1. ACCEPTANCE OF TERMS
Welcome to TradeKing's Trader Network service (the "Service"). Your use of the Service is subject to these Terms of Service ("TOS"). TradeKing reserves the right to update and change the TOS from time to time without notice or acceptance by you. By using the Service, you ("You, "Your", "The User") signify your irrevocable acceptance of this TOS.
2. DESCRIPTION OF SERVICE
TradeKing's Service provides you with access to a collection of resources, including various communications tools, forums and personalized content. Upon registration, it provides you with a web site on or within the URL http://www.TradeKing.com (a "Site"). Each Trader Network Site shall have a limited amount of disc space, with such limits to be established by TradeKing in its sole and absolute discretion. The Service also includes tools that enable you to:
1) Create a personal and financial profile, including details about your financial and trading history, preferences and activities;
3) List securities you follow and favorite links;
4) See other Users' Sites;
5) Communicate with other Users via e-mail and private messaging;
6) Create and edit your own blog and comment on other Users' blogs;
7) Configure a RSS Newsreader to index and link to news and information residing on external websites;
8) Request TradeKing to certify your trading and investment history for inclusion in your Site or other parts of the Service.
The Service shall be provided to you free of charge. Unless explicitly stated otherwise, any new feature that augments or enhances the current Service, including the release of new tools and resources, shall be subject to the TOS. In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. You also understand and agree that the Service may include advertisements and that these advertisements are necessary for TradeKing to provide the Service. You also understand and agree that the service may include certain communications from TradeKing, such as service announcements and administrative messages, and that these communications are considered part of TradeKing membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new feature that augments or enhances the current Service, including the release of new TradeKing properties, shall be subject to the TOS. You agree not to access the Service by any means other than through the interfaces that are provided by TradeKing for use in accessing the Service.
In order to use certain parts of the Service, you must be a TradeKing customer or register and obtain a valid TradeKing ID. To register, you must provide TradeKing with certain personal information ("Registration Data"). You will choose a password and account designation for your Site during the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify TradeKing of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. TradeKing shall not be liable for any loss or damage arising from your failure to comply with this Section 3. In consideration of use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form, and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or TradeKing has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, TradeKing has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Users under 13 years of age are required to have a parent or guardian review and complete the registration process.
4. CANCELLATION AND TERMINATION
You may cancel your registration with or without cause at any time and effective immediately. After cancellation, you will no longer have access to your Site and all information contained therein may be deleted by TradeKing. TradeKing shall not accept any liability for such deleted information or content. You agree that TradeKing, in its sole discretion, may terminate your password, and/or account, and remove and discard any Content within the Service, for any reason, including and without limitation, the lack of use, or if TradeKing believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Any contracts, verbal or written or assumed, in conjunction with your deleted Site (as applicable) and all its parts, at TradeKing's discretion, will be terminated as well. TradeKing may also in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that TradeKing apart may immediately deactivate or delete your Site, as applicable, and all related information and files. TradeKing reserves the right to bar any further access to such files or the Service. You agree that TradeKing shall not be liable to you or any third-party for any termination of your access to the Service.
6. OWNERSHIP OF WEBSITE ACCOUNT AND SECURITY
You are responsible for maintaining the security of your account and Site, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the Site, including those of your Guests. You agree to immediately notify TradeKing of any unauthorized uses of the account or any other breaches of security. TradeKing cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will TradeKing be liable, in any way, for any acts or omissions by a Registered User or a Guest, including any damages of any kind incurred as a result of such acts or omissions.
7. CONTENT AND CONDUCT RULES AND OBLIGATIONS
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials ("Content") are the sole responsibility of the person from which such Content originated. This means that you, not TradeKing, are entirely responsible for all Content that you upload, post, transmit or otherwise make available via the Service. TradeKing does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity, quality or availability of such Content.
You understand that the content or any information included or posted to the service is provided for informational purposes only, and does not constitute a recommendation by TradeKing and/or its service and information providers to enter in any of the securities transactions or to engage in any of the investment strategies presented in such content or information. You understand that the Content may contain opinions from time to time with regard to securities and/or investment strategies, and that opinions in one section of the Content may be different from those in another section of the Content. You understand and agree that, although TradeKing requires all employees not to express any opinion with regard to securities and/or investment strategies, other registered users may write about securities and/or investment strategies in which they or their affiliates have a position, and that they may trade for their own account. You understand and agree that at the time of any transaction that you make, one or more registered users or their affiliates may have a position in the securities written about. You understand that performance data is supplied by sources believed to be reliable, that the calculations herein are made using such data, and that such calculations are not guaranteed by these sources, the information providers, or any other person or entity, and may not be complete. From time to time, reference may be made in the Content to previously published Content. These references may be selective, may reference only a portion of the previously published Content, and are likely not to be current. As markets change continuously, previously published information and data may not be current and should not be relied upon. All Content is presented only as of the date published or indicated, and may be superseded by subsequent market events or for other reasons. In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data. You acknowledge that TradeKing provides self-directed investors with discount brokerage services, and does not make recommendations or offer investment advice. You alone are responsible for evaluating the merits and risks associated with the use of TradeKing systems, services or products. You understand that all investments involve risk, losses may exceed the principal invested, and the past performance of a security, industry, sector, market, or financial product does not guarantee future results or returns. You acknowledge that you have read, understood and accepted the disclosures (located at Disclosures) and Terms and Conditions (located at Terms and Conditions) that apply to your use of TradeKing's website and services. You understand that for any questions or concerns regarding a particular trade, service or transaction related to a TradeKing investment account, you must contact TradeKing customer service directly.
You understand that certain regulations prevent TradeKing from publicly responding to individual customer issues. Complaints or grievances relative to a specific transaction or service of TradeKing posted on the Service will be removed immediately. For any questions or concerns regarding a particular trade, service or transaction, You must contact TradeKing customer service directly.
You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will TradeKing be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Service. You acknowledge that TradeKing does not pre-screen any Content, but that TradeKing and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. Without limiting the foregoing, TradeKing and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, availability or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by, or submitted to TradeKing. You acknowledge and agree that TradeKing may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of TradeKing, its users and the public. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Should Content be found or reported to be in violation with, but not limited to, the following terms, it will be in TradeKing's sole discretion as to what action should be taken. You agree that you will not:
(a) upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable;
(b) harm minors in any way;
(c) impersonate any person or entity, including, but not limited to, an official TradeKing forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
(e) upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(f) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party;
(g) upload, post, or transmit unsolicited commercial email or "spam" (including, but not limited to, unethical marketing, advertising, or any other practice that is in any way connected with "spam," such as sending mass email to recipients who haven't requested email from you or with a fake return address, (ii) promoting a site with inappropriate links, titles, descriptions, or (iii) promoting your site by posting multiple submissions in public forums that are identical);
(h) upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
(j) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
(k) "stalk" or otherwise harass another;
(l) collect or store personal data about other users of the Service;
(m) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals (including, without limitation, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices);
n) promote, offer for sale or sell
-any security, financial or investment product or service;
-item, good or service that violates any applicable federal, state, or local law or regulation, (ii) you do not have full power and authority under all relevant laws and regulations to offer and sell, including all necessary licenses and authorizations, or (iii) TradeKing or the Service and Information Providers determine, in their sole discretion, is inappropriate for sale;
(o) use the Forums as a forwarding service to another website.
(p) When discussing a particular company, stock or security, you will reveal any ownership interest in such company, stock or security.
If any user is reported to be in violation with the letter or spirit of these terms, TradeKing retains the right to terminate such account at any time without further warning.
8. ADDITIONAL SOFTWARE
With respect to any additional software that may be made available by TradeKing in connection with the Service, if you elect to download or access such additional software, you understand that you may have to agree to additional terms and conditions before you use such software.
9. INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
10. CONTENT SUBMITTED
TradeKing does not claim any ownership of the Content you place on your Site. By submitting Content to TradeKing for inclusion on your Site, you grant TradeKing a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your Site on TradeKing's Internet properties. This license exists only for as long as you continue to be a Registered User or Guest and shall be terminated at the time your Site is terminated. Unless you specify otherwise, by submitting Content to TradeKing for inclusion on your Site, you permit anyone to copy, distribute, display and perform your Content, royalty-free, on the condition that they credit your authorship each time they do so. Amongst other things, you permit RSS aggregators to copy, distribute, display and perform any Content on your blog that you syndicate using RSS. All Content on your blog is syndicated for RSS aggregation unless you change your settings to indicate otherwise. If you prefer to offer your Content on more restrictive terms, you may label your submission with a full copyright notice, i.e., your name, the word "copyright" or symbol "©" and the year of first publication.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that TradeKing shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because TradeKing does not have any control over such sites and resources, you acknowledge and agree that TradeKing is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that TradeKing shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
You agree to indemnify and hold TradeKing and its parents, subsidiaries, affiliates, directors, officers, agents, co-branders or other partners, employees and shareholders, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the TOS, or the infringement or violation by you of any intellectual property or other rights of any person or entity, whether you are a registered user or not. The User is solely responsible for his or her actions when using the Service, including, but not limited to, costs incurred for Internet access.
14. RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express permission by TradeKing.
15. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that TradeKing may establish general practices and limits concerning use of the Service and may modify such practices and limits from time to time.
16. MODIFICATIONS TO SERVICE
TradeKing reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. You agree that TradeKing shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
17. PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by TradeKing or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. TradeKing does not want to receive any confidential or proprietary information from you through the Service or by email. Unless otherwise agreed in writing by an authorized representative of TradeKing, any material, information or idea you transmit to TradeKing by any means may be disseminated or used by TradeKing, or its affiliates without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. However, this provision does not apply to Content (as defined herein), or to personal information that is subject to the privacy policies of TradeKing (located at Privacy and Security Statement).
18. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(A) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TRADEKING EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(B) TRADEKING WILL MAKE REASONABLE EFFORTS TO MAINTAIN THE SERVICE, HOWEVER, TRADEKING IS NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CUSTOMER INFORMATION OR VENDOR DATA, REVENUE, OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS OR OTHER ERRORS, UNAUTHORIZED USE DUE TO YOUR SHARING OF ACCESS TO THE SERVICE OR FAILURE TO PROPERLY PROTECT YOUR LOG IN INFORMATION, OR OTHER INTERACTION WITH THE SERVICE. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE SERVICE. TRADEKING DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(D) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
19. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TRADEKING SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, LOSS OF REPORTED EARNINGS, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TRADEKING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.
20. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 18 AND 19 MAY NOT APPLY TO YOU.
21. U.S. GOVERNMENT RESTRICTED RIGHTS
The materials on the Service are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the U.S. Government constitutes acknowledgment of TradeKing's proprietary rights in them, as applicable.
(a) Notices to you may be made via either email or regular mail.
(b) The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.
(c) The TOS and the relationship between you and TradeKing shall be governed by the laws of the State of Florida without regard to its conflict of law provisions.
(d) You and TradeKing agree to submit to the personal and exclusive jurisdiction of the courts located within Palm Beach County, Florida.
(e) The failure of TradeKing to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision.
(f) The TOS constitutes the entire agreement between you and TradeKing and govern your use of the Service, superseding any prior agreements between you and TradeKing (including, but not limited to, any prior versions of the TOS). You also may be subject to additional terms and conditions that may apply when you use affiliate or other TradeKing services, third-party content or third-party software.
(g) If any provisions of the TOS or incorporated documents are found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
(h) You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS to TradeKing by sending an e-mail to [email protected]
06/28/2007 Version 004