Institutional Intelligent Portfolios® Mobile Terms of Use

These Mobile Terms of Use (the "Agreement") are a binding legal contract between you (an individual or a legal entity), on the one hand, and either (a) your independent investment advisor ("Advisor", "we", "us" or "our") or (b) Charles Schwab & Co., Inc. ("Schwab"), depending on whether the services presented to you are Advisor Services or Schwab Services, as defined below. Advisor is independent of and not owned by, affiliated with or supervised by Schwab. When the term "Mobile Application" is used in this Agreement, it refers to, as relevant, the Advisor portion or the Schwab portion of the application. The Mobile Application is administered by Schwab Performance Technologies ("SPT"), an affiliate of Schwab, and not Schwab.

With respect to the Site, the services we provide ("Advisor Services") include, but are not limited to:

  • Serving you in your relationship with your Advisor and its Program, including recommending it and your enrollment and participation;
  • Determining you risk profile and investment objectives;
  • Construction, selection and ongoing management of your portfolio;
  • Ongoing monitoring of your participation in your Advisor's Program; and
  • All other services not defined as Schwab Services.

Services provided by Schwab ("Schwab Services") include, but are not limited to:

  • Opening and maintaining your brokerage account in which your Program portfolio will be held, which includes custody of your Program assets and executing transactions initiated by Advisor related to your Program.

Advisor is not the provider of the Schwab Services and has no liability for those services. Similarly, Schwab is not the provider of Advisor’s Services and has no liability for those services.

Advisor Services and Schwab Services are together referred to as "Services" or "services."

By downloading, installing, accessing or using the accompanying software (the "Mobile Application"), you will be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, Advisor and Schwab are not willing to grant you any right to use or access the Mobile Application. In that event, you may not download, install, access, use or copy the Mobile Application.

The Mobile Application is made available by Advisor for use by its clients, and prospective clients, under the following terms and conditions:

This Agreement is a contract between you and, as applicable, both Advisor and Schwab, depending on whether the services presented to you are Advisor Services or Schwab Services, as defined above. Your wireless carrier, the manufacturer and retailer of the mobile device on which you install the Mobile Application, the developer of the operating system for your mobile device, and the operator of any application store or similar service through which you obtain the Mobile Application (collectively, the "Third Parties") are not parties to this Agreement and they do not own and are not responsible for the Mobile Application. The Third Parties are not providing any warranty for the Mobile Application. They are 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 Mobile Application for purposes of your Schwab account(s). Any inquiries or complaints relating to the use of the Mobile Application, including those pertaining to intellectual property rights, must be directed to the address provided in the "Copyright Notice" link on https://institutionalintelligent.schwab.com.

You acknowledge and agree that the Third Parties and their subsidiaries are third-party beneficiaries of this Agreement and that, upon your acceptance of the terms and conditions of it, they will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.

The Mobile Application was built for the most current, generally available version of your mobile device’s operating system, and compatibility issues may be encountered when using older versions. Wireless network coverage and Wi-Fi network speed varies by provider and geographic location. Neither Advisor nor Schwab are responsible for limitations and/or failures in performance associated with any wireless or Wi-Fi service used to access this Mobile Application or for the security of any wireless or Wi-Fi service.

There are no additional fees for using the Mobile Application. However, your mobile device carrier may charge you for data network usage.

Scope of License
You are granted a non-exclusive, personal, revocable, non-transferable license to use the Mobile Application on the mobile device for which it is provided and that you own or control, subject to any terms of service, usage rules, or other terms and conditions provided by the Third Parties.

You agree to use the Mobile Application, and all related software provided to you by us or Schwab, solely to access and use our and Schwab’s services included in the Mobile Application (the "Services") and agree not to modify, decompile, reverse engineer, or create derivative works of the Mobile Application. Except as otherwise required by applicable law or regulation, we and Schwab, as applicable, at any time, in each in their sole discretion and without prior notice, may (i) terminate your use and license of the Mobile Application; (ii) expand, reduce or suspend the type and/or dollar amounts of transactions allowed using the Mobile Application; (iii) change the enrollment process and transaction limits associated with it; (iv) update, revise, or modify the Mobile Application; or (v) discontinue support for the Mobile Application.

The Mobile Application is licensed by us, and we then make it available to your to use, and is not sold. It is owned by SPT and its affiliates, agents or licensors and is protected by United States copyright laws and international treaty provisions. Except for the limited license expressly granted in this Agreement, SPT and its affiliates, agents or licensors reserve all right, title, and interest in and to the Mobile Application. All content, trademarks, service marks, trade names, logos, and icons are proprietary to Schwab and its affiliates, agents or licensors or your Advisor. You may not remove any proprietary notices (e.g., copyright and trademark notices) from the Mobile Application. Pursuant to Section 512(c)(2) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Schwab Performance Technologies and Charles Schwab & Co., Inc. designate an agent as described within the "Copyright Notice" link on https://institutionalintelligent.schwab.com to receive notifications of claimed infringement.

You hereby represent and warrant that (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.

Mobile Application Updates
We or Schwab may require you to update your version of the Mobile Application at any time. While every effort will be made to retain your personal settings and preferences, there is still the possibility that they may be lost.

Dropped Connections or Disabled Features
It is possible that a wireless connection or function may not be available when using the Mobile Application 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 a representative at the telephone number provided in the "Contact Us" section of the Mobile Application. As an Advisor Services client you can also contact us, your Advisor.

Privacy/Security
Use of the Mobile Application involves the electronic transmission of information across the networks of your wireless service provider. Because neither we nor Schwab operate or control the wireless networks used to access your account(s), neither we nor Schwab are 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. For additional information about privacy and security, review the "Privacy" and "SchwabSafe®" links located within the Mobile Application, as well as our privacy policy.

Disclaimer of Warranties
THE MOBILE APPLICATION AND SERVICES ARE PROVIDED ON AN "AS-AVAILABLE," "AS-IS" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ADVISOR AND SCHWAB AND THEIR AFFILIATES, AGENTS, AND LICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE MOBILE APPLICATION AND SERVICES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER SCHWAB NOR YOUR INVESTMENT ADVISOR WARRANT THE MOBILE APPLICATION AND SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE MOBILE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE MOBILE APPLICATION AND SERVICES CAN OR WILL BE CORRECTED.

Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ADVISOR, SCHWAB OR THEIR RESPECTIVE AFFILIATES, AGENTS, AND LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, INDIRECT OR DIRECT DAMAGES, OR ANY OTHER DAMAGES, WHICH SHALL INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA AND BUSINESS INTERRUPTION, ARISING OUT OF THE USE OR INABILITY TO USE THE MOBILE APPLICATION OR SERVICES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT [INCLUDING NEGLIGENCE], OR OTHERWISE). IN ANY CASE, THE ENTIRE LIABILITY OF ADVISOR, SCHWAB OR THEIR RESPECTIVE AFFILIATES, AGENTS, AND LICENSORS UNDER THIS AGREEMENT FOR ALL DAMAGES OF EVERY KIND AND TYPE (WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT [INCLUDING NEGLIGENCE], OR OTHERWISE) SHALL BE LIMITED TO FIVE DOLLARS ($5.00).

YOU AGREE (I) THE THIRD PARTIES DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, WITH RESPECT TO THE MOBILE APPLICATION AND SERVICES IN CONNECTION WITH THE MOBILE APPLICATION, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE; (II) IN NO EVENT WILL THE THIRD PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (WHETHER IN CONTRACT, TORT [INCLUDING NEGLIGENCE], OR OTHERWISE) ARISING OUT OF THIS AGREEMENT, THE MOBILE APPLICATION, OR SERVICES IN CONNECTION WITH THE MOBILE APPLICATION, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES; (III) IN ANY EVENT, THE MAXIMUM LIABILITY OF ANY THIRD PARTY FOR ALL CLAIMS (WHETHER IN CONTRACT, TORT [INCLUDING NEGLIGENCE], OR OTHERWISE) OF EVERY KIND WILL NOT EXCEED FIVE DOLLARS ($5.00); AND (IV) YOU WAIVE ANY AND ALL CLAIMS, NOW KNOWN OR LATER DISCOVERED, THAT YOU MAY HAVE AGAINST THE THIRD PARTIES ARISING OUT OF THE MOBILE APPLICATION, SERVICES IN CONNECTION WITH THE MOBILE APPLICATION, YOUR USE OF THE MOBILE APPLICATION, AND THIS AGREEMENT.

Institutional Intelligent Portfolios® Brokerage Account Agreement Terms
You understand that your use of the Mobile Application to access your brokerage account(s) is governed by the Electronic Services Agreement, which is part of your Schwab One® Account Agreement and your Institutional Intelligent Portfolios Brokerage Account Agreement. In addition to those agreements and disclosures, you acknowledge and agree to the following additional terms that are unique to the Mobile Application:

  1. Urgent Notifications: Schwab or your Investment Advisor may post a notification on the Mobile Application to alert you to various issues relating to your account(s), the Mobile Application and market conditions. You agree that you will read any notification and will be deemed to have knowledge of any such notification.

Mobile Deposit Terms

  1. Service. You can use the Mobile Deposit function of the Mobile Application (the “Deposit Service”) to capture images of checks ("Checks" and "Check") and then transmit those images and other data to Schwab electronically for deposit to certain eligible brokerage accounts. The Checks will then either be processed electronically or converted to paper substitute checks ("Substitute Checks") based on the information you provide. 
      
  2. Security Procedure. Schwab may provide you with one or more identification numbers, passwords, and/or other means of identification and authentication (collectively, "Password") to access the Deposit Service. Schwab will provide you with online instructions on how to use the Deposit Service. You agree to review the online instructions at https://institutionalintelligent.schwab.com. You agree to: (a) comply with the online instructions; (b) take reasonable steps to safeguard the confidentiality and security of your Password; (c) refrain from disclosing your Password to others; (d) notify Schwab immediately if you have any reason to believe the security or confidentiality required by this provision has been or may be breached; and (e) immediately change your Password if you know or suspect that the confidentiality of the Password has been compromised in any way. Schwab’s security procedure is designed to verify your identity. Schwab will not be obligated to detect errors by you, even if Schwab takes certain actions from time to time to do so. You are responsible for all activities conducted using your Password.

    Schwab may elect, at its discretion, to verify the authenticity or content of any transmission by placing a call to any owner or authorized signer on your account(s). Schwab may deny access to the Deposit Service without prior notice if it is unable to confirm to our satisfaction any person's authority to access the Deposit Service or if it believes such action is necessary for security reasons. You agree to be responsible for any transmission or transaction Schwab receives through the Deposit Service, even if it is not authorized by you, provided it includes your Password or is otherwise processed by Schwab in accordance with our security procedure. Each time you transmit Check images and other information to Schwab, you agree that Schwab's security procedures are commercially reasonable (based on the normal size, type, and frequency of your transactions).
     
  3. Using the Service. You agree to: (a) install the Mobile Application and implement any changes or upgrades to the Mobile Application that Schwab may require; (b) follow Schwab’s Deposit Service instructions for capturing and transmitting Check images and other information to Schwab; (c) view each Check as it is scanned to ensure that the images (front and back) are being captured properly; and (d) if requested, provide Schwab with the original Checks that are not destroyed and still within your possession (or sufficient copies of the Checks) within five business days of Schwab’s request. A "sufficient copy" of a Check is a paper reproduction of an original Check that accurately represents all of the information on the front and back of the original Check as of the time the image was transmitted to Schwab by means of this Deposit Service. You agree not to transfer, deposit, negotiate, or otherwise use any Check (or a copy of any Check) once Schwab confirms its receipt by Schwab through the Deposit Service. Once you transmit a Check to Schwab, you agree to safeguard the original Check and any copies of it against access by others. 
     
  4. Endorsements and Procedures. You agree to: (a) ensure that all Checks transmitted through the Deposit Service are made payable to the name of the account holder or trust; (b) endorse the back of all Checks that you transmit to Schwab through this Deposit Service with your signature; (c) conspicuously and indelibly mark on the top half of the front of all Checks "ELECTRONICALLY PRESENTED" immediately after you receive electronic notice or you view in your transaction history that the Checks are posted to your account; (d) retain original Checks for 14 days after the Checks are posted to your account; and (e) securely destroy the original Checks 14 days after the Checks are posted to your account. 
     
  5. Limits for Check Deposits. Schwab reserves the right to impose limits on the amount(s) and/or the number of Checks that you deposit and transmit through the Deposit Service. The dollar limit per calendar day will be displayed to you when you use the Deposit Service. The calendar day is 00:00:00 through 23:59:59 ET. Schwab may modify these limits from time to time, and if Schwab permits you to exceed the limits Schwab may cease doing so at any time without notice or cause. 
     
  6. Certain Checks Not Permitted. You may use the Deposit Service only to deposit original paper Checks that are made payable to the name of the account holder or trust. You may not use the Deposit Service to deposit: 
     

    • Checks payable to others (even if endorsed over to you); 
    • Demand drafts or remotely created Checks (i.e., Checks lacking the original signature of the person authorizing the Check);
    • Substitute Checks (i.e., paper Checks created from an electronic image); 
    • Checks that are irregular in any way (e.g., where the numerical and written amounts are different); 
    • Checks that have previously been returned unpaid for any reason;
    • Checks that are not dated, are postdated, or are more than six months old;
    • Checks drawn on a foreign bank or payable in a foreign currency; 
    • Checks transmitted from an OFAC-restricted country; 
    • Checks payable to "Cash"; 
    • Traveler’s checks; 
    • Registered government warrants; 
    • Checks you suspect may be fraudulent or not properly authorized; or 
    • Checks that exceed the deposit limits that Schwab establishes for the Deposit Service.

    Schwab's processing of any of the Checks described above shall not obligate it to continue that practice, and Schwab may stop doing so without cause or prior notice.

    Schwab may refuse any Check for deposit, with or without cause, or may elect to take a Check on a collection basis only. If Schwab accepts a Check for collection, Schwab will send it to the institution upon which it is drawn, but will not credit your account for the amount until Schwab receives the funds from the other institution. If Schwab elects to credit your account before then, Schwab may charge the amount back against your account if Schwab does not receive payment for any reason. Please see your Schwab One® Account Agreement for other terms related to deposits.

    New Accounts. When you submit a new account application through the Mobile Application, Schwab will review your application in accordance with Schwab’s normal procedures. After Schwab successfully completes USA PATRIOT Act verification, Schwab will deposit the check you submitted with your application into that account. Until then, Schwab will not negotiate or deposit your check. Once Schwab deposits your check, the funds will be made available to you in accordance with the time frames set forth in the terms and conditions of the Schwab One Account Agreement. 
     
  7. Your Representations. You represent and warrant the following with respect to each Check that you transmit through the Service:  

    1. You have the legal right to accept the Check for deposit and negotiation, regardless of the name of the payee shown on the Check.
    2. The images and information that you transmit accurately represent all of the information on the front and back of the original Check, including (without limitation) all endorsements, at the time of transmission.
    3. You have not taken any action that would obscure, alter, or impair the capture or transmission of information on the front or back of the Check or that otherwise may prevent Schwab or another bank from capturing or processing such information.
    4. You make all warranties that would otherwise apply to the Check if it had been a paper item deposited with Schwab. For example, you warrant that the Check has not been altered and that you have a right to enforce the Check.
    5. You make all encoding, transfer, presentment, and other warranties that Schwab, or any correspondent bank Schwab uses, are deemed to provide to others (e.g., as a reconverting bank) under any law, regulation, operating circular, clearinghouse rule, or image exchange network rule or agreement to which Schwab is a party.
    6. No Check will be presented for deposit or payment more than once.
    7. The Check is not prohibited by Section 7 of these Terms and Conditions.
    8. You will only use the Service for lawful purposes and in compliance with the online instructions and applicable law.
    9. You will not submit files containing malicious code.
     
  8. Hours of Operation. The Deposit Service can be utilized 24 hours a day, seven days a week, except when Schwab’s system is unavailable due to needed maintenance or system outages. Deposit information submitted by you on or after 4:00 p.m. local time within the contiguous United States (from outside of the contiguous United States, cut-off time may be as early as 4:00 p.m. ET), or on a Saturday, Sunday, or federal holiday, may be deemed received by us as of the next business day. Schwab is not responsible for the unavailability of the Deposit Service or any damages that may result from its unavailability. If the Deposit Service is not available for any reason or Checks cannot be processed by means of the Deposit Service, you may deposit the Checks at any of Schwab’s branches or by mail.  
     
  9. Confirmations. Schwab will provide you with an electronic confirmation and reference number at the end of each transmission, confirming its receipt of your Check image and deposit information. This confirmation does not imply that the transmission was error-free or complete. If you do not receive a confirmation and reference number, it may mean that Schwab did not receive your transmission or that there was a problem with some of the information. If Check information received by Schwab is not complete and otherwise unusable for any reason, Schwab may reject the Check, notwithstanding any confirmation by Schwab of its receipt, and charge the amount credited back against any provisional credit to your account. 

    When your Check deposit has been posted to your account, you will receive an email receipt. The deposit will be shown in your account in the online deposit history and on your account statement. You agree to verify that your deposits have been correctly posted to your account each day and to notify Schwab immediately of any discrepancy.
     
  10. Funds Availability. If Schwab confirms its receipt of your deposit information on a business day before our cut-off hour, Schwab will consider that day to be the day of your deposit; otherwise, your Check will be considered deposited as of the next business day. Schwab will make funds from your Check deposits available to you in accordance with the time frames and in the amounts set forth in your Schwab Account Agreement. Schwab may elect to extend the hold period for any reason and will notify you if Schwab does so. If the maker of a Check or another third party makes a claim against Schwab or seeks a re-credit with respect to any Check processed through this Deposit Service, Schwab may provisionally freeze or hold aside a like amount in your account pending our investigation and resolution of the claim. Schwab also may charge or offset any of your accounts for any Check that is returned, whether or not the return is timely or proper. If a Check is returned to Schwab for any reason, Schwab may return it to you in the form of a Substitute Check. If you decide to redeposit the returned item, you may only redeposit the returned item Schwab provides you, not the original Check. 
     
  11. Charges for the Service. You agree to pay all taxes, tariffs, and assessments levied or imposed by any government agency in connection with the Deposit Service, the Terms and Conditions, and/or the Mobile Application made available to you (excluding any income tax payable by Schwab). You are solely responsible for the cost of any telephone service charges, network connection fees, communication lines, and other charges payable to third parties.  
      
  12. Mobile Deposit Limitation of Liability. Schwab’s liability and your remedy for actual costs and losses resulting from Schwab’s failure to process Checks in accordance with the Terms and Conditions shall not exceed the direct money damages that you incur as a result of Schwab’s failure. Schwab will not be responsible for any loss, delay, cost, or liability which arises, directly or indirectly, in whole or in part, from: (a) your actions or omissions, or those of third parties who are not within Schwab’s immediate and reasonable control; (b) your negligence or breach of any agreement with Schwab; (c) any ambiguity, inaccuracy, or omission in any information provided to Schwab; (d) any error, failure, or delay in the transmission or delivery of data, records, or Checks due to a breakdown in any computer or communications facility; (e) accidents, strikes, labor disputes, civil unrest, fire, flood, water damage (e.g., from fire suppression systems), or acts of God; (f) causes beyond Schwab’s reasonable control; (g) Schwab’s inability to confirm to Schwab’s satisfaction the authority of any person to act on your behalf; (h) your failure to provide Schwab with complete and correct Check images and data in accordance with the Terms and Conditions and Schwab’s Deposit Service instructions; (i) the return of any Check by the institution upon which it is drawn; (j) the unavailability of the Deposit Service for any reason; (k) any information that is lost, intercepted, or destroyed during its transmission to Schwab; or (l) limitations placed on transactions by the Federal Reserve, clearinghouses, or exchange network rules or guidelines. Although Schwab may attempt to detect errors in your instructions (e.g., you send an image of the same Check to Schwab twice), Schwab assumes no liability for failing to do so.

    If the Service becomes unavailable, please contact Schwab for alternative deposit options.

    Schwab will not be responsible under any circumstances or under any legal theory for special, indirect, or consequential damages, including (without limitation) any loss of profits, opportunity, or goodwill that you incur as a result of Schwab’s actions or omissions, even if Schwab is aware of the possibility for such damages. 

    Any claim, action, or proceeding by you to enforce the Terms and Conditions or to recover for any Deposit Service-related loss must be commenced within one year (two years if your account is maintained in Texas) from the date that the event giving rise to the claim, action, or proceeding first occurs. You agree to cooperate with Schwab in any loss recovery efforts Schwab undertakes to reduce any loss or liability that arises in connection with the Deposit Service.  
     
  13. Indemnification. You will indemnify, defend, and hold Schwab, its vendors, and the licensors of the Mobile Application harmless against any and all actions, proceedings, liabilities, losses, costs (including attorneys’ fees), penalties, fines, and claims, including (without limitation) warranty claims, that result from or arise in connection with: (a) Schwab’s processing of Checks in accordance with the Terms and Conditions; (b) your actions or omissions, including your breach of any representation or failure to comply with the Terms and Conditions; (c) any modifications or changes you make to the Mobile Application without Schwab’s written consent; (d) any misuse of the Application by you; (e) your failure to comply with applicable state and federal laws and regulations; (f) actions by third parties, such as the introduction of a virus, that delay, alter, or corrupt the transmission of Check images or information to Schwab; or (g) any claim by a recipient of a Substitute Check (corresponding to a Check processed through the Deposit Service) that the recipient incurred a loss due to (i) the receipt of a Substitute Check instead of the original Check, or (ii) multiple payments with respect to the same original Check, based on any combination of the original Check, the Substitute Check, and/or any paper or electronic copy of either.
     
  14. Notices. You agree to notify Schwab immediately if you discover: (a) any error or discrepancy between your records and the information Schwab provides to you about your accounts or transactions (e.g., in a statement, confirmation, or electronic report); (b) unauthorized transactions involving any account; (c) a breach in the confidentiality of your Password; or (d) other problems related to the Deposit Service. Schwab may provide notices to you at your account address, electronically via the Deposit Service, or at the email address Schwab shows in its Deposit Service records. You must have an email address on file at Schwab.com in order to enroll in and use the Deposit Service. The email address you use for this Deposit Service must be current and will be used for both your Schwab brokerage and Schwab Bank (if applicable) mobile deposits. To change your email address on file, log in to Schwab.com or contact Schwab for assistance.  
     
  15. Compliance. You agree not to conduct any transactions that would violate the laws of any state or the United States.

Third-Party Software
The Mobile Application and future enhancements may contain certain third-party components ("Third-Party Components") provided to you under terms and conditions which are different from this Agreement, or which require us or Schwab to provide you with certain notices and/or information. We and Schwab will identify Third-Party Components and their applicable terms and conditions here. Your use of each Third-Party Component will be subject to those other terms and conditions. ADVISOR AND SCHWAB MAKE NO WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, WITH REGARD TO ANY THIRD-PARTY COMPONENTS. ALL THIRD-PARTY COMPONENTS ARE PROVIDED "AS IS," WITHOUT WARRANTIES OF ANY KIND. IN NO EVENT WILL ADVISOR OR SCHWAB BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE THIRD-PARTY COMPONENTS, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

Cookies on Your Mobile Device
Two (2) cookies are deployed upon installing and activating the Mobile Application. They are:


  1. Mobile Session Cookie. This cookie is used to maintain your session and is strictly necessary. It is not a persistent cookie.  
     
  2. Mobile Device Identifier. This cookie is used for security and is strictly necessary. It is also used to store information when you elect to use Multitasking and Notifications. This cookie will only be used for Multitasking and Notifications if you elect to use Multitasking or any of the Notifications by switching the appropriate radio button(s) in Settings to ON. This cookie will persist while the appropriate buttons are set to ON and will be removed when you set them to OFF.

For the cookies that are strictly necessary for the Mobile Application to work, you are agreeing to their use by agreeing to this Agreement and by using the Mobile Application. To the extent permitted by applicable law, there is no prior consent required and the only way to revoke your consent is to uninstall the Mobile Application. For Multitasking and Notifications, your prior consent is required. These features will remain off and no cookies will be set unless you consent to their use to support this functionality by setting Multitasking and/or any of the Notifications to ON. These cookies are persistent cookies.

"Cookies" are small text files that will be placed in your mobile device’s browser to store your preferences. Each website or application can send its own cookie to your browser if your browser’s preferences allow it. In order to protect your privacy, however, your browser only permits a website to access the cookies it has already sent to you and not the cookies sent to you by other websites. You do have control over cookies. Most browsers can also be set to refuse to accept or disable cookies, although this will impact your experience with Schwab websites and applications. You can also erase cookies that are already on your mobile device. For more information about working with cookies, you should consult your user manual or the "help" function of your specific browser and operating system software.

Messaging
As part of the Mobile Application, you may receive push notifications, text messages, alerts, or other types of messages sent to you outside or inside the Mobile Application ("Push Messages"). You have control over the Push Messages settings, and can opt in or out of these Push Messages through the Mobile Application or through your device’s operating system (with the exception of Urgent Notifications described above). Please be aware that messaging fees may apply depending on the message plan you have with your wireless carrier. Advisor and Schwab disclaim all liability for Push Messages sent erroneously due to technical failures or errors.

Agreement
To log in to the Mobile Application, you must accept this Agreement. By tapping "Accept," you will confirm your understanding, acceptance, and receipt of this Agreement, and you will acknowledge and demonstrate that you can access the Agreement on your mobile device. If your account is a joint account, you also affirm that all joint account holders have accepted this Agreement. If your account is a revocable living trust account, you also affirm that any co-trustees have accepted this Agreement. This is required in order to access your account(s) via the Mobile Application. An electronic record of your agreement will be created. Thank you for your time and cooperation.

Changes to the Agreement
We or Schwab may revise this Agreement at any time, and you agree to be bound by future revisions. It is your responsibility to visit the Agreements section of the Mobile Application to review the most current terms and conditions.

General
This Agreement is governed by and construed in accordance with the laws of the State of California, as applied to agreements entered into and wholly performed within the State of California between California residents. Any action or proceeding brought by either party hereto shall be brought only in a state or federal court of competent jurisdiction located in San Francisco, California, and the parties submit to the personal jurisdiction of those courts for purposes of any action or proceeding. This Agreement and the related terms referenced above constitute the entire understanding and agreement between Advisor and Schwab on the one hand and you on the other with respect to the transactions described in this Agreement and supersede all prior or contemporaneous oral or written communications with respect to the subject matter of this Agreement, all of which are merged in this Agreement. Except as provided above, this Agreement may not be modified, amended or in any way altered except by an instrument in writing signed by authorized representatives of both parties. In the event any provision of this Agreement is found invalid or unenforceable pursuant to judicial decree, the remainder of this Agreement will remain valid and enforceable according to its terms. Any failure by us or Schwab to strictly enforce any provision of this Agreement will not operate as a waiver of that provision or any subsequent breach of that provision. The disclaimers and limitations of liability will survive any termination or expiration of this Agreement. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT IN THE EVENT ANY REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED IN ITS ESSENTIAL PURPOSE, ALL LIMITATIONS OF LIABILITY AND EXCLUSIONS OF DAMAGES WILL REMAIN IN EFFECT.

Risk Disclosure: Transactions over the Internet may be subject to interruption, transmission blackout, delayed transmission due to Internet traffic or incorrect data transmission due to the public nature of the Internet.

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