Welcome to the Schwab ETF Education Exchange ("EEE"). Use of this site is subject
to the terms and conditions contained in the Schwab EEE Online Services Agreement
(the "SEOSA") set forth below. In continuing to access or use our site, you agree
to be bound by those terms and conditions within the SEOSA applicable to your use.
Consent to Electronic Records and Signature
The SEOSA, other online agreements, and our Web site include important disclosures
and regulatory information that are associated with the Services, as defined below.
From time to time, Schwab may ask you to review other important disclosures or agreements
about a Service. We refer to all of these items as "Records and Disclosures."
When you click "I agree" below, you will be consenting to electronic delivery of
the SEOSA and the Records and Disclosures in HTML format. To access, retain, and
print the SEOSA and other Records and Disclosures, you should use a Netscape® Navigator 4.0 or Microsoft™ Internet Explorer
By clicking "I agree" you will also be providing your electronic signature that
- You understand and intend that the SEOSA is a legally binding agreement and the
equivalent of a signed, written contract;
- You will use all Services, and our Web sites generally, in a manner consistent with
applicable laws and regulations and in accordance with the terms and conditions
of the SEOSA and any other applicable rules, guidelines or other conditions that
govern the use of a particular Service as they may be amended by Schwab from time
to time; and
- You understand, accept, and have received the SEOSA and its terms and conditions,
and acknowledge and demonstrate that you can access the SEOSA and other Records
and Disclosures on our Web site.
If you do not agree with the terms and conditions in the SEOSA, please select "Cancel"
below and you will exit the registration process. You should be aware, however,
that the use of any Service, including our Web site, is subject to the terms and
conditions of the SEOSA. This Agreement will always be available for your review
as a link at the bottom of the SchwabETFEducationExchange.com home page. If you
click "I agree" below we will create an electronic record of your agreement and
you will be able to continue with the registration process. Please carefully review
the following terms and conditions.
SCOPE OF THE SEOSA
Charles Schwab & Co., Inc. ("Schwab," "we" or "us") operates the Services, either
alone or in conjunction with its affiliates, agents and partners. The Schwab ETF
Education Exchange Online Services Agreement ("SEOSA" or "Agreement") applies to
your use of the SchwabETFEducationExchange.com website. This includes investment
tools, as well as any features or content we may add in the future. We refer to
all of the above as "Services." This Agreement applies to all Services regardless
of the means by which you access such Services. We may also ask you to follow additional
rules, guidelines or other conditions that govern the use of a particular Service
("Rules and Guidelines") at the time you register for or use that Service. The SEOSA
incorporates by reference the Rules and Guidelines of any Service for which you
REVISIONS AND RELATION TO OTHER AGREEMENTS OR DISCLOSURES
Schwab may revise the SEOSA at any time, and you agree to be bound by future revisions.
It is your responsibility to visit the link at the bottom of the SchwabETFEducationExchange.com
home page periodically to review the most current terms and conditions. Schwab may
also offer other services from time to time that are governed by different or additional
terms and conditions. Services are subject to any disclosures or disclaimers found
within the Services.
REGISTRATION INFORMATION, PRIVACY AND PERSONALIZATION
When you register for a Service, we may ask you to give us certain identifying information
("Registration"). You agree to provide true, accurate, current and complete information
about yourself. You also agree not to impersonate any person or entity, misrepresent
any affiliation with another person, entity or association, use false headers or
otherwise conceal your identity from Schwab for any purpose. We agree to treat with
care the information you entrust to us, in accordance with the disclosures we give
during the Registration process.
For your protection and the protection of our other customers and Web site users,
we ask you not to share your Registration information (including passwords, User
Names, and screen names) with any other person for the purpose of facilitating their
access and unauthorized use of Services. You alone are responsible for all transactions
initiated, messages posted, statements made, or acts or omissions that occur within
any Service through the use of your Registration information.
You are responsible for correctly self-identifying any professional designations
as you use the site. Specifically, if you identify yourself as a "financial professional",
you certify that you maintain all required registrations under the laws, rules and
regulations of any government agency or self-regulatory organizations to which your
business is subject. You agree to provide documentation to support your use of materials
intended for "financial professionals" upon Schwab's reasonable request.
If you believe that someone has used your Registration information to access any
Service without your authorization, please call Schwab immediately using the numbers
in the "Contact Us" section of this website.
SCHWAB'S LICENSE TO YOU
Schwab grants you a single, non-exclusive, non-transferable and limited personal
license to access and use the Services. This license is conditioned on your continued
compliance with the terms and conditions in the SEOSA.
YOUR LICENSE TO SCHWAB
Unless otherwise indicated for a particular Service, any communications or material
of any kind that you e-mail, post or otherwise transmit through the Services, including
data, questions, comments, or suggestions (your "Communications") will be treated
as non-confidential and non-proprietary. You hereby grant a license to Schwab to
reproduce, disclose, transmit, publish, broadcast, or post your Communications either
on the Schwab ETF Education Exchange Web site or elsewhere with no liability or
obligation to you. Schwab is free to use any ideas, concepts, know-how, or techniques
contained in your Communications for any purpose including, but not limited to,
developing and marketing products using such information.
USE OF THIRD-PARTY SERVICE PROVIDERS
Schwab may use third-party service providers to assist in providing certain Services
with or without notice to you (each, a "Third-Party Service Provider"). Schwab may
also change Third-Party Service Providers or may itself provide a Service without
the assistance of such third party. You consent and authorize Schwab to delegate
the authorizations you provide to Schwab to its Third-Party Service Provider(s)
as Schwab deems necessary or desirable to provide the applicable Service to you.
You agree that the terms and conditions of the SEOSA, including any of the other
terms, conditions, warranty disclaimers and liability disclaimers incorporated into
this Agreement, inure to the benefit of such Third-Party Service Providers and such
Third-Party Service Providers are deemed to be third-party beneficiaries of the
SEOSA, including any other terms, conditions, warranty disclaimers and liability
disclaimers incorporated into this Agreement. You also agree that all references
to "Schwab" within the SEOSA and any incorporated terms are also deemed to include,
where applicable, Schwab's agents, such as the Third-Party Service Providers.
Information you share with Schwab through this registration process will be shared
with Third-Party Service Providers only for purposes of site maintenance. However,
if you provide information voluntarily and directly to a Third-Party Service Provider
through this site, you understand that Schwab will not be responsible for the security
or privacy of such information and that the Third-Party Service Provider may use
NOTICES, COMMUNICATIONS, AND ELECTRONIC SIGNATURES
You agree to accept all communications from us regarding use of the Services at
the addresses you provide during Registration. Schwab is entitled to rely on the
e-mail address and U.S. mail address that you last provided to us. You agree to
waive all claims resulting from failure to receive communications because of changes
in your e-mail or U.S. mail address.
You agree that, when in the future you click on an "I agree," "I consent" or other
similarly worded "button" or entry field with your mouse, keystroke or other device,
your agreement or consent will be legally binding and enforceable and the legal
equivalent of your handwritten signature.
USE OF SERVICES
The following requirements apply to your use of all Services:
- You will not use any electronic communication feature of a Service for any purpose
that is unlawful, tortious, abusive, intrusive on another's privacy, harassing,
libelous, defamatory, embarrassing, obscene, threatening or hateful.
- You will not upload, post, reproduce or distribute any information, software or
other material protected by copyright or any other intellectual property right (as
well as rights of publicity and privacy) without first obtaining the permission
of the owner of such rights.
- You will not collect or store personal data about other users.
- You will not use any Service for any commercial purpose not expressly approved by
Schwab in writing. You will not upload, post, e-mail or otherwise transmit any advertising
or promotional materials, including without limitation, "junk mail," "surveys,"
"spam," "chain letters," "pyramid schemes," or any other form of solicitation or
- You will not upload, post, e-mail or otherwise transmit any material that contains
viruses or any other computer code, files or programs which might interrupt, limit
or interfere with the functionality of any computer software or hardware or telecommunications
We may make available to you through one or more Services a broad range of financial
information that we obtain from Third-Party Service Providers. This includes financial
market data, quotes, news, analyst opinions, fact sheets, white papers, webcasts
and research reports. Collectively, we refer to this as "Market Information." Schwab
does not endorse or approve Market Information, and we make it available to you
only as a service and convenience. Schwab and our Third-Party Service Providers
do not (1) guarantee the accuracy, timeliness, completeness or correct sequencing
of Market Information, or (2) warrant any results from your use or reliance on Market
Information. Market Information may quickly become unreliable for various reasons
including, for example, changes in market conditions or economic circumstances.
Neither Schwab nor the Third-Party Service Providers are obligated to update any
information or opinions contained in any Market Information, and we may discontinue
offering Market Information at any time without notice. You agree that neither Schwab
nor the Third-Party Service Providers will be liable to you in any way for the termination,
interruption, delay, or inaccuracy of any Market Information. You will not redistribute
or facilitate the redistribution of Market Information, nor will you provide access
to Market Information to anyone who is not authorized by Schwab to receive Market
NO INVESTMENT ADVICE OR RECOMMENDATIONS
The Services and content (including Market Information) are for information, education,
and entertainment purposes only. Although Services may provide information relating
to investment approaches and opportunities to buy or sell securities, you should
not construe any Market Information, features, tools or other content available
through any Service as legal, tax, investment, financial or other advice. Nothing
contained in any Service or any other content on our Web site constitutes a solicitation,
recommendation, endorsement, or offer by Schwab or a Third-Party Service Provider
to buy or sell any securities or other financial instruments.
You alone assume the sole responsibility of evaluating the merits and risks associated
with the use of any Service before making any decisions based on Market Information
or content contained in a Service. In exchange for using Services, you agree not
to hold Schwab or any Third-Party Service Provider liable for any possible claim
for damages arising from any decision you make based on information made available
to you through any Service.
USE OF ACCESS DEVICES
With the exception of applications commonly known as Web Browser software, or other
applications formally promoted, endorsed or approved by Schwab in writing, you agree
not to use any software, program, application or any other device to access or log
on to any Service, including Schwab's computer systems, Web site or proprietary
software or to automate the process of obtaining, downloading, transferring or transmitting
any Market Information or any other content to or from any Service, including Schwab's
computer systems, Web site or proprietary software.
DISCLOSURE OF POTENTIAL RELATIONSHIPS
Schwab and/or its employees or directors as well as its affiliates, consultants
and Third-Party Service Providers may have clients with positions in securities
or companies referenced in Market Information and may, as principal or agent, buy
from or sell to customers. From time to time, Schwab may perform investment banking
or other services for, or solicit such services from, companies mentioned in Market
Information. Third-Party Service Providers do not pay any compensation to Schwab
for inclusion of their materials on the Schwab ETF Education Exchange website.
SECURITY OF DATA TRANSMISSIONS AND STORAGE
Electronic (including wired and wireless) communications through the Services may
not be encrypted. You acknowledge that there is a risk that data, including e-mail,
electronic and wireless communications and personal data, may be accessed by unauthorized
third parties when communicated between you and Schwab or between you and other
MONITORING BY SCHWAB
Schwab, its affiliates and agents are entitled, but not obligated, to review or
retain your Communications. We and our Third-Party Service Providers may monitor
your Communications to evaluate the quality of service you receive, your compliance
with the SEOSA, the security of the Services, or for other reasons. You agree that
these monitoring activities will not entitle you to any cause of action or other
right with respect to the manner in which Schwab or its Third-Party Service Providers
monitor your Communications and enforce or fail to enforce the Rules and Guidelines
of any Service and the terms of the SEOSA. In no event will Schwab or its Third-Party
Service Providers be liable for any costs, damages, expenses or any other liabilities
incurred by you as a result of any monitoring activities.
Schwab may make available links from a Service to other, third-party sites or electronic
services providers that are not affiliated with Schwab. Schwab does not control
these other sites or services, and Schwab makes no representations or endorsements
whatsoever concerning those sites or services. The fact that Schwab has provided
a link to a site is not an endorsement, authorization, sponsorship, or affiliation
with respect to such site, its owners, or its providers. There are risks in using
any information, software, service or product found on the Internet, and Schwab
cautions you to make sure you understand these risks before retrieving, using, relying
upon, or purchasing anything via the Internet. You agre
DISCLAIMERS OF WARRANTIES
ALTHOUGH SCHWAB TRIES TO PROVIDE ACCURATE AND TIMELY INFORMATION THROUGH ITS SERVICES,
THERE MAY BE INADVERTENT TECHNICAL OR FACTUAL INACCURACIES AND TYPOGRAPHICAL ERRORS.
SCHWAB RESERVES THE RIGHT TO MAKE CHANGES AND CORRECTIONS AT ANY TIME, WITHOUT NOTICE.
THE INFORMATION PROVIDED THROUGH THE SERVICES IS PROVIDED "AS IS" AND "AS AVAILABLE."
SCHWAB DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION,
TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED IN THE SERVICES. SCHWAB PROVIDES
NO GUARANTEE AGAINST THE POSSIBILITY OF DELETION, MIS-DELIVERY OR FAILURE TO STORE
COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. SCHWAB EXPRESSLY DISCLAIMS
ALL LIABILITY FOR ERRORS OR OMISSIONS IN, OR THE MISUSE OR MISINTERPRETATION OF,
ANY INFORMATION CONTAINED IN THE SERVICES. SCHWAB MAY CHANGE INFORMATION CONTAINED
IN THE SERVICES AT ANY TIME AND MAKES NO COMMITMENT TO UPDATE THE INFORMATION CONTAINED
IN THE SERVICES. YOU ASSUME THE ENTIRE RISK AS TO THE USE OF THE SERVICES.
FURTHER, SCHWAB MAKES NO WARRANTIES REGARDING THE SERVICES. SCHWAB AND ITS AFFILIATES
AND AGENTS (INCLUDING THIRD-PARTY SERVICE PROVIDERS) DISCLAIM ALL WARRANTIES, EITHER
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY,
ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE
ABOVE LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM
STATE TO STATE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS
DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO YOUR COMPUTER OR OTHER ELECTRONIC SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM SCHWAB OR THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY
NOT EXPRESSLY STATED IN THESE TERMS.
LIMITATION OF LIABILITY AND INDEMNIFICATION
YOU AGREE TO INDEMNIFY AND HOLD SCHWAB AND ITS AFFILIATES, AGENTS, EMPLOYEES, AND
LICENSORS (INCLUDING THE THIRD-PARTY SERVICE PROVIDERS) HARMLESS FROM ANY CLAIM,
DEMAND, LOSS, COSTS OR EXPENSE, INCLUDING ATTORNEYS' FEES, MADE BY ANY PERSON ARISING
OUT OF YOUR VIOLATION OF THIS AGREEMENT, STATE OR FEDERAL SECURITIES LAWS OR REGULATIONS,
OR ANY OTHER PERSON'S RIGHTS, INCLUDING BUT NOT LIMITED TO INFRINGEMENT OF ANY COPYRIGHT
OR VIOLATION OF ANY PROPRIETARY OR PRIVACY RIGHT.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL SCHWAB
OR ITS AFFILIATES, AGENTS, EMPLOYEES, OR LICENSORS (INCLUDING THIRD-PARTY SERVICE
PROVIDERS) BE LIABLE FOR ANY DAMAGES OF ANY KIND THAT RESULT FROM THE USE OF, OR
THE INABILITY TO USE, ANY SERVICE, EVEN IF ANY SUCH PARTY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION
OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR
EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT WILL SCHWAB OR ITS THIRD-PARTY SERVICE PROVIDERS BE LIABLE TO YOU OR
ANY THIRD PARTY FOR ANY TORT, CONTRACT OR ANY OTHER LIABILITY ARISING IN CONNECTION
WITH THE USE OF A SERVICE, OR RELIANCE ON ANY INFORMATION OR SERVICES PROVIDED BY
SCHWAB. SCHWAB AND ITS THIRD-PARTY SERVICE PROVIDERS WILL UNDER NO CIRCUMSTANCES
BE LIABLE TO YOU AND/OR ANY THIRD PARTY, REGARDLESS OF THE FORM OF ACTION, FOR ANY
LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, OR ANY DIRECT,
INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER, EVEN
IF SCHWAB OR ITS THIRD-PARTY SERVICE PROVIDERS HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES;
(ii) THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY USER DATA, COMMUNICATIONS
OR PERSONALIZATION SETTINGS; (iii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED
OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICES;
(iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS
OR CONDUCT OF ANYONE ON THE SERVICES; (vi) THE USE, INABILITY TO USE, UNAUTHORIZED
USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY, EVEN IF THE THIRD PARTY
HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES; OR (vii) ANY OTHER
MATTER RELATING TO THE SERVICES. YOU AGREE THAT YOU WILL NOT IN ANY WAY HOLD SCHWAB
RESPONSIBLE FOR ANY SELECTION OR RETENTION OF, OR THE ACTS OR OMISSIONS OF, THIRD
PARTIES (INCLUDING THIRD-PARTY SERVICE PROVIDERS) IN CONNECTION WITH THE SERVICES.
Because some states prohibit the limitation of liability for consequential or incidental
damages, in such states the limitation of liability with respect to consequential
or incidental damages may not apply to you, and the respective liability of Schwab
and its Third-Party Service Providers, employees, distributors and agents is limited
to the greatest extent allowable under applicable law in those states.
In the event that a court or arbitration panel, as the case may be, should hold
that the limitations of liabilities or remedies available as set forth in this Agreement,
or any portions thereof, are unenforceable for any reason, or that any of your remedies
under this Agreement fail then you expressly agree that under no circumstances will
the total, aggregate liability of Schwab and its Third-Party Service Providers,
employees, distributors, agents or affiliates, to you or any party claiming by or
through you for any cause whatsoever exceed $100 (U.S.), regardless of the form
of action and whether in contract, statute, tort or otherwise.
RESTRICTIONS ON USE
Except as otherwise permitted by Schwab, no materials from the Services or any site
owned, operated, licensed or controlled by Schwab may be copied, reproduced, republished,
uploaded, posted, transmitted, or distributed in any way. You may download material
displayed on the Services for non-commercial, personal use. If you do so, you agree
to retain all copyright and other proprietary notices contained on the materials.
You may not use, distribute, modify, transmit, or post the content of the Services
for public or commercial purposes, including any text, images, audio, or video without
Schwab's written permission.
TRADEMARKS AND COPYRIGHTS
The Services are owned by Schwab or its affiliates or agents (including the Third-Party
Service Providers) and are protected by United States copyright laws and international
treaty provisions. All content, trademarks, services marks, trade names, logos,
and icons are proprietary to Schwab or its affiliates, licensors or agents (including
the Third-Party Service Providers). Other third-party products and brand names may
be trademarks or registered trademarks of their respective owners, and may not be
affiliated with Schwab. Nothing contained in the Services should be construed as
granting, by implication, estoppel, or otherwise, any license or right to use any
trademark displayed on the Services without the written permission of Schwab or
such third party that may own the trademarks displayed on the Services. Your use
of the trademarks displayed on the Services, or any other content in the Services,
except as provided herein, is strictly prohibited.
Images displayed through the Services are either the property of, or used with permission
by, Schwab. You are prohibited from using or authorizing the use of these images
unless specifically permitted under the SEOSA. Any unauthorized use of the images
may violate copyright laws, trademark laws, the laws of privacy and publicity, or
other regulations and statutes. Pursuant to Section 512(c)(2) of the Copyright Revision
Act, as enacted through the Digital Millennium Copyright Act of 1998, Schwab has
designated an agent to receive notifications of claimed infringement, as set forth
211 Main St.
San Francisco, CA 94105
If you believe Content available through the Site infringes a copyright, please
provide the following information to the person identified above (17 U.S.C. § 512):
- A physical or electronic signature of the copyright owner or authorized agent;
- Identification of the copyrighted work(s) claimed to have been infringed;
- Identification of the material that is claimed to be infringing or to be the subject
of the infringing activity and that is to be removed or access to which is to be
disabled, and information reasonably sufficient to permit us to locate the material;
- Information regarding how we may contact you (e.g., mailing address, telephone number,
- A statement that the copyright owner or its authorized agent has a good faith belief
that use of the material in the manner complained of is not authorized by the copyright
owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and made under
penalty of perjury, and, if an agent is providing the notification, a statement
that the agent is authorized to act on behalf of the owner of an exclusive right
that is allegedly infringed.
MODIFICATIONS, SUSPENSIONS AND TERMINATIONS OF SCHWAB SERVICES
Schwab reserves the right to modify or discontinue temporarily or permanently, a
Service (or any part thereof) with or without notice. You agree that Schwab will
not be liable to you or to any third party for any modification, suspension or discontinuance
of a Service. The license granted under the SEOSA will terminate if Schwab believes
that any information provided by you, including your e-mail address, is no longer
current or accurate, or if you fail to otherwise comply with any term or condition
of the SEOSA and all Rules and Guidelines for each Service. Upon such violation,
you agree to terminate access to the Services.
The SEOSA, and all future agreements you may enter into with Schwab, unless otherwise
indicated on such other agreement, will be governed by the law of the state of California,
without regard to conflicts of law principles thereof. This is the case regardless
of whether you reside or transact business with Schwab in California or elsewhere.
Unless a dispute would be governed by an applicable arbitration clause, you agree
to submit to the personal and exclusive jurisdiction of the courts located within
the City and County of San Francisco, California. If any part of the SEOSA is unlawful,
void or unenforceable, that part will be deemed severable and will not affect the
validity and enforceability of any remaining provisions.
Click "I agree" for Your Signature
As noted above in the Consent to Electronic Records section, by clicking "I agree"
you will be signing this Agreement with a binding electronic signature, and you
acknowledge that you have read and understood this Agreement's terms and conditions.