E*TRADE from Morgan Stanley Text Message Terms and Conditions

1. Agreement/Consent to Terms

By signing up for and subscribing to E*TRADE from Morgan Stanley Text Messages (the “Service”) and/or continuing to receive mobile text messages and alerts to your mobile (i.e., cellular telephone or other mobile device) number from Morgan Stanley and/or its affiliated companies (collectively, the “Company,” we” or “us”) without opting out, you accept and agree to be bound by these Terms and Conditions (“Terms”) and the Morgan Stanley U.S. Privacy Policy and Notice. You consent to receive automated promotional or informational texts and alerts as provided herein. Your continued receipt of mobile text messages/alerts is affirmation of your consent to these Terms and any changes.

These Terms supplement the E*TRADE from Morgan Stanley Client Agreement for Self-Directed Accounts (the “Self-Directed Account Agreement”), the Important Account Information for Self-Directed Accounts, and other relevant disclosures available on etrade.com. These Terms may be updated from time to time without prior notice to you. Accordingly, you also agree to review the Terms regularly and your continued use of the Service constitutes acceptance of the changes and an agreement to be bound by the Terms, as amended.

By using this Service, you further agree to be bound by the Pre-dispute Arbitration clause, as set forth in the Self-Directed Account Agreement at Section 12.

To see how the Company collects and uses your personal information, please see the Morgan Stanley U.S. Privacy Policy and Notice and the documents referenced therein, as applicable. To cancel your subscription to (or to “opt-out” from) the Service and to stop receiving messages/alerts, please see “How to Cancel Your Subscription” below. The Service is only available to US phone numbers.

2. Consent to Receive Automated Texts

By texting to 253781 and/or providing your mobile number and clicking the “I agree” button on our mobile registration website, you consent to receive automated mobile text (e.g., SMS and/or MMS or successor protocols or technologies) messages/alerts that may be sent using automated technology, including through an automatic telephone dialing system or autodialer, regarding offers and promotions for products or services associated with or offered by the Company, including any agents, vendors, affiliates, or other third parties, even if your mobile number is registered on any state or federal “Do Not Call” list. In this regard, you will receive SMS and/or MMS (or successor protocols or technologies) text messages or alerts with promotional content, including coupons, advertisements, events, polls, giveaways, downloads and information alerts from us or third parties. You also consent to receive informational and/or administrative messages or alerts from the Company that may be sent using automated technology, including through an automatic telephone dialing system or autodialer, regarding your account(s), trades, any transaction, and/or your relationship with us. You understand that you do not have to sign up for this Service in order to make any purchases or transactions with us, and your consent to receive automated texts or alerts is not a condition of any purchase of any goods or services from, or any transaction with, the Company. Your participation in the Service is completely voluntary. You also permit the Company to use location information (e.g., GPS) from your mobile device to send you text messages or alerts based on or tailored to your location.

3. Eligibility and Use Requirements

By subscribing to the Service, you confirm that you are over the age of 18 and the age of majority in your state of residence. You confirm and verify that you are the current subscriber and/or customary user of the mobile number registered and authorized to incur any message or data charges that may be charged by your carrier, and that the mobile number you provide when subscribing to the Service is true and accurate. You are strictly prohibited from registering a mobile number that is not your own. If we discover that any information provided in connection with your subscription is false or inaccurate, we may suspend or terminate your access to the Service at any time. The Service is only available to customers of select mobile carriers with compatible handsets.

4. How to Cancel Your Subscription (Opt-Out Instructions)

You may revoke consent to receive E*TRADE from Morgan Stanley Text Alerts and cancel your subscription to the Service at any time by texting STOP to any text message you receive or texting STOP to 253781. We may use different long or short codes for different messaging purposes, so texting STOP to one short code will not effectuate a stop request for all short codes to which you are subscribed. If you would like to stop messages from multiple short codes, text STOP to each short code to which you would like to unsubscribe. You consent to receive an additional text message thereafter confirming your opt-out request. Please allow up to thirty (30) days to process your opt-out request. It is your sole obligation to notify the Company that you do not want to receive mobile text messages or alerts. You waive any rights to bring claims for unauthorized or undesired text messages by failing to opt-out immediately or by failing to follow these opt-out instructions. Canceling your account or otherwise terminating your relationship with the Company will not automatically cancel your subscription to the Service or revoke your consent to receive text messages or alerts from the Company without following the opt-out instructions above. You cannot opt-out of the Service via email, telephone call, regular mail, or any other method.

5. HELP

You may text HELP to 253781 to receive assistance. Doing so shall not cancel your subscription to the Service or revoke your consent to receive messages/alerts.

6. Changes in Mobile Ownership/Unauthorized Use/Indemnification

If you relinquish ownership of the mobile number associated with your subscription, you agree to immediately notify the Company by texting STOP to 253781 or by calling us at 800-387-2331. You must also immediately notify the Company of any breach of security or unauthorized use of your mobile device or your mobile number by calling us at 800-387-2331. Calls to the Company may be monitored and/or recorded.  You consent to the monitoring and/or recording of these calls. You agree to indemnify the Company for any privacy, tort or other claims, including claims under the Federal Telephone Consumer Protection Act or its state law equivalent, relating to your provision of a mobile number that is not owned by you and/or your failure to notify the Company of any changes in mobile ownership or of any breach of security or unauthorized use. You agree to indemnify, defend and hold us harmless from and against any and all such claims, losses, liability, costs and expenses (including reasonable attorneys’ fees). We shall have the exclusive right to choose counsel, at your expense, to defend any such claims. Although the Company will not be liable for your losses caused by any unauthorized use of your mobile phone/device or number, you may be liable for the losses of the Company or others due to such unauthorized use. If you get a new mobile number, you will need to sign up your new number for the Service.

7. Costs

The Service is free, but message and data rates may apply from your carrier. Check your mobile plan and contact your mobile carrier for details. You are responsible for obtaining and maintaining all mobile devices and other equipment and software, and all internet service provider, mobile service, and other services needed to access and use the Service, and you are solely responsible for all charges related to them, including charges from your mobile carrier. You represent and warrant that you are authorized to incur such charges and acknowledge that the Company and our agents are not responsible for such charges.

8. Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE FOR INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE COMPANY’S WEBSITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE COMPANY’S SERVICE, FROM INABILITY TO USE THE COMPANY’S SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SERVICE OR ANY LINKS ON THE COMPANY’S WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SERVICE OR ANY LINKS ON THE COMPANY’S WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

9. Mandatory Pre-Dispute Procedure

You acknowledge and agree that before initiating any Claim against the Company, you will first give us an opportunity to resolve your problem or dispute. This includes sending a written description of your problem or dispute to us. You may send the written description to us only by U.S. Certified Mail, Return Receipt Requested, to E*TRADE from Morgan Stanley, Attention: Legal Department, 1633 Broadway, 30th Floor, New York, NY 10019. You agree to negotiate with the Company in good faith about your problem or dispute. If for some reason your problem or dispute is not resolved to your satisfaction within sixty (60) days after the Company’s receipt of your written dispute, you agree to the Arbitration Agreement and Disclosures at Section 12 in the Self-Directed Client Agreement.

10. Changes to Terms

Our Terms may be modified and/or we may cease offering the Service. YOU AGREE THAT WE MAY NOTIFY YOU OF OTHER TERMS BY POSTING THEM (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE SERVICE AFTER SUCH NOTICE CONSTITUTES YOUR AGREEMENT TO THE NEW TERMS.

11. General

No waiver of any of the provisions of these Terms shall be deemed or shall constitute a waiver of any other provisions. If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms, which shall otherwise remain in full force and effect. The Terms constitute the entire agreement between you and the Company and govern your use of the Service, superseding any prior agreements between you and the Company. These Terms and your relationship with the Company shall be governed by the laws of the State of New York, without regard to its conflict of law provisions.