TD Ameritrade on Google Assistant Terms of Use

June 26, 2019

OPTIONS TRADING DISCLOSURE

You must read and understand the following before proceeding. The TD Ameritrade on Google Assistant Service may contain options-related data. Options are not suitable for all investors as the special risks inherent to options trading may expose investors to potentially rapid and substantial losses. Options trading privileges are subject to TD Ameritrade, Inc. ("TD Ameritrade") review and approval. Please read Characteristics and Risks of Standardized Options before investing in options.

TD Ameritrade on Google Assistant Service Terms of Use

Your use of TD Ameritrade content and/or access to TD Ameritrade account information via Google Assistant on any Google Assistant-enabled device ("TDA Google Assistant") is governed by this Terms of Use. If you do not agree to these terms, do not use TDA Google Assistant. Use of TDA Google Assistant constitutes an acknowledgement of and agreement to these terms.

Use of TDA Google Assistant is subject to the TD Ameritrade Client Agreement, Privacy Statement, and other applicable agreements governing your account.

Google Access to Information. The use of TDA Google Assistant allows you to use any Google Assistant-enabled device, such as a Google Home or your laptop or cell phone, that is connected to your Google Assistant Profile to receive information from and/or interact with TD Ameritrade via voice. Google Assistant is a service of Google, and is enabled by Google's systems. If you sign in to your TD Ameritrade account with the TDA Google Assistant, Google Assistant will have access to your TD Ameritrade account information, and all Google Assistant-enabled devices associated with your Google Assistant Profile will have access to your TDA Google Assistant. Your interactions with TD Ameritrade through your Google Assistant Account could be recorded in part or whole by Google and such recordings may be provided in audio or written format to TD Ameritrade for retention with other account records. Please review your Google and Google Assistant agreements regarding how Google and your Google Assistant-enabled device(s) treat those interactions.

Account Security.Once an account is connected to TDA Google Assistant, TD Ameritrade treats all communications coming from and through TDA Google Assistant as originating from you or an authorized representative. For your convenience, TDA Google Assistant may keep you logged into your account unless you log out. It is your sole responsibility to ensure that any and all devices through which you access or enable your Google Assistant Profile and therefore your TDA Google Assistant are secured against unauthorized use or access. Additionally, you should be aware of your surroundings as verbal commands can be overheard by those nearby.

Voiceprint and Biometric Authentication. When enabled, TDA Google Assistant may use biometric authentication functionality (namely voiceprint recognition, but potentially also including fingerprint or facial geometry print recognition, etc.) provided by Google for authentication to your Google Assistant. If you elect to enable biometric authentication, any person whose biometric data is enrolled on your Google Assistant may be able to access your TDA Google Assistant and shall be considered to be an authorized user of your account. If there are people, such as children, who have biometric data enrolled in your Google Assistant authentication system whom you do not wish to have access to your account, please do not enroll in biometric authentication for the TDA Google Assistant. Biometric authentication is a function of Google Assistant and you should consult Google's documentation for more information. Biometric information is not shared with TD Ameritrade by Google, and TD Ameritrade does not retain any biometric information you may use to authenticate.

Accuracy. While TD Ameritrade and Google are constantly working to improve the voice recognition and command recognition ability of TDA Google Assistant, not all commands may be understood. You agree that TD Ameritrade and Google are not responsible for any inaccuracies that result from the use of TDA Google Assistant. In some cases, Google, and not TD Ameritrade, will control the presentation of your account data, which may differ from TD Ameritrade interfaces. If you are unsure about the accuracy of any information delivered by TDA Google Assistant, please confirm using the TD Ameritrade website or mobile application.

Availability of Services. TD Ameritrade does not guarantee that TDA Google Assistant will be available to you at a particular time and your access to TDA Google Assistant may, at times, be limited or unavailable. If TDA Google Assistant is not available, you must use another medium to conduct account activity. The ability of TD Ameritrade to act on account instructions, including trade orders, is dependent on Google's service availability. Because TD Ameritrade cannot guarantee the quality or reliability of Google services, TD Ameritrade will not be liable for the unavailability, delay, or failure of TDA Google Assistant to process account instructions.

Third party information. Some information provided by TD Ameritrade and/or Google through TDA Google Assistant has been independently obtained by third parties, various securities markets, such as stock exchanges and their affiliates, and through other outside sources ("Information"). The accuracy, completeness, timeliness or correct sequencing of the Information is not guaranteed by TD Ameritrade, the third parties or any parties transmitting the information. There may be delays, omissions or inaccuracies in the Information. The Information is not to be construed as an endorsement, recommendation, investment advice or an offer or solicitation to buy or sell securities of any kind but solely as a resource to you.

Ownership; Conditions for Use. TD Ameritrade and/or its licensors retain all right, title and interest in and to TDA Google Assistant. You acknowledge that TDA Google Assistant and any content, information and other materials provided through TDA Google Assistant are protected by copyright, trademark, trade secret, patent, moral rights, rights in data and databases, and other intellectual property and proprietary rights. You may only consume the content as intended through TDA Google Assistant, and may not copy, reproduce, modify, alter, translate, create derivative works of, distribute, lease, license, sublicense, transfer, or otherwise use such content, information or other materials in any way whatsoever. In addition, you will not reverse engineer or otherwise attempt to derive the source code, structure, design, or method of operation of TDA Google Assistant, or circumvent or overcome (or attempt to circumvent or overcome) any security feature or other technological protection measures designed to restrict access to TDA Google Assistant or content.

TD Ameritrade Network. TD Ameritrade Network is brought to you by TD Ameritrade Media Productions Company. TD Ameritrade Media Productions Company and TD Ameritrade, Inc. are separate but affiliated subsidiaries of TD Ameritrade Holding Corporation. TD Ameritrade Media Productions Company is not a financial adviser, registered investment advisor, or broker- dealer, and TD Ameritrade Network content should not be construed as an investment recommendation or advice.

REPRESENTATIONS AND WARRANTIES

TD AMERITRADE HEREBY DISCLAIMS, AND YOU HEREBY WAIVE ALL REPRESENTATIONS AND WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY, THE WARRANTY OF FITNESS FOR A PARTICULAR USE, WARRANTY AGAINST INTERFERENCE WITH ENJOYMENT OF THE INFORMATION OR AGAINST INFRINGEMENT, AND ANY AND ALL OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE INFORMATION OR ANY ASPECT OF TDA GOOGLE ASSISTANT. TDA GOOGLE ASSISTANT IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS, WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE AND EFFORT IS WITH YOU. SOME FUNCTIONS OF TDA GOOGLE ASSISTANT ARE SUBJECT TO ADDITIONAL LIMITATIONS AND DISCLAIMERS AS SET FORTH BELOW.

MARKET INFORMATION

Quotes for securities may be delayed up to 15 minutes. If you receive delayed quotes, it might be because you haven't signed the exchange agreements, which is required in order to receive streaming data. To sign the agreements, log in to your account at TDAmeritrade.com and go to Client Services > My Profile > General > Exchange Agreements. Even if you have signed exchange agreements, streaming data is not available in all Google services, including Google Quick Actions ("Excluded Services"). You understand that your use of Excluded Services may result in delayed quotes.

You understand that each participating national securities exchange or association asserts a proprietary interest in all of the market data it furnishes to the parties that disseminate the data. Within Google Assistant, quote data may be disseminated by TD Ameritrade and/or Google. 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, TD Ameritrade, for any inaccuracy, error message or any loss or damage arising from or occasioned by (i) any such inaccuracy, error, delay or omission; (ii) non-performance; or (iii) interruption of any such data, information or message, due either to any negligence 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 understand that the terms and conditions of this Agreement may be enforced directly against you by TD Ameritrade or by the national securities exchanges and associations providing the market data. Finally, you acknowledge that use of TDA Google Assistant through the Google may introduce additional delays in reporting market data as requests and responses are translated to and from vocal commands and responses, and that TD Ameritrade, Google and the national securities exchanges and associations shall not be liable in any way for such delays.

LIMITATION OF LIABILITY

In no event will TD Ameritrade, its affiliates, or any third party, be liable to you or anyone else for any consequential, incidental, special or indirect damages, including but not limited to lost profits, trading losses and/or damages that result from inconvenience, delay or loss of the use of TDA Google Assistant, even if TD Ameritrade, or any third party, have been advised of the possibility of such damages or losses. Neither TD Ameritrade, its affiliates, nor any third party shall be liable for any loss resulting from a cause over which such entity does not have direct control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, unauthorized access, theft, operator errors, severe weather, earthquakes and strikes or other labor problems. Some states do not allow limitations on how long implied warranties last, the exclusion or limitation of incidental or consequential damages, or the exclusion of certain implied warranties, so these disclaimers and limitations may not apply to you. Your rights may vary from state to state.

You are responsible for the confidentiality and use of user IDs/passwords, and other security data used in conjunction with TDA Google Assistant and the devices through which you access TDA Google Assistant. You agree that you will responsible for data transmitted, or products or services obtained through the use of your user ID/password or failure to secure your device(s) with TDA Google Assistant enabled, including in the case of unauthorized access by a third party.

NO OFFERS OR SOLICITATIONS

Nothing in these terms of use or TDA Google Assistant constitutes an offer or a solicitation for the purchase or sale of any security to any person or entity. All purchases and sales of securities must be made, and you agree will be made, through TD Ameritrade and subject to the terms and conditions of TD Ameritrade's agreement with you.

TD Ameritrade, Inc., member FINRA/SIPC. TD Ameritrade is a trademark jointly owned by TD Ameritrade IP Company, Inc. and the Toronto-Dominion Bank. ©2019 TD Ameritrade.