Please carefully read the following Mobile Terms of Use ("Terms of Use") before downloading, installing, and/or using this software, including any Updates (defined below), modifications, or changes thereto (collectively, the "Application"). By downloading, installing and/or using this Application, you agree to follow and be bound by these Terms of Use, which govern your downloading, installation, and/or use of this Application.
Nothing contained in these Terms of Use is intended to modify or amend any other written agreement, if any, that may currently be in effect between you and Edelman Financial Engines with regard to matters other than your use of this Application. Edelman Financial Engines may periodically modify these Terms of Use, and any such modifications will be effective immediately upon posting. Your continued use of the Application will be deemed your acceptance of the modified Terms of Use. We suggest that you periodically check these Terms of Use for modifications. If you do not agree to these Terms of Use, do not download, install, or use this Application.
This Application is licensed, not sold. This Application is owned by Edelman Financial Engines, LLC, and operated by Edelman Financial Engines, LLC or its affiliates (collectively "Edelman Financial Engines"). Financial Engines may modify, suspend, discontinue or restrict the download, installation, use, and availability of any portion of this Application at any time, without notice or liability. Your download, installation and use of this Application may be monitored by Edelman Financial Engines and used for Edelman Financial Engines’ internal business purposes, without liability.
Edelman Financial Engines does not charge additional fees for using the Application. However, your mobile device carrier may charge you for data network usage or other fees. You also agree to comply with applicable third party terms of agreement when using the Application.
Edelman Financial Engines grants you a limited, revocable, nonexclusive, nontransferable license to download, install, and use this Application on a single, authorized computing device solely for your personal, informational, and noncommercial use. You are responsible for obtaining and maintaining all equipment, services, and other materials that you need to download, install, and use this Application. Edelman Financial Engines reserves all rights not expressly granted in these Terms of Use. Except as otherwise stated in these Terms of Use or as expressly authorized by Edelman Financial Engines in writing, you may not (or enable others to):
Edelman Financial Engines may, but is not obligated to, automatically check the version of this Application installed on the applicable authorized computing device and, if necessary, provide updates for this Application ("Updates"). Updates may contain, without limitation, bug fixes, patches, enhanced functionality, plug‐ins, and new versions of this Application. By downloading and installing this Application, you authorize the automatic download and installation of Updates and, if those Updates need to be downloaded and installed manually, you agree to do so.
You agree that open source software provided with this Application are subject to the Open Source Licenses & Disclosure information linked within the Application and are not licensed under these Terms of Use.
All content in this Application is presented only as of the date published or indicated, and may be superseded by subsequent market events or for other reasons.
All financial information displayed in or through the Application is for general informational purposes only and does not constitute investment advice or an offer to buy or sell any security or insurance product and should not be relied upon in making financial decisions. Before making financial decisions, you should consult with an Edelman Financial Engines advisor. Professional Management Program (“Program”) Terms and Conditions (including Supplement) and other legal information pertaining to the Program are available online under the “Legal Information” link or by calling an advisor. The Managed Asset Program Client Service Agreement is available by calling an advisor.
You agree that you are solely responsible for all information, content, messages, comments, and any other materials that you submit, upload, post, e‐mail, transmit, or otherwise make available via this Application ("User Content"). By submitting, uploading, posting, e‐mailing, or transmitting User Content to the Application, you represent and warrant that either you own all right, title, and interest in and to the User Content or have express permission from the owner to copy and use such User Content for all purposes related to the Application.
You agree not to use the Application to:
You grant Edelman Financial Engines and its affiliates, subsidiaries, directors, officers, employees, agents, licensors, and vendors a perpetual, worldwide, irrevocable, nonexclusive, fully‐paid up, royalty‐free, sublicensable, and transferable right and license to use, store, modify, adapt, translate, publish, display, broadcast, perform, disclose, distribute, sell, reproduce, and create derivative works from any User Content, in whole or in part, in any medium or technology throughout the world, including any inventions, concepts, techniques, know‐how, ideas, or expressions of ideas arising out of or based on the User Content, for any purpose in Edelman Financial Engines’ sole discretion, without the requirement of any permission from or compensation or notice, and without liability, to you or any third party. Edelman Financial Engines shall exclusively own all right, title, and interest in and to any derivative works or inventions created by or on behalf of Edelman Financial Engines that incorporate or otherwise make use of any User Content, without the requirement of any permission from or compensation or notice, and without liability, to you or any third party.
Except as set forth in our Privacy Policy, none of the User Content that you submit, upload, post, e‐mail, or transmit or otherwise make available via the Application shall be subject to any confidentiality obligations by Edelman Financial Engines and its affiliates, subsidiaries, directors, officers, employees, agents, licensors, and vendors. Except as may be provided by federal securities laws, Edelman Financial Engines shall not be liable in any way for any User Content or for the use or disclosure of any User Content.
You acknowledge that Edelman Financial Engines and/or its vendors may or may not (but are not obligated to) monitor User Content, but that Edelman Financial Engines shall have the right in its sole discretion to monitor, post, move, refuse, or remove any User Content, in whole or in part, for any reason whatsoever, without notice and without liability.
If you have any questions or comments about your Edelman Financial Engines investments, advisory services or other customer service issues, please contact Edelman Financial Engines directly.
Certain parts of this Application may be protected by passwords or require a login. You agree to provide Financial Engines with current, complete, and accurate information about you as prompted by the applicable registration process and agree to regularly update this information to maintain its completeness and accuracy. You agree to use this Application to access only those accounts on which you are authorized to act, and you agree to use your own credentials (“Credentials”), when accessing accounts on which you are authorized to act. You agree not to obtain or attempt to obtain unauthorized access to such parts of or features in this Application, or to any other protected Materials or information, through any means not intentionally made available to you by Edelman Financial Engines.
You are responsible for maintaining the confidentiality of any account information and Credentials that you use to access any page or feature in this Application, and for closing out of your account and any protected areas of the Application. Further, you are fully responsible for all activities occurring under your accounts and Credentials that result from your negligence, carelessness, misconduct, or failure to use or maintain appropriate security measures. If you become aware of any suspicious or unauthorized conduct concerning your accounts or Credentials, you agree to contact Edelman Financial Engines immediately. Edelman Financial Engines will not be liable for any loss or damage arising from your failure to comply with this paragraph.
Products and services provided to you through this Application may involve the electronic transmission, including via any e‐mail address you provide to us, of information that you may consider to be personal financial information or promotional and marketing materials, and you consent to such transmission.
You agree that Edelman Financial Engines may collect and use interaction data, technical data and related information—including but not limited to technical information about your device, system and application software, software versions installed, and peripherals – that is gathered to facilitate the provision of software updates, product support, product learnings and other services to you (if any) related to the Application. Edelman Financial Engines may use this information to improve its products or to provide services or technologies to you.
Use of this Application involves the electronic transmission of information across the networks of your wireless service provider. Because Edelman Financial Engines does not operate or control the wireless networks used to access your account, Edelman Financial Engines is not responsible for the privacy or security of wireless data transmissions. Use only reputable service providers and check with your wireless service provider for information about its privacy and security practices.
Our products and services are not marketed to minors and we do not knowingly collect information from anyone under the age of 13.
For additional information about our privacy practices, please see the Online Privacy Policy and Privacy Policy located within the Application.
You agree that the Edelman Financial Engines Online Privacy Policy and Privacy Policy located within the Application applies to your use of the Application.
For additional information about the Application’s security, please see the Security Statement linked in the Application.
The Application may include a service that links your outside financial accounts to your plan account (the “Aggregation Service”). If you choose to use the Aggregation Service, the following additional terms apply to you, and by using the Aggregation Service, you agree with these terms. You agree to provide true, accurate, current and complete information about yourself and your accounts maintained at other web sites (“Account Data”) and you agree to not misrepresent your identity or your Account Data. You agree to keep your Account Data up to date and accurate. By using the Aggregation Service, you authorize Edelman Financial Engines and its service providers to access third party sites designated by you, on your behalf, to retrieve information requested by you. For all purposes hereof, you hereby grant Edelman Financial Engines and its service providers a limited power of attorney, and you hereby appoint Edelman Financial Engines and its service providers as your true and lawful attorney-in-fact and agent, with full power of substitution and resubstitution, for you and in your name, place and stead, in any and all capacities, to access third party sites, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN EDELMAN FINANCIAL ENGINES OR ITS SERVICE PROVIDERS ACCESS AND RETRIEVE INFORMATION FROM THIRD PARTY SITES, EDELMAN FINANCIAL ENGINES AND ITS SERVICE PROVIDERS ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY. You agree that third party account providers shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by you. You understand and agree that the Aggregation Service is not endorsed or sponsored by any third party account providers accessible through the Aggregation Service. EDELMAN FINANCIAL ENGINES AND ITS SERVICE PROVIDERS MAKE NO WARRANTY THAT:
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE AGGREGATION SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT THAT ANY PART OF THIS SECTION IS NOT CONSISTENT WITH ANY OTHER PART OF THE TOS, THEN THIS SECTION WILL CONTROL.
This Application and all Materials in this Application, whether separate or compiled, including, but not limited to, text, graphics, audio clips, logos, buttons, images, digital downloads, data compilations, software, icons, html code and xml code, as well as all copyright, patent, trademark, trade dress, and other rights therein, are owned or licensed by Edelman Financial Engines, and are protected by United States and international intellectual property laws. You must abide by all copyright notices, information, or restrictions contained in or attached to the Application or Materials. Neither the Terms of Use nor any other agreement pertaining to your use of the Application limits any of our or our affiliates’ or licensors’ rights under trade secret, copyright, patent or other laws.
© 2020 Edelman Financial Engines, LLC. Financial Engines® and Edelman Financial Engines™ are trademarks of Edelman Financial Engines, LLC. All trademarks, service marks, and logos appearing in this Application are the exclusive property of their respective owners. Nothing contained in this Application should be construed as granting any license or right in or to any trademark, service mark, copyright, patent or other intellectual property rights.
Advisory services offered through Financial Engines Advisors L.L.C. (FEA), a federally registered investment advisor and wholly owned subsidiary of Edelman Financial Engines, LLC. FEA may also be referred to as Edelman Financial Engines or Financial Engines. Results are not guaranteed. For a list of Financial Engines' patents, see here.
Apple, the Apple logo, iPad, iPhone, and iPod touch are registered trademarks of Apple Inc., registered in the U.S. and other countries. App Store is a registered service mark of Apple Inc.
Because of the global nature of the Internet, you agree to comply with all local rules with respect to your account and your online conduct, including all laws, rules, codes, and regulations of the country in which you reside and the country from which you access this Application, including without limitation, all laws, rules, codes, regulations, decrees, acts, orders, directives, legislation, bills, and statutes pertaining to tax, contracts, intellectual property, securities, e‐ commerce, banking, technology, computers, fraud, and privacy.
In addition, you agree to comply with all applicable laws, rules, codes, and regulations regarding the exporting or re‐exporting of this Application or any portion, process, copy, or adaptation thereof or any technical data from the United States. You acknowledge that this Application is subject to the U.S. Export Administration Regulations and that you will comply with these regulations. You will not download, export, or re‐export this Application (i) into (or to a national or resident of) any country with respect to which the United States maintains trade sanctions prohibiting the shipment of goods, or (ii) to anyone on or acting on behalf of an entity who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. government (collectively, "U.S. Prohibited Party Lists"). By downloading, installing, and/or using the Application, you represent and warrant that you are not (a) located in or a national or resident of any country that is subject to U.S. trade sanctions, or (b) on any U.S. Prohibited Party List or acting on behalf of any person or entity on any such list.
This Application and each service referred to in this Application is intended to be made available only to U.S. residents. This Application will not be considered a solicitation for or offering of any investment product or service to any person in any jurisdiction where such solicitation or offering would be illegal.
The rights granted to you herein terminate immediately upon any violation by you of these Terms of Use. Financial Engines, in its sole discretion, reserves the right to temporarily or permanently terminate your access to and use of this Application at any time and for any reason whatsoever, without notice or liability. Edelman Financial Engines will not be liable to you or any third party for any termination of your access to or use of this Application. In the event of such termination, you must immediately cease using this Application and delete this Application from the applicable authorized computing device. These Terms of Use will continue to apply to all past use of the Application by you, even if you are no longer using it.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THIS APPLICATION IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULL EXTENT PERMITTED UNDER APPLICABLE LAW, EDELMAN FINANCIAL ENGINES AND ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, AND ANY THIRD PARTY INFORMATION PROVIDERS AND VENDORS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON‐INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, AND ALL WARRANTIES REGARDING SECURITY, CURRENCY, CORRECTNESS, QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, RELIABILITY, PERFORMANCE, TIMELINESS ,OR CONTINUED AVAILABILITY, WITH RESPECT TO (I) THIS APPLICATION; (II) ANY MATERIALS, PRODUCTS, OR SERVICES AVAILABLE ON OR THROUGH THIS APPLICATION; (III) USE OF THIS APPLICATION, MATERIALS, PRODUCTS, OR SERVICES; AND (IV) THE RESULTS OF THE USE OF THIS APPLICATION, MATERIALS, PRODUCTS, OR SERVICES.
FURTHER, EDELMAN FINANCIAL ENGINES AND ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, AND ANY THIRD PARTY INFORMATION PROVIDERS AND VENDORS EXPRESSLY DISCLAIM ALL WARRANTIES WITH RESPECT TO ANY DELAYS OR ERRORS IN THE TRANSMISSION OR DELIVERY OF ANY MATERIALS, PRODUCTS, OR SERVICES AVAILABLE THROUGH THIS APPLICATION OR THE APPLICATION BEING FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
EXCEPT AS PROVIDED BY LAW, NONE OF EDELMAN FINANCIAL ENGINES, ITS THIRD PARTY INFORMATION PROVIDERS NOR VENDORS HAS ANY RESPONSIBILITY TO MAINTAIN THIS APPLICATION OR THE MATERIALS, PRODUCTS, OR SERVICES OFFERED IN THIS APPLICATION OR TO SUPPLY CORRECTIONS, UPDATES, OR RELEASES FOR THE SAME.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY EDELMAN FINANCIAL ENGINES OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.
TO THE EXTENT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION.
DOWNLOADING AND USING THIS APPLICATION AND ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THIS APPLICATION IS DONE AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER EQUIPMENT, OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. NONE OF EDELMAN FINANCIAL ENGINES, ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, ANY THIRD PARTY INFORMATION PROVIDERS, NOR VENDORS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, INCOME, GOODWILL, USE, DATA, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES, OR DAMAGES CAUSED BY THEFT, UNAUTHORIZED ACCESS, SYSTEMS FAILURE, OR COMMUNICATIONS LINE FAILURE, OR THE COST OF PROCURING SUBSTITUTE GOODS OR SERVICES, CAUSED BY THE USE OF OR INABILITY TO USE THIS APPLICATION, MATERIALS, OR ANY PRODUCTS OR SERVICES PROVIDED HEREIN, OR ANY OTHER MATTER RELATING TO THIS APPLICATION, EVEN IF EDELMAN FINANCIAL ENGINES OR ITS VENDORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT OR OTHERWISE). IN ANY CASE, THE ENTIRE LIABILITY OF EDELMAN FINANCIAL ENGINES AND THEIR AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS AND ANY THIRD PARTY INFORMATION PROVIDERS AND VENDORS UNDER THESE TERMS OF USE FOR ALL DAMAGES OF EVERY KIND AND TYPE SHALL BE LIMITED TO FIVE DOLLARS ($5.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT THAT A JURISDICTION DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN, THE LIABILITY OF EDELMAN FINANCIAL ENGINES AND ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, AND ANY THIRD PARTY INFORMATION PROVIDERS AND VENDORS IS LIMITED TO THE EXTENT PERMITTED BY LAW IN SUCH JURISDICTIONS.
You agree to indemnify, defend, and hold harmless Edelman Financial Engines, its subsidiaries and affiliates, and each of its and their officers, directors, employees, and agents, from and against all claims, demands, liabilities, damages, losses, or expenses, including attorney’s fees and costs, arising out of or related to your improper access to or use of this Application, your User Content, violation of applicable law, or any violation by you of these Terms of Use.
If any provision of these Terms of Use is deemed unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT IN THE EVENT ANY REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSES, ALL LIMITATIONS OF LIABILITY AND EXCLUSIONS OF DAMAGES WILL REMAIN IN EFFECT. Any failure by Edelman Financial Engines to strictly enforce any provision of these Terms of Use will not operate as a waiver of that provision or any subsequent breach of that provision. These Terms of Use and related terms referenced in these Terms of Use represent the entire agreement between you and Edelman Financial Engines relating to the Application.
These Terms of Use are entered into in Santa Clara, California and governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions. Federal law governs copyright, patent, and trademark matters. You agree to submit to the personal and exclusive jurisdiction of the courts of the State of California for the County of Santa Clara or the U.S. District Court for the Northern District of California to resolve any dispute or claim under or arising from these Terms of Use. The prevailing party in any action will be entitled to recover reasonable expenses, including attorneys' fees.
Apple Inc. (“Apple”) is not responsible for the Application. Apple is not providing any warranty for the Application and is not responsible for maintenance or other support services for it and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the Application. Any inquiries, claims or complaints relating to the use of the Application, including those pertaining to intellectual property rights, must be directed to Edelman Financial Engines via the Contact information listed below.
You and Edelman Financial Engines acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries to these Terms of Use, and that, upon your acceptance of the Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms of Use against you as a third party beneficiary.
To login to this Application, you must accept these Terms of Use. By logging in, you will confirm your understanding, acceptance, and receipt of these Terms of Use, and you will acknowledge and demonstrate that you can access the Terms of Use on your mobile device. This is required in order to access the Application.
If you have any questions or want to get in touch with Edelman Financial Engines regarding the Application, you can reach Financial Engines in the following ways:
For technical questions about the Application, please email: mobile-support@edelmanfinancialengines.com.