E*TRADE Text Message Terms and Conditions

Effective Date: December 30, 2019

1. Agreement/Consent to Terms.

By signing up for and subscribing to E*TRADE Text Messages (also the “Service”) and/or continuing to receive mobile text messages and alerts to your mobile (i.e., cellular telephone or other mobile device) number from the Company without opting out, you agree to be bound by these Terms and Conditions (“Terms”), and you consent to receive automated promotional or informational texts and alerts as provided herein. Your continued receipt of mobile text messages/alerts is affirmation of your consent to these Terms and any changes. To see how the Company collects and uses your personal information, please see our Privacy Statement. To cancel your subscription to (or to “opt-out” from) the Service and to stop receiving messages/alerts, please see “How to Cancel Your Subscription” below. The Service is only available to U.S. phone numbers.

2. Consent to Receive Automated Texts.

By texting to 253781 and/or providing your mobile number and clicking the “I agree” button on our mobile registration website, you consent to receive automated mobile text (e.g., SMS and/or MMS or successor protocols or technologies) messages/alerts that may be sent using automated technology, including through an automatic telephone dialing system or autodialer, regarding offers and promotions regarding products or services associated with or offered by E*TRADE and the E*TRADE family of companies (including E*TRADE Financial Corporation, E*TRADE Securities LLC, E*TRADE Futures LLC, E*TRADE Capital Management, LLC, E*TRADE Financial Corporate Services, Inc., E*TRADE Bank and E*TRADE Savings Bank), including any E*TRADE agents, vendors, affiliates, or other third parties (collectively, “E*TRADE,” the “Company”, “we” or “us”), even if your mobile number is registered on any state or federal “Do Not Call” list. In this regard, you will receive SMS and/or MMS (or successor protocols or technologies) text messages or alerts with promotional content, including coupons, advertisements, events, polls, giveaways, downloads and information alerts from us or third parties. You also consent to receive informational and/or administrative messages or alerts from the Company that may be sent using automated technology, including through an automatic telephone dialing system or autodialer, regarding your account(s), trades, any E*TRADE transaction, and/or your relationship with E*TRADE.  You understand that you do not have to sign up for this Service in order to make any purchases or transactions with E*TRADE, and your consent to receive automated texts or alerts is not a condition of any purchase of any goods or services from, or any transaction with, the Company. Your participation in the Service is completely voluntary. You also permit the Company to use location information (e.g., GPS) from your mobile device to send you text messages or alerts based on or tailored to your location.

3. Eligibility and Use Requirements.

By subscribing to the Service, you confirm that you are over the age of 18 and the age of majority in your state of residence. You confirm and verify that you are the current subscriber and/or customary user of the mobile number registered and authorized to incur any message or data charges that may be charged by your carrier, and that the mobile number you provide when subscribing to the Service is true and accurate. You are strictly prohibited from registering a mobile number that is not your own. If we discover that any information provided in connection with your subscription is false or inaccurate, we may suspend or terminate your access to the Service at any time. The Service is only available to customers of select mobile carriers with compatible handsets.

4. How to Cancel Your Subscription (Opt-Out Instructions).

You may revoke consent to receive E*TRADE Text Alerts and cancel your subscription to the Service at any time by texting STOP to any text message you receive or texting STOP to 253781. We may use different long or short codes for different messaging purposes, so texting STOP to one short code will not effectuate a stop request for all short codes to which you are subscribed. If you would like to stop messages from multiple short codes, text STOP to each short code to which you would like to unsubscribe. You consent to receive an additional text message thereafter confirming your opt-out request. Please allow up to thirty (30) days to process your opt-out request. It is your sole obligation to notify the Company that you do not want to receive mobile text messages or alerts. You waive any rights to bring claims for unauthorized or undesired text messages by failing to opt-out immediately or by failing to follow these opt-out instructions. Canceling your E*TRADE account or otherwise terminating your relationship with the Company will not automatically cancel your subscription to the Service or revoke your consent to receive text messages or alerts from the Company without following the opt-out instructions above.  You cannot opt-out of the Service via email, telephone call, regular mail, or any other method.

5. HELP.

You may text HELP to 253781 to receive assistance. Doing so shall not cancel your subscription to the Service or revoke your consent to receive messages/alerts.

6. Changes in Mobile Ownership/Unauthorized Use/Indemnification.

If you relinquish ownership of the mobile number associated with your subscription, you agree to immediately notify the Company by texting STOP to 253781 or by calling us at 800-387-2331. You must also immediately notify the Company of any breach of security or unauthorized use of your mobile device or your mobile number by calling us at 800-387-2331. Calls to the Company may be monitored and/or recorded.  You consent to the monitoring and/or recording of these calls. You agree to indemnify the Company for any privacy, tort or other claims, including claims under the Federal Telephone Consumer Protection Act or its state law equivalent, relating to your provision of a mobile number that is not owned by you and/or your failure to notify the Company of any changes in mobile ownership or of any breach of security or unauthorized use. You agree to indemnify, defend and hold us harmless from and against any and all such claims, losses, liability, costs and expenses (including reasonable attorneys’ fees). We shall have the exclusive right to choose counsel, at your expense, to defend any such claims. Although the Company will not be liable for your losses caused by any unauthorized use of your mobile phone/device or number, you may be liable for the losses of the Company or others due to such unauthorized use. If you get a new mobile number, you will need to sign up your new number for the Service.

7. Costs.

The Service is free, but message and data rates may apply from your carrier. Check your mobile plan and contact your mobile carrier for details. You are responsible for obtaining and maintaining all mobile devices and other equipment and software, and all internet service provider, mobile service, and other services needed to access and use the Service, and you are solely responsible for all charges related to them, including charges from your mobile carrier. You represent and warrant that you are authorized to incur such charges and acknowledge that E*TRADE, our agents, and affiliates are not responsible for such charges.

8. Limitation of Liability.

UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE COMPANY’S SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE COMPANY’S SERVICE, FROM INABILITY TO USE THE COMPANY’S SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SERVICE OR ANY LINKS ON THE COMPANY’S WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE  SERVICE OR ANY LINKS ON THE COMPANY’S WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

9. Mandatory Pre-Dispute Procedure.

You acknowledge and agree that before initiating any Claim against the Company, you will first give us an opportunity to resolve your problem or dispute. This includes sending a written description of your problem or dispute to us. You may send the written description to us only by U.S. Certified Mail, Return Receipt Requested, to General Counsel, E*TRADE Financial Corporation, 671 North Glebe Road, Arlington, VA 22203, ATTN: LEGAL DEPARTMENT. You agree to negotiate with the Company in good faith about your problem or dispute. If for some reason your problem or dispute is not resolved to your satisfaction within sixty (60) days after the Company’s receipt of your written dispute, you agree to the dispute resolution provisions below.

10. Arbitration Agreement and Class Action Waiver.

YOU AGREE THAT ANY CLAIM MUST BE RESOLVED THROUGH ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU ALSO AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. Any claim that all or part of this class action waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.

Any dispute or claim arising out of or relating to the Service of any kind shall be settled by binding arbitration. You and the Company waive the right to go to court and agree to submit any claims to arbitration. This arbitration provision is governed by and enforceable under the Federal Arbitration Act (the “FAA”), 9 U.S.C. §§ 1-16, as amended. However, you and the Company both retain the right to pursue in a small claims court any claim that is within that court’s jurisdiction and proceeds on an individual (non-class) basis. You agree that regardless of any statute or law to the contrary (i.e., applicable statutes of limitations), any claim must be filed and submitted to arbitration within one (1) year after such claim arose or be forever barred.

The arbitration shall be administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules. Please contact the AAA for a copy of the rules. For your convenience, arbitration may be conducted in the federal district where you reside. It may be held by telephone or through written submissions if both you and the Company agree. Any award rendered shall include a written opinion and shall be final, subject to appeal under the FAA. This provision survives termination of your subscription or relationship with the Company. If the class action waiver is deemed unenforceable, then this entire arbitration provision shall be rendered null and void.

YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN 30 DAYS FROM SIGN-UP OR THE FIRST MOBILE MESSAGE OR ALERT RECEIVED (WHICHEVER IS FIRST) BY WRITING TO General Counsel, E*TRADE Financial Corporation, 671 North Glebe Road, Arlington, VA 22203, ATTN: LEGAL DEPARTMENT. ANY SUCH WRITING MUST BE SENT TO E*TRADE VIA U.S. CERTIFIED MAIL AT THE FOREGOING ADDRESS, RETURN RECEIPT REQUESTED.

11. Changes to Terms.

Our Terms may be modified and/or we may cease offering the Service. YOU AGREE THAT WE MAY NOTIFY YOU OF OTHER TERMS BY POSTING THEM (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE SERVICE AFTER SUCH NOTICE CONSTITUTES YOUR AGREEMENT TO THE NEW TERMS.

12. General.

No waiver of any of the provisions of these Terms shall be deemed or shall constitute a waiver of any other provisions. If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms, which shall otherwise remain in full force and effect. The Terms constitute the entire agreement between you and the Company and govern your use of the Service, superseding any prior agreements between you and the Company. These Terms and your relationship with the Company shall be governed by the laws of the State of New York, without regard to its conflict of law provisions.