E*TRADE Securities LLC, or our affiliates ("E*TRADE", "we", "our" or "us"), may make available to you software, application or services that allow you to access, use and view your E*TRADE account via a mobile device (such as a mobile phone, tablet, smartphone, watch, eyeglasses, or other similar device) ("Mobile Device"). This software, application or service is called E*TRADE Mobile.
Please read this end-user license agreement ("Agreement") carefully before clicking the "Accept" button or downloading, installing, accessing or using E*TRADE Mobile accompanying this Agreement. By clicking the "Accept" button or downloading, installing, accessing, using or viewing E*TRADE Mobile or any of its contents, you are entering into and agreeing to be bound by the terms of this Agreement and the terms and conditions of E*TRADE's Privacy Statement available on E*TRADE's website, as amended from time to time. You understand that your brokerage account, and therefore the use of E*TRADE Mobile in relation to the brokerage account, is governed by the E*TRADE Securities Brokerage Customer Agreement, as amended from time to time, together with the additional terms detailed in this Agreement.
E*TRADE grants you a limited, non-exclusive, non-transferable, revocable, personal license to install and use E*TRADE Mobile on your Mobile Device. You may not modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on E*TRADE Mobile, or remove any proprietary notices or labels on E*TRADE Mobile. Title, ownership rights and intellectual property rights in and to E*TRADE Mobile shall remain with E*TRADE. You are solely responsible for all data electronically transmitted or the use of any data, information or services obtained through the use of E*TRADE Mobile. You are solely responsible for following the rules of the website to which E*TRADE Mobile can connect and E*TRADE assumes no liability for damages that may result from your use or misuse of those sites.
This Agreement constitutes a license and a license only. You agree that you have not purchased a copy of E*TRADE Mobile, but rather are paying for a license to use E*TRADE Mobile and your adherence to all license terms shall be considered conditions precedent to your ability to continue to use and license E*TRADE Mobile. All copyright rights and other intellectual property rights are owned and remain solely owned and held by E*TRADE. You agree to use E*TRADE Mobile, and all related software provided to you by E*TRADE, solely to access and use the services of E*TRADE and agree not to modify, decompile, reverse engineer, or create derivative works of E*TRADE Mobile without the express written authorization of E*TRADE. Except as otherwise required by applicable law or regulation, E*TRADE, at any time in its sole discretion without prior notice, may (i) terminate your use and license of E*TRADE Mobile, (ii) expand, reduce or suspend the type and or dollar amounts of transactions allowed using E*TRADE Mobile, (iii) change the enrollment process and transaction limits associated with it, (iv) update, revise, or modify E*TRADE Mobile, or (v) discontinue support for E*TRADE Mobile.
E*TRADE Mobile is owned by E*TRADE or its affiliates, agents or licensors, as applicable. All rights, title and interest in and to E*TRADE Mobile are reserved by E*TRADE and its affiliates, agents or licensors, as applicable. All trademarks (including logos, service marks, trade names and icons), copyrights, patents, trade secrets, content, publicity rights and other intellectual property (collectively, the "Intellectual Property") are proprietary to E*TRADE, its affiliates, agents or licensors. You may not remove any proprietary notices, including, but limited to, copyright and trademark notices, from E*TRADE Mobile or alter, obscure or modify such notices in any way. Except as expressly and unambiguously provided herein, E*TRADE does not grant to you, any express or implied rights (whether by implication, estoppel or other legal theory) in or to the E*TRADE Mobile or any other Intellectual Property.
Use of E*TRADE Mobile involves the electronic transmission of data and information to and from your Mobile Device across wireless and other networks. You acknowledge and agree that E*TRADE does not operate or control the wireless and other networks used to access your account, and E*TRADE is not responsible or liable for the privacy and security of your wireless data and information transmissions. You agree that it is your sole responsibility to confirm the privacy and security practices of the networks you use and to only use a reputable wireless service provider or a secure (not open) WiFi access point which is operated by a person or entity you have reason to trust.
You agree that E*TRADE's Privacy Statement, which is available on E*TRADE's website, shall apply to this Agreement and your use of E*TRADE Mobile. E*TRADE Mobile will collect unique device identifiers and may employ other technologies and practices to provide functionality for E*TRADE Mobile.
You acknowledge and agree that it is your responsibility to maintain the security of your Mobile Device from unauthorized access. You further agree that in the event of any unauthorized access, or attempt to access your Mobile Device or your account, you shall immediately notify E*TRADE of any such access or attempt and cooperate with any investigation by E*TRADE into such access or attempt.
By installing E*TRADE Mobile on your Mobile Device, you are consenting to the transmission of data related to your use of E*TRADE Mobile to servers in the United States or other territories as applicable.
You understand that the information available through E*TRADE Mobile, including through other links within E*TRADE Mobile ("Information"), has been produced by independent providers unaffiliated with E*TRADE, various securities markets, such as stock exchanges and their affiliates, and by other outside sources. The Information is believed to be reliable. However, E*TRADE and its affiliates are not responsible for the content and the timeliness, sequence, accuracy, adequacy, or completeness of the Information is not guaranteed either by E*TRADE or by the independent providers. Any opinions or recommendations expressed through other links are solely those of the independent providers and are not the opinions or recommendations of E*TRADE or its affiliates. You agree that you will not attempt to hold E*TRADE liable for any Information provided through E*TRADE Mobile.
E*TRADE HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY, THE WARRANTY OF FITNESS FOR A PARTICULAR USE, WARRANTY AGAINST INTERFERENCE WITH ENJOYMENT OF THE INFORMATION OR AGAINST INFRINGEMENT, AND ANY AND ALL OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE INFORMATION OR ANY ASPECT OF E*TRADE MOBILE. E*TRADE MOBILE IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS, WITH ALL FAULTS AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE AND EFFORT IS WITH YOU. PORTIONS OF E*TRADE MOBILE ARE SUBJECT TO ADDITIONAL LIMITATIONS AND DISCLAIMERS AS SET FORTH BELOW.
IN NO EVENT WILL E*TRADE, ITS AFFILIATES, OR ANY THIRD PARTY, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, TRADING LOSSES AND/OR DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY OR LOSS OF THE USE OF E*TRADE MOBILE, EVEN IF E*TRADE, OR ANY THIRD PARTY, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. NEITHER E*TRADE, ITS AFFILIATES, NOR ANY THIRD PARTY SHALL BE LIABLE FOR ANY LOSS RESULTING FROM A CAUSE OVER WHICH SUCH ENTITY DOES NOT HAVE DIRECT CONTROL, INCLUDING BUT NOT LIMITED TO FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, SEVERE WEATHER, EARTHQUAKES AND STRIKES OR OTHER LABOR PROBLEMS. IN ANY CASE, THE ENTIRE LIABILITY OF E*TRADE AND ITS EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES, AGENTS AND LICENSORS, FOR ANY DAMAGES FOR WHATEVER REASON AND UNDER WHATEVER THEORY OF LIABILITY, SHALL BE LIMITED TO TEN DOLLARS ($10.00).
(a) You agree that E*TRADE has the right to limit, alter or discontinue available features and services, terminate or suspend the E*TRADE Mobile service at any time and at E*TRADE's sole discretion with or without notice.
(b) It is your responsibility to ensure that E*TRADE Mobile is compatible with your Mobile Device and related software. E*TRADE will provide you with updates and modifications to its E*TRADE Mobile service as and when these become available. It is your responsibility to install these updates and modifications and E*TRADE will operate on the basis and assume that you have done so. You agree that you will not attempt to hold E*TRADE liable for any damages you incur as a result of any incompatibility issues between E*TRADE Mobile and your Mobile Device. You also acknowledge and agree that certain Mobile Devices may provide different features, Information, services and trading capability than other Mobile Devices and E*TRADE Mobile functionality and features may differ by Mobile Device. Certain Mobile Devices may have greater limitations and provide less E*TRADE Mobile services than others. Stock quotes on certain Mobile Devices may not include the time of the quote and will not permit trading from such Mobile Devices.
(c) You acknowledge and agree that E*TRADE is entitled to assume that any instruction transmitted via a Mobile Device using your account details has been transmitted by you or by a person duly authorized by you and is at your risk. Therefore, E*TRADE has the absolute authority to effect any instruction made via a Mobile Device, where the requisite account and password information in relation to your account has been provided. You must immediately inform us if you are aware or suspect that a third party has had access to your username, account number or password or if you suspect that any person other than you or any duly authorized third party is dealing on your account. You also acknowledge and agree that E*TRADE is entitled to decline to process any instruction transmitted via a Mobile Devise using your account details in its sole discretion, if E*TRADE suspects fraud, unauthorized use or for any other reason.
(d) If, as a result of the error or failure of the E*TRADE Mobile service that is out of our control, our internal records are at variance with your mobile records or own recollection, the version of events supported by our records will prevail and any obligations on either party shall be assessed on the basis that our internal records are correct.
(e) We do not accept any liability for damage to your mobile device or for any loss of functionality that results from your use of E*TRADE Mobile and you agree that you will not attempt to hold E*TRADE liable for any such damage or loss of functionality.
(f) Although E*TRADE will not charge you additional fees for using E*TRADE Mobile, you may be charged by your Mobile Device carrier for data network usage. Because the E*TRADE Mobile application provides access to real-time streaming quotes, you understand that E*TRADE recommends that you obtain an unlimited data plan from your Mobile Device provider.
(g) E*TRADE may require you to update your version of E*TRADE Mobile at any time. While we will attempt to retain your personal settings and preferences, there is still the possibility that they may be lost.
(h) As part of E*TRADE Mobile, you may receive push notifications, text messages, alerts, or other types of messages sent to you outside or inside E*TRADE Mobile ("Push Messages"). You have control over the Push Messages settings, and can opt in or out of these Push Messages through E*TRADE Mobile or through your device's operating system (with the exception of Urgent Notifications). Please be aware that messaging fees may apply depending on the message plan you have with your wireless carrier.
(i) You hereby represent and warrant (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Due to the nature of mobile technology you should be aware of the following risks related to E*TRADE Mobile and mobile phone trading:
(a) E*TRADE Mobile services may not allow the same functionality, access to information and services which are available when not using a Mobile Device.
(b) Due to the nature of Mobile Devices, we do not warrant that the operation of our E*TRADE Mobile services will be uninterrupted or entirely error-free. For example, due to service connectivity or internet connection difficulties endemic with mobile applications the service may, from time to time, be subject to delay, error or failure, with results that include, but are not limited to, the following:
You agree that you will not attempt to hold E*TRADE liable for any damages related to any of the above issues or any other related issues.
It is possible that a wireless connection or function may not be available when using E*TRADE Mobile or is interrupted, or that a feature can be disabled, when attempting to conduct a financial transaction. Should this happen, review your transaction status to verify the status of the attempted transaction when you return to an area with wireless coverage or have access to a computer, or contact an E*TRADE representative by telephone.
This Agreement represents the entire agreement between the parties regarding its subject matter and supersedes any prior or inconsistent agreements, negotiations, representations and promises, written or oral. E*TRADE may amend this Agreement from time to time, and you agree to be bound by future revisions. The revisions will take effect on the date of publication of the amended Agreement.