E*TRADE from Morgan Stanley Screen Share Terms & Conditions

The Live Observation, CoBrowse, and ScreenShare services allow representatives to remotely connect to your computer or device to help resolve a question or issue. This Screen Share Agreement ("Agreement") governs your use of the Live Observation, CoBrowse, and/or ScreenShare services ("Services").

By clicking the "Accept" button and/or providing a representative with the five-digit system-generated passcode, you consent to the Services and expressly grant Morgan Stanley Smith Barney LLC (the "Company") permission to remotely connect to your computer or device and to monitor and/or record the screen activity and any communications between you and us for quality control or other permitted purposes.

You may end the Services at any time. The Services may also be ended by the representative.

Privacy

In order to assist you, the representatives will be able to access your computer or device and view your screen, which may include your account and personal information. We recommend that, before accepting the Services, you close any open applications or data that do not involve the Company's products or Services and that you remain at your computer or device throughout the Services. By consenting to the Services, you acknowledge that the Company has advised you of this, and you agree to hold the Company harmless of any confidential, non-Company data that may be seen or recorded while performing the Services.

No Warranties

The Company does not represent or warrant the accuracy, adequacy, completeness or timeliness of the Services. All Services are provided "As Is" and "As Available" without warranty of any kind, either express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, noninfringement and freedom from a computer virus.

It is your responsibility to back up your data on a regular basis, and the Company is not responsible for any data loss or changes to your computer that occur during or after the performance of the Services. In the event of a system failure or interruption, any transactions or document submissions that you initiated or were in the process of completing or completed before the system failure or interruption should be verified by you through means other than through the Service to ensure the accuracy and completeness of those transactions. You assume the risk of loss of your data during any system failure or interruption and the responsibility to verify the accuracy and completeness of any transactions so affected.

Waiver and Release of Claims; Indemnification

In consideration of performing the requested Services, you hereby waive and release any and all claims you may have or will have against the Company and its employees, agents, affiliates, officers, and directors relating to or arising out of any damage or loss of any nature whatsoever that results, directly or indirectly, from the Company providing, monitoring and/or recording the Services, including without limitation, loss of data and damage to your computer or device hardware, software and/or any related systems.

You agree to defend, indemnify, save and hold harmless the Company and its employees, agents, affiliates, officers, and directors from any and all third-party claims, demands, liability, costs or expenses, including reasonable attorney fees arising from or in any way relating to or arising out of any damage or loss of any nature whatsoever that results, directly or indirectly, from the Company providing, monitoring and/or recording the Services.

Termination

The Company may terminate all or part of this Agreement and your use of any or all of the Services for any reason and at any time with or without prior notice as the law requires. You agree that you will immediately stop using the Services upon our request.

All applicable provisions of this Agreement shall survive termination by either you or us, including, without limitation, provisions related to your liability, intellectual property, warranty disclaimers, limitations of liability, and indemnification.

Complete Agreement

This Agreement represents the sole and exclusive agreement between you and the Company regarding the Services and merges and supersedes all previous and contemporaneous written or oral agreements and understandings regarding the subject matter hereof. This Agreement may only be amended by a written agreement signed by authorized representatives of both parties.