Terms & Conditions
THIS SITE AND RELATED SERVICES ARE PROVIDED SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. IN CONTINUING TO ACCESS AND USE THIS SITE, YOU AGREE TO FOLLOW THESE TERMS AND CONDITIONS AS THEY MAY APPLY TO YOU. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PROMPTLY EXIT THIS SITE.
Restrictions on Use
All pages within this Web site and any material made available for download (collectively the "Site") are the property of Schwab Performance Technologies™ ("SPT") and/or its subsidiaries, affiliates, vendors, and licensors. These Terms and Conditions are in addition to any other agreement you may have with SPT, including any agreement governing your use of any SPT products or services. In the event of a conflict between these Terms and Conditions and any such separate agreements, the separate agreements shall govern. Certain areas of the Site and use of data, content, or services made available through the Site may be subject to additional terms and conditions provided in connection with those areas or use of the data, content, or services.
SPT hereby grants you a nonexclusive, non-transferable, license to use the Site solely for personal, non-commercial use. As a condition of your use of this Site, you warrant to SPT that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions. If you breach any of these Terms and Conditions, your authorization to use this Site automatically terminates.
Copies of These Terms and Conditions; Updates
You may print a copy of these Terms and Conditions using the print button or feature in your browser. We suggest retaining a copy for your future reference. You should be aware, however, that we may revise these Terms and Conditions at any time, and by your continued use of the Site agree to be bound by future revisions. It is your responsibility to periodically visit the "Terms and Conditions" link at the bottom of our home page to review the most current version of the Terms and Conditions. You may use your browser to print copies of any updated Terms and Conditions.
The Site is owned and operated by SPT (referred to as "SPT," "we," "us," or "our" herein). All services, content, data, information and other materials on or directly accessible from the Site are owned by SPT, its subsidiaries, affiliates, licensors and/or vendors. The Site is protected by United States and international copyright and trademark laws. Any rights not expressly granted by these Terms and Conditions or any other agreement with SPT are reserved by SPT and/or its vendors and licensors. Any copies that you make of material or other content provided through the Site must contain the same copyright and other proprietary notices that appear with the material or content.
Market and Other Investment Information
We may make available on the Site certain market and other investment information. This information may include financial market data, analyst opinions, quotes, relevant news, and research reports (the "Market Information"). In most instances, the Market Information is provided by our agents, vendors, and other suppliers. We make the Market Information available to you as a convenience, but do not guarantee its accuracy, timeliness, or completeness. Nor do we warrant or guarantee any results from your use of or reliance on the Market Information. You agree that SPT and its agents, vendors, and suppliers will not be liable in any way for any inaccuracy, delay, or unavailability of the Market Information. The Market Information is made available for your personal use and not for use in connection with any business or other enterprise.
No Investment Advice
The content provided on the Site including, but not limited to, the Market Information, is provided for your convenience and information. None of the content on the Site should be construed as investment, tax, financial, legal, or other advice. Nothing provided on the Site should be considered a solicitation, recommendation, endorsement, or offer by SPT or any of our agents, vendors, and suppliers to buy or sell any securities or other financial instruments. The content on the Site is not a replacement for your own judgment. You, alone, bear sole responsibility for evaluating the merits and potential risks of making decisions based on the content provided on the Site. You agree not to hold SPT or any of its agents, vendors, or suppliers liable for any damages that may arise from any decision or other action you make based on the content provided on the Site.
No Warranties; Disclaimer
THIS SITE, INCLUDING ANY MARKET INFORMATION, CONTENT, OR OTHER INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS" AND "AS-AVAILABLE" WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY K IND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND TITLE/NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND HYPERLINKED WEB SITES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SPT OR SPT'S AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF SPT'S OBLIGATIONS HEREUNDER.
Limitation of Liability
IN NO EVENT SHALL SPT AND ITS AFFILIATES, VENDORS, LICENSORS, AND OTHER THIRD PARTIES MENTIONED ON THIS SITE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOODWILL OR BUSINESS REPUTATION, BUSINESS INTERRUPTION, LOSS OF DATA, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF OR CONNECTED IN ANY WAY WITH THIS SITE, SITE-RELATED SERVICES AND PRODUCTS, CONTENT, OR FOR ANY CLAIM BY ANY THIRD PARTY, EVEN IF SPT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEB SITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Accuracy and Integrity of Information
Although SPT attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site, including the Market Information. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform SPT so that it can be corrected. Information contained on the Site may be changed or updated without notice.
You may not frame or utilize framing techniques to use, surround or enclose any portion of the Site without SPT's express written consent.
"Schwab Performance Technologies™," "Schwab Advisor Portfolio Connect" and "Schwab Advisor Mobile Connect" are the registered trademarks, trademarks, and service marks of SPT. All other trademarks, service marks, icons, and logos used in this Site are the trademarks, service marks or logos of their respective owners.
Your License to Us
Unless provided otherwise in a separate agreement with SPT, any communications or material of any kind that you e-mail, post, or transmit through the Site, including, questions, comments, suggestions, and other data and information (your "Communications") will be treated as non-confidential and non-proprietary. You grant SPT a non-exclusive, perpetual, irrevocable license to reproduce, transmit, display, disclose, and otherwise use your Communications on the Site or elsewhere for our business purposes. We are free to use any ideas, concepts, techniques, know-how in your Communications for any purpose, including, but not limited to, the development and use of products and services based on the Communications.
Links or Pointers to Other Sites
SPT makes no representations whatsoever about any other Web site that you may access through this Site. When you access a non-SPT site, please understand that it is independent from SPT, and that SPT has no control over the content on that Web site. In addition, a hyperlink to a non-SPT Web site does not mean that SPT endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
Pursuant to Section 512(c)(2) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Performance Technologies, Inc. designates an agent as described below, to receive notifications of claimed infringement:
Legal name and address of service provider:
Performance Technologies, Inc.
434 Fayetteville Street
Raleigh, NC 27601
Name under which service provider does business:
Performance Technologies, Inc.
Designated agent's address:
Charles Schwab & Co., Inc.
211 Main Street
San Francisco, CA 94105
Telephone, fax, and e-mail address of designated agent:
Choice of Law; Venue
These Terms and Conditions and performance hereunder will be governed by and construed in accordance with the laws of the State of California without reference to choice of law principles. You agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated exclusively in the state and federal courts located in San Francisco, California.
Except as provided below, these Terms and Conditions constitute the entire agreement between SPT and you pertaining to the subject matter hereof. In its sole discretion, SPT may from time-to-time revise these Terms and Conditions by updating this posting. You should, therefore, periodically visit this page to review the current Terms and Conditions, so you are aware of any such revisions to which you are bound. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages within this Site.