Online Addendum to Electronic Services Agreement
IMPORTANT INFORMATION ABOUT YOUR ACCOUNT
We appreciate your patience in reviewing and approving the following agreements. If you are an existing Schwab customer, you may have already seen these agreements in the past. At that time, Schwab recorded your agreement to these terms against each of your accounts. In order to continue to deliver market data provided by the New York Stock Exchange ("NYSE") and The NASDAQ Stock Market LLC ("NASDAQ") (collectively the "exchanges"), we are required to have you re-affirm your consent to these agreements as an individual. Upon completion of this process, you will have access to real time stock quotations. Thank you for your understanding and cooperation.
If you need immediate access to your account(s) to place a trade, or if you have questions not answered here, please contact us at 800-435-4000.
Please carefully read this short addendum and click-on the appropriate response box. When you finish, please indicate your understanding and agreement by "clicking" the "I agree" box at the end of the document. Doing so will automatically record your agreement into our files, as required by the exchanges.
You may print these agreements for your files or you can also access these and other agreements at any time using the "Agreements" link at the bottom of Schwab.com pages once you are logged in. We thank you again for your patience and cooperation.
Charles Schwab & Co., Inc. ("Schwab") makes "Information," including real-time market data such as quotations, available to you pursuant to the terms and conditions set forth in your account agreement(s) and the "Electronic Services Agreement" to which you have previously agreed (collectively the "Agreement"). This Addendum applies to your online receipt and use of Information provided to Schwab by (1) the NYSE, each Consolidated Tape Association participant, and each Consolidated Quotation participant, and (2) NASDAQ (collectively, the "Authorizing Entities").
1. NONPROFESSIONAL SUBSCRIBER DEFINITION
Solely for the purpose of Schwab's market data arrangements with the Authorizing Entities, "Nonprofessional Subscriber" means any natural person who is not:
- Registered or qualified with the Securities and Exchange Commission (the "SEC"), the Commodities Futures Trading Commission, any state securities agency, any securities exchange or association, or any commodities or futures contract market or association.
- Engaged as an "investment advisor" as that term is defined in Section 202(a)(11) of the Investment Advisor's Act of 1940 (whether or not registered or qualified under that Act).
- Employed by a bank or other organization exempt from registration under Federal and/or state securities laws to perform functions that would require him or her to be so registered or qualified if he or she were to perform such functions for an organization not so exempt, nor
- Using the market data for a business, professional or commercial purpose.
After carefully reading the above definition, please click on one of the boxes below.
Based on the above definition, I certify that I am a "Nonprofessional Subscriber."
Based on the above definition, I certify that I am a "Professional Subscriber."
3. PERMITTED USE
If you are a Nonprofessional Subscriber, you shall receive Information solely for your personal, non-business use.
4. ELECTRONIC SERVICES AGREEMENT
The terms and conditions of the Agreement shall govern this Addendum and your receipt of Information except that, in the event of a conflict, the terms of this Addendum shall govern. All terms defined in the Agreement shall have the same meaning in this Addendum.
5. NASDAQ STOCK MARKET LLC
The NASDAQ Stock Market LLC ("NASDAQ"), as an Authorizing Entity and Information Provider as defined in the Agreement, is a third party beneficiary of the terms of this Addendum and the Agreement as relates to Information Providers. To the extent you have any claims against or by NASDAQ (not involving Schwab) arising out of the Agreement or this Addendum, those claims shall be governed by and construed and enforced in accordance with the laws of the State of Maryland without reference to principles of conflicts of law, and you consent to submit to the jurisdiction of the courts of or for the State of Maryland in connection with any such claim.
ACCEPTED AND AGREED: I acknowledge that I have read the preceding terms and conditions, and that I understand, assent to, and agree to comply with, those terms and conditions.