows you to view, in a single location on eSyFi, consolidated financial information from such accounts that you maintain at various financial institutions as you may designate from time to time (“Outside Accounts”).
To use the Account Aggregation Service, you understand and agrees that:
- The function is not available for all types of accounts and/or for all financial institutions. As such, SyFi’s intention is to make available to you the ability to aggregate such types of accounts at such financial institutions as may then be available on eSyFi in eMoney’s sole discretion.
- Financial institutions change their web sites from time to time. As a result, an Outside Account that was available may cease to be available to eSyFi. SyFi has no control over this situation and has no obligation to restore the availability of the Outside Account on eSyFi.
- You are responsible for designating the Outside Accounts information that you desire to aggregate.
- For each available Outside Account that you desire to aggregate on eSyFi, you must provide eMoney’s third-party aggregation vendor with the necessary login credentials to access the Outside Account such as username and password. You will provide this information through such function and process as eMoney may determine from time to time.
- eMoney will access the web site 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.
- You grant eMoney authority, with respect to each Outside Account designated for aggregation, to
(a) use the login credentials for such Outside Account in order to access the account information within such Outside Account;
(b) retrieve the account information within the Outside Account; and
(c) store the Outside Account information so retrieved and display such information to you and SyFi via eSyFi.
- For each Outside Account designated for aggregation, you represent and warrant to SyFi that
(d) You are the legal owner of the Outside Account and/or has the authorization, such as power of attorney, of the legal owner of the Outside Account to access the Outside Account;
(e) You have the right to disclose login credentials for such Outside Account; and (3) you have the right to grant SyFi the foregoing authorization.
- SyFi is not responsible for any acts, errors, or omissions by the financial institutions at which you maintain an Outside Account, or for the accuracy of the information provided by such institutions.
- SyFi may group you with other Members at its sole discretion. Once Members are grouped, SyFi and any Alliance Partner (as defined below) may have access to view all information available to Member through eSyFi which may include, but is not limited to Member’s name, address, account numbers, all accounts viewable in eSyFi, including account information for accounts provided by SyFi or by Member through the Account Aggregation Service and all files in the Member’s Vault (as defined below). By using eSyFi, you consent to such features.
- eSyFi is not a replacement for account statements provided by custodians of your Outside Account(s). It is important to compare the information on eSyFi with the statements you receive from the custodian(s) for your Outside Account(s).
- SyFi may terminate the Account Aggregation Service at any time without notice to you.
7. The Vault
SyFi currently provides a service known as the Vault which allows you to store and retrieve electronic files on eSyFi. To add a file to the Vault, you may either:
(a) upload the file to a private Vault folder to which you may have access,
(b) upload the file to a shared folder to which SyFi has granted you access, or
(c) provide a copy of the file to SyFi if that document is to be added to a folder contained in the Vault other than your private or shared folders to which you may have access.
SyFi may help you with uploading files to the Vault and organizing your files in the Vault into separate electronic “folders.” You understand and agrees that you may have “view only” access to materials in the Vault, and that any addition, deletion, modification or organization of your files in the Vault may require processing through SyFi.
You understand and agree that:
- For each file stored or retrieved in the Vault, you represent and warrants to SyFi that you lawfully possess such file and has the authority to upload or have the file uploaded, stored and made retrievable to and from the Vault.
- You are solely responsible for the use and content of any file that you provide or retrieve for inclusion in the Vault, including files provided by third parties (including, without limitation, your broker-dealer, your broker-dealer’s service providers and your custodian).
- You agree not to use the Vault to store any file or information that is unlawful, offensive, indecent, or otherwise actionable by any third party.
- SyFi disclaims any liability for the files (or the contents thereof) uploaded to the Vault.
- SyFi is not responsible for any use or dissemination of your files by any third parties to whom your grants authorization to access files.
- The Vault is provided to you as a convenience and may be discontinued by SyFi at any time.
- The file(s) retained in the Vault should not be your sole copy of such file(s).
- You are responsible for retaining originals of the file(s) you choose to store in the Vault as SyFi does not guarantee the contents of the Vault will be available to you or that the Vault will always be offered.
8. Alliance Partners
eSyFi may allow your other service providers, such as your banker, accountant or attorney (“Alliance Partners”), to access or view all of your information stored in eSyFi at your direction or SyFi’s discretion. For example, you may direct SyFi to permit your family lawyer, the Alliance Partner, to access your information in eSyFi to assist with estate planning and other needs.
You understand and agree that:
- You must arrange Alliance Partner use solely through SyFi, including creating and assigning Alliance Partner’s login credentials.
- Unless and until SyFi revokes the access privileges of an Alliance Partner, either at your direction or in SyFi’s discretion, you hereby consent to SyFi allowing such Alliance Partner to access and view any and all of your information stored in eSyFi.
- SyFi shall not be liable for any act or omission on the part of or in relation to Alliance Partners.
- SyFi provides the Alliance Partner function to you as a convenience and this function may be terminated by SyFi at any time.
9. Termination of Service
You may terminate use of eSyFi at any time by emailing SyFi at firstname.lastname@example.org with the subject: “Cancel eSyFi” or by otherwise contacting SyFi. Once you have terminated use of eSyFi, you will have no further access to eSyFi and all files retained in eSyFi may be deleted.
SyFi may modify or discontinue offering eSyFi at any time, with or without notice, for any reason or no reason.
10. Links to Third-Party Content & Embedded Videos
All provisions that logically ought to survive termination of these Terms of Service shall survive, including but not limited to Sections 12 (Disclaimers and Limitations on Liability).
12. DISCLAIMERS AND LIMITATIONS ON LIABLIITY
FOR THE PURPOSES OF THIS TERMS OF SERVICE, YOU ACKNOWLEDGE THAT SYFI DOES NOT AND WILL NOT PRACTICE FINANCIAL PLANNING, INVESTMENT ADVICE, LAW, ACCOUNTING, OR TAX PREPARATION. YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOU WILL BE RESPONSIBLE FOR OBTAINING SUCH SERVICES INDEPENDENTLY OF THIS TERMS OF SERVICE.
SYFI SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUTATIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, FOR LOSS OF GOODWILL, OR FOR EXPENDITURES MADE OR COMMITTED FOR IN RELIANCE ON THE CONTINUATION OF THIS TERMS OF SERVICE.
YOU AGREE THAT SYFI’S LIABILITY TO YOU OR TO ANY THIRD PARTY, FOR DAMAGES RELATING TO THIS TERMS OF SERVICE OR SYFI’S SERVICES PROVIDED HEREUNDER, WHETHER IN TORT, CONTRACT OR OTHERWISE, FOR ALL CAUSES SHALL NOT EXCEED IN THE AGGREGATE $100.
ESYFI 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 ESYFI, AND FREEDOM FROM ERRORS, VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS.
If any person files a claim or seeks damages from SyFi, (including its members, employees, agents or assigns), arising out of or relating to your use of eSyFi, you agree to defend SyFi and pay any amounts SyFi is required to pay, including reasonable attorneys’ fees.
14. LIMITATION ON TIME TO FILE CLAIMS
YOU MUST COMMENCE ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR USE OF ESYFI WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
If any provision of this Terms of Service is declared void, or otherwise unenforceable, such provision shall be deemed to have been severed from this Terms of Service, which shall otherwise remain in full force and effect. In the event any provision of this Terms of Service shall not be enforceable for any other reason, then said provision shall be enforced to the fullest extent permitted by law.
16. Binding Effect
These Terms of Service shall be binding upon the parties hereto and their respective successors, assigns and legal representatives.
17. Governing Law, Submission to Jurisdiction & Venue
The laws of the United States of America and the State of Oregon govern your access to and use of eSyFi. The venue for the resolution of any dispute arising out of or relating to these Terms of Service shall be Multnomah County, Oregon, United States of America.
18. Arbitration & Small Claims Court
Any dispute or claim that arises out of or that relates to these Terms of Service, or to the interpretation or breach thereof, shall be resolved by arbitration in accordance with the then effective arbitration rules of (and by filing a claim with) Arbitration Services of Portland, Inc., and judgement upon the award rendered pursuant to such arbitration may be entered in any court having jurisdiction thereof.
The parties expressly reserve the right to resolve in Small Claims Court any dispute within that court’s jurisdiction.
The headings used in these Terms of Service are for convenience only and such headings are not to be used in determining the meaning or interpretation of these Terms of Service.
20. Complete Terms of Service
These Terms of Service together with any attachments, constitutes the final, exclusive Terms of Service between the parties on the matters contained in these Terms of Service. All earlier and contemporaneous negotiations, agreements, and Terms of Service between the parties on the matters contained in these Terms of Service are expressly merged into and superseded by these Terms of Service. You may not modify or amend these Terms of Service without the prior written consent of SyFi.
All notices, requests and other communications hereunder (“Notices”) shall be in writing and shall be deemed to have been duly given if sent to the applicable party(ies) at their respective email addresses set forth below. Notice shall be effective at the time of actual receipt by the addressee or successful delivery to addressee’s email address. Notice must be marked in the subject line “eSyFi – NOTICE”.
The addresses for all Notice purposes under these Terms of Service shall be as follows:
If to SyFi: Email: email@example.com
If to Member: Email provided by Member when registering.
However, if any party designates a different address in a Notice given in the manner provided above or via an Electronic Delivery Authorization, then Notice shall be sent to the last address so designated.
No waiver of any of the terms of these Terms of Service shall be valid unless in writing and signed by the parties. No waiver by either party of any breach or default shall be deemed a waiver of any subsequent breach or default of the same or similar nature.
23. Electronic Signatures
You agree that you will execute this Terms of Service by way of electronic signature, and intend for an electronic signature, as defined below, to authenticate these Terms of Service and to have the same force and effect as manual signatures.
Electronic signature means any electronic sound, symbol, or process attached to or logically associated with a record and executed and adopted by a party with the intent to sign such record, including but not limited to clicking “I Accept”.
By clicking “I Accept”, I
(a) acknowledge that I have read and understand these Terms of Service;
(b) represent that I am 18 years of age or older; and
(c) verify that I voluntarily agree that I am legally bound to these Terms of Service.