Alerts Service Terms and Conditions
1. Terms – General
Please read the Terms as it contains important information regarding the use of this Service.
This Service has been issued for and on behalf of customers of Morgan Stanley Smith Barney LLC ("MSSB") and its affiliated companies including Morgan Stanley Private Bank, National Association, E*TRADE Financial Corporate Services, Inc., and E*TRADE Futures LLC, (together, the “Company”). The information contained herein should not be construed as an offer, or a solicitation of an offer, to buy, sell, or hold any security, commodities future, futures option, or investment.
Your relationship with the Company is governed by these Terms, as well as additional agreements or disclosures that the Company provides to you in connection with the products and services provided, including, but not limited to, the E*TRADE from Morgan Stanley Client Agreement for Self-Directed Accounts and the Morgan Stanley Private Bank Deposit Account Agreement (together, the “Agreements”). The Terms should also be read in conjunction with any terms, conditions or disclaimers provided on etrade.com.
By using this Service, you further agree to be bound by the Arbitration provisions and Disclosures as set forth in the Agreements.
2. The Service
The Service may include or make available alerts related to your account, symbols, quotes, news stories and other materials or information (collectively, “Content”). Some of the Content is supplied by companies that are not affiliated with the Company (“Information Providers”).
The Company does not prepare, edit, or endorse Content from Information Providers. The Company does not guarantee its accuracy, timeliness, completeness or usefulness, and is not responsible or liable for any content, advertising, products, or other materials on or available from third party applications. Use of the Content from Information Providers is at your own risk. The Company and/or the Information Providers may discontinue or modify any category of Content at any time. You release and agree to indemnify and hold harmless the Company and the Information Providers for any loss or damages that may result from using or relying on this Content.
The Company makes no claims that the Content is appropriate or may be downloaded outside of the United States of America. Access to the Content may not be legal by certain persons or in certain countries. If you access the Service from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Content posted on the Service is published as of its stated date or, if no date is stated, the date of first posting. Neither the Company nor the Information Providers have, or have undertaken, any duty to update any such information.
For market or quote information, the alert will include a statement that the quote reflects data at the time alert was triggered, and the Company makes no representation as to the timeliness of the information, and you understand that such information may be delayed. The Company does not guarantee the delivery of an electronic communication and the Company shall not be responsible for any losses or missed opportunities incurred by you due to the delay or non-delivery of an electronic communication through this Service. Message and information delivery times cannot be, and are not, guaranteed by the Company or its Information Providers. Some of the Company’s Information Providers may have specific operating hours (e.g., market hours only) and therefore, the information used to detect when an alert has been triggered may not be available during non-operational hours.
Based on the type of alert and your account preferences, the Service provides for delivery to your Alert Inbox on etrade.com or your mobile platform; your personal email address(es); and/or SMS messaging. If you check for alerts on a wireless device, then the alert will appear as a short-format message. Account alerts, which may convey information about your account, trading activity and banking transactions, that you elect to send to your personal email address(es) may be traveling through an unencrypted medium and may be accessed, used or misappropriated by unintended third-party recipients.
You cannot opt out of this Service for certain alerts sent to your Alert Inbox. However, you may choose to opt out of this Service for certain alerts that are sent to your personal email address(es). You may be required to agree to separate terms and conditions if you elect to receive alerts via SMS messaging.
Based on the type of alert and your account preferences, the alert may automatically expire once sent, may be triggered at most once per day, or may only be sent during regular market hours (9:30 a.m. EST to 4:00 p.m. EST), among other things.
Neither the Company nor its Information Providers shall be liable for any errors or delays in the content of any electronic communication provided through this Service, or for any actions taken by you, or any third-party, in reliance thereon. Facts and other information discussed on etrade.com, or transmitted by electronic communication through the Service have been obtained from sources considered reliable, but are not guaranteed to be reliable, and neither the Company nor its affiliates makes any representation or warranty as to the accuracy or completeness, or continued availability of this information, and such information should not be relied upon as such. Such information is inherently subject to change without notice and may become dated. You should therefore verify any information obtained from this Service before you act upon it.
4. Privacy Notice
5. Use Restrictions
Content is legally protected, including without limitation, by federal and state copyright laws. Title to the Content remains with the Company and/or the Information Providers. Any use of the Content not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
The Company authorizes you to view and download the Content solely for your own lawful, personal, non-commercial use. Any such download or use of the Content shall retain copyright and proprietary rights notices which are contained in the Content. Except as stated herein, none of the Content may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior written permission of the Company or its licensors. The use of the Content on any other website, application or in a networked computer environment for any purpose other than expressly stated is prohibited. All rights not expressly granted herein are reserved to the Company and its licensors. If you violate any of these Terms, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
You may not use the Service for any purpose that is unlawful or prohibited by these Terms. You may not use the Service in any manner that could damage, disable, overburden, or impair the Service, or interfere with any other party’s use and enjoyment of the Service. You may not attempt to gain unauthorized access to the Service through hacking, password mining, or any other means. The Company reserves the right, in its sole discretion, to terminate your access to the Service, or any portion thereof, at any time, for any reason or for no reason at all, without prior notice or any notice.
6. Third Party or External Websites or Resources
The Service may include links to third party or external websites or resources over which the Company has no control and no affiliation. These links are provided solely as a convenience to users and should not be construed as an endorsement by the Company of content on those third party or external websites or resources. Your access and use of such websites or resources is solely at your own risk. The Company is not responsible for the third party or external website content and makes no representations or warranties with respect to the content, ownership, or legality of any such linked third party website.
7. Your Account
If you use the Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. The Company reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
8. Disclaimers of Warranties and Liability
A. THE COMPANY, ITS EMPLOYEES, AGENTS, REPRESENTATIVES AND ASSOCIATES DO NOT REPRESENT OR IMPLY ANY PERFORMANCE LEVEL, RESULTS OR GUARANTEES IN RELATION TO THE OPERATION OF THE SERVICE AND THE COMPANY DOES NOT MAKE ANY CLAIM THAT THE USE OF THE SERVICE WILL RESULT IN A PARTICULAR PROFIT OR PREVENT ANY LOSS FOR A USER.
B. THE COMPANY AND ITS EMPLOYEES, AGENTS, REPRESENTATIVES AND ASSOCIATES DO NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION OR ANALYSIS ON THIS SERVICE. THERE MAY BE OMISSIONS OR INACCURACIES ON THIS SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, COMPLETENESS, TIMELINESS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OF THIS SERVICE AND MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATION OR WARRANTY REGARDING THE INFORMATION CONTAINED HEREIN. THE COMPANY SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGES ARISING OUT OF, OR IN CONNECTION WITH, YOUR USE OF THIS SERVICE OR ANY INFORMATION DISPLAYED ON THIS SERVICE.
C. IN NO EVENT SHALL THE COMPANY BE LIABLE TO ANY PARTY FOR ANY DAMAGES INCLUDING WITHOUT LIMITATION, ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, OR LOSS OF SAVINGS), OR ANY OTHER DAMAGES ARISING, IN ANY WAY, OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO UTILIZE THIS SERVICE, EVEN IF THE COMPANY SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSIONS OF CONSEQUENTIAL DAMAGES MAY NOT APPLY TO YOU, BUT SHALL APPLY, IN ANY EVENT, TO THE MAXIMUM EXTENT POSSIBLE.
D. YOUR ABILITY TO ACCESS THIS SERVICE MAY, FROM TIME TO TIME, BE DELAYED AND/OR INTERRUPTED DUE TO SCHEDULED AND/OR UNSCHEDULED CAUSES. THIS SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTY OF ANY KIND. NO WARRANTY IS MADE THAT THE FUNCTIONS OR SERVICES PERFORMED BY THE USER IN CONNECTION WITH THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. THE USER EXPRESSLY AGREES THAT USE OF THIS SERVICE IS AT ITS OWN RISK. THE COMPANY WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT COULD RESULT FROM INTERCEPTION BY THIRD PARTIES OF ANY INFORMATION MADE AVAILABLE TO YOU, OR PROVIDED TO THE COMPANY BY YOU VIA THIS SERVICE.
E. THE COMPANY DOES NOT WARRANT OR GUARANTEE THAT ANY INFORMATION AVAILABLE ON OR THROUGH THIS SERVICE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING, CONTAMINATING OR DESTRUCTIVE PROPERTIES. IT IS THE SOLE RESPONSIBILITY OF THE USER TO ISOLATE SOFTWARE AND INFORMATION, EXECUTE ANTI-CONTAMINATION SOFTWARE, AND OTHERWISE TAKE STEPS SO THAT SOFTWARE OR INFORMATION, IF CONTAMINATED OR INFECTED, WILL NOT DAMAGE USER'S INFORMATION OR SYSTEM.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR ANY OF THEIR THIRD PARTY SERVICE PROVIDERS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY TORT, CONTRACT OR ANY OTHER LIABILITY ARISING IN CONNECTION WITH THE USE OF THE SERVICE, OR RELIANCE ON ANY INFORMATION OR SERVICES PROVIDED BY THE COMPANY, INCLUDING, BUT NOT LIMITED TO, ANY CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, TRADING LOSSES AND/OR DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY OR LOSS OF THE USE OF THE SERVICE, EVEN IF THE COMPANY, ITS AFFILIATES, OR THEIR THIRD PARTY SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. NEITHER THE COMPANY, ITS AFFILIATES, NOR ANY OF THEIR THIRD PARTY SERVICE PROVIDERS 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.
10. Allocation of Risk
In addition to the limitations on liability contained elsewhere in these Terms and the Agreements, you will not hold the Company, its affiliates, their respective partners, officers, employees, agents, licensors, distributors, and suppliers and/or Information Providers liable in any way for (a) any inaccuracy of, error or delay in, or omission of the Content, or (b) any loss or damage arising from or occasioned by i) any error or delay in the transmission of such Content, ii) interruption in any such Content due either to any negligent act or omission by any party to any “force majeure” as described in the Agreements, iii) to any other cause beyond the reasonable control of the Company, its affiliates, their respective partners, officers, employees agents, licensors, distributors, and suppliers and/or Service and Information Provider, or iv) non-performance.
You will indemnify and hold harmless the Company, its affiliates, their respective partners, officers, employees agents, licensors, distributors, and suppliers and the Information Providers from and against any and all claims, demands, actions, causes of action, suits, proceedings, losses, damages, costs, and expenses, including reasonable attorneys’ fees, arising from or relating to your (i) violation of these Terms; or (ii) access and/or use of, or interaction with the Service and/or Content (including, without limitation, the forums); or (iii) any act, error, or omission of your use of an account or any user of your account, in connection therewith.