You are granted a non-exclusive, personal, revocable, non- transferable license to use the Action on the 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 Google and/or any other the Third Party (as defined below), as applicable. You agree to use the Action, and all related software provided to you by Schwab, solely to access and use the services of Schwab and agree not to modify, decompile, reverse engineer, or create derivative works of the Action. You hereby represent and warrant (1) 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 (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
Using the Action to Interact with Schwab. In addition to these Terms, your use of the Action is also subject to Schwab's Privacy Notice and to your Schwab account agreement if you have a Schwab account (although the Action does not currently allow you to access or transact in your Schwab account). Schwab treats all communications coming from the Google Assistant through the Action as originating from you or an authorized representative of you regardless of who actually initiates the interaction or vocal command. You should be aware of your surroundings as vocal commands can be overheard by those nearby. You are responsible for vocal commands and other data transmitted, and products or services obtained, through the use of the Action, including in the case of any unauthorized access by a third party. You understand that Google anonymizes your user ID and information communicated through Google Assistant, and that this means that if you contact Schwab for support, Schwab will not know the interactions you have had with the Action in advance of your request for support.
Pilot Program. Schwab is making the Action available as an early-release pilot program to test the operation and effectiveness of the Action. You acknowledge that the Action is experimental and has not been fully tested and that your use of the Action may be interrupted and/or result in errors, such as failures in voice recognition and misunderstandings of vocal commands. You agree that Schwab and Google are not responsible for any inaccuracies that result from use of the Action. If you are unsure about the accuracy of any information delivered by the Action or interaction through using them, please contact Schwab to confirm via the Schwab website or mobile application. You understand that Schwab welcomes and may seek your feedback on the Action. All feedback provided by you shall be considered Schwab intellectual property and owned by Schwab.
Third Parties and Third Party Components. Google, your internet service provider, wireless carrier, and any other third parties who provide content or services that are part of, available through, or required to be used in order to use, the Action or future enhancements are referred to in these Terms as "Third Parties." Content and services contained in the Action and any future enhancements provided by Third Parties are referred to as "Third Party Components." The Third Parties are not parties to these Terms and they do not own and are not responsible for the Action. The Third Parties are not providing any warranty for the Action. 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 Action for purposes of your Schwab account(s), if you have one. Any inquiries or complaints relating to the use of the Action, including those pertaining to intellectual property rights, must be directed to the address provided in the "Copyright Notice" link on www.schwab.com. You acknowledge and agree that the Third Parties and their subsidiaries, are third party beneficiaries of these Terms and that, upon your acceptance of these Terms , they will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof. Third Party Components may be provided to you under terms and conditions which are different from these Terms or which require Schwab to provide you with certain notices and/or information. Schwab will identify any Third Party Components and their applicable terms and conditions, if any, here. Your use of each Third Party Component will be subject to those other terms and conditions. SCHWAB MAKES 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 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.
Information Provided Through the Action. Information provided through the Action ("Information") includes information that has been independently obtained by Third Parties, such as various securities markets, stock exchanges and their affiliates, and other outside sources. The accuracy, completeness, timeliness or correct sequencing of all Information is not guaranteed by Schwab, the Third Parties or any parties transmitting or providing the Information. There may be delays, omissions or inaccuracies in the Information. The Information is provided solely as a resource to you and is not intended, and should not to be construed as an endorsement, recommendation, investment advice or an offer or solicitation to any person or entity to buy or sell securities of any kind. You agree that any and all purchases and sales of securities must be made through Schwab by means other than the Action, and are subject to the terms and conditions of Schwab's agreement with you separate from these Terms.
Market Information. Market data made available to you through the Action is Information covered by the preceding paragraph of these Terms. In addition, you understand that each participating national securities exchange or association asserts a proprietary interest in all of the market data it furnishes to parties that disseminate the data. You also understand that neither any participating national securities exchange or association nor any supplier of market data guarantees the timeliness, sequence, accuracy or completeness of market data or any other market information or messages disseminated by any party. No disseminating party shall be liable in any way, and you agree to indemnify and hold harmless such party, including, but not limited, to Schwab, for any inaccuracy, error message or any loss or damage arising from or occasioned by (1) any such inaccuracy, error, delay or omission; (2) non-performance; or (3) interruption of any such data, information or message, due either to any negligent act or omission by any disseminating party or to any force majeure (i.e., flood, extraordinary weather conditions, earthquake or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications or power failure, equipment or software malfunction), technical, hardware or software malfunctions, lost or unavailable network connections, or failed, incomplete or delayed computer transmissions, or any other cause. You agree that these Terms regarding market data may be enforced directly against you by Schwab or by the national securities exchanges and associations providing market data. Finally, you acknowledge that use of the Action through the Google Assistant service may introduce additional delays in reporting market data as requests and responses are translated to and from vocal commands and responses (e.g., quotes are delayed 15 minutes), and that Schwab, Google and the national securities exchanges and associations shall not be liable in any way for such delays.
DISCLAIMER OF WARRANTIES. THE ACTIONS ARE PROVIDED ON AN "AS-AVAILABLE," "AS-IS" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SCHWAB AND ITS AFFILIATES, AGENTS, AND LICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE ACTIONS, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE. SCHWAB DOES NOT WARRANT THE ACTIONS WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE ACTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE ACTIONS CAN OR WILL BE CORRECTED.
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SCHWAB AND ITS 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, TRADING LOSSES, LOST DATA, AND BUSINESS INTERRUPTION, ARISING OUT OF THE USE OR INABILITY TO USE THE ACTIONS, 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 SCHWAB AND ITS AFFILIATES, AGENTS, AND LICENSORS UNDER THESE TERMS 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 (1) THE THIRD PARTIES DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, WITH RESPECT TO THE ACTIONS AND SCHWAB'S SERVICES IN CONNECTION WITH THE ACTIONS, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE; (2) 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 THESE TERMS, THE ACTIONS, OR SCHWAB'S SERVICES IN CONNECTION WITH THE ACTIONS, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES; (3) 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 (4) YOU WAIVE ANY AND ALL CLAIMS, NOW KNOWN OR LATER DISCOVERED, THAT YOU MAY HAVE AGAINST THE THIRD PARTIES ARISING OUT OF THE ACTIONS, SCHWAB'S SERVICES IN CONNECTION WITH THE ACTIONS, YOUR USE OF THE ACTIONS, AND THESE TERMS.
Copyrights, Trademarks, Etc. All content, trademarks (including but not limited to sound trademarks), services marks, trade names, logos, and icons are proprietary to Schwab, its affiliates, agents or licensors. You may not remove any proprietary notices (e.g., copyright and trademark notices) from the Action. Pursuant to Section 512(c)(2) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Charles Schwab & Co., Inc. designates an agent as described within the "Copyright Notice" link on www.schwab.com, to receive notifications of claimed infringement.
General. These Terms are 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 personal jurisdiction of those courts for purposes of any action or proceeding. These Terms, including your Schwab account agreement if applicable as provided above, constitute the entire understanding and agreement between you and Schwab with respect to the Action and supersede all prior or contemporaneous oral or written communications with respect to the subject matter of these Terms, all of which are merged in these Terms. These Terms may be modified, altered or amended only as provided above. In the event any provision of these Terms is found invalid or unenforceable pursuant to judicial decree, the remainder of these Terms will remain valid and enforceable according its provisions. Any failure by Schwab to strictly enforce any provision of these Terms 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 these Terms. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT IN THE EVENT ANY REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, ALL LIMITATIONS OF LIABILITY AND EXCLUSIONS OF DAMAGES WILL REMAIN IN EFFECT.