The TradeKing.com website (the "Service") may include or make available (1) account positions, balances, transactions, history; (2) general news and information, commentary, research reports and data concerning the financial markets, securities and other subjects; (3) market data such as quotations for securities transactions and/or last sale information for completed securities transactions reported in accordance with federal securities regulations; (4) financial and investment interactive tools, such as alerts or calculators; (5) access to blogs, wikis, online conferences, telecasts, podcasts, bulletin boards and other public forums; and (6) tax preparation, bill payment and account management tools (collectively, "Content"). Some of the Content is supplied by companies that are not affiliated with TradeKing ("Service and Information Providers"). Most Content from the Service and Information Providers is available through framed areas or through hyperlinks to the Service and Information Provider's web sites.
Content is provided on an "as is," "as available" basis, and neither TradeKing nor the Service and Information Providers make any representations as to the suitability of the service or the materials for any purpose. TradeKing and the Service and Information Providers expressly disclaim any and all warranties, express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose, title, noninfringement, availability and accuracy with respect to the service and the materials.
Content posted on the TradeKing website is published as of its stated date or, if no date is stated, the date of first posting. Neither TradeKing nor the Service and Information Providers have undertaken any duty to update any such information.
TradeKing provides self-directed investors with discount brokerage services, and does not make recommendations or offer investment advice of any kind.
You are solely responsible for evaluating the merits and risks associated with the use of any Content on the Web site before making any decisions based on such Content. You agree not to hold TradeKing or the Service and Information Providers liable for any possible claim for damages arising from any decision you make based on information made available to you through the Web sites.
The Content, investment products and services offered on the Web sites are intended for U.S. residents only. They shall not be considered a solicitation to any person in any jurisdiction where such solicitation would be illegal.
TradeKing does not prepare, edit, or endorse Content from Service and Information Providers. TradeKing does not guarantee its accuracy, timeliness, completeness or usefulness, and is not responsible or liable for any content, advertising, products, or other materials on or available from third party sites. Use of the Content from Service and Information Providers is at your own risk.
You will not hold TradeKing and/or Service and Information Providers liable in any way for (a) any inaccuracy of, error or delay in, or omission of the Content, or (b) any loss or damage arising from or occasioned by i) any error or delay in the transmission of such Content, ii) interruption in any such Content due either to any negligent act or omission by any party to any "force majeure" (e.g., 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), or iii) to any other cause beyond the reasonable control of TradeKing and/or Service and Information Provider, or iv) non-performance.
Any price quotes may be delayed twenty (20) minutes or longer, according to the rules and regulations applicable to exchanges and Service and Information Providers. Neither TradeKing nor the Service and Information Providers make any representations, warranties or other guarantees as to the accuracy or timeliness of any price quotes. Neither TradeKing nor the Service and Information Providers make any representations, warranties or other guarantees as to the present or future value or suitability of any sale, trade or other transaction involving any particular security or any other investment.
Content is provided exclusively for personal and noncommercial access and use. The TradeKing, or Service and Information Providers' company names and logos and all related product and service names, design marks and slogans are the property of the respective company or its affiliates. You are not authorized to use any such name or mark in any advertising, publicity or any other commercial manner. You may not modify, copy, distribute, publish, license or sell any Content or any derivative work based on the Content.
TradeKing and/or the Service and Information Providers may discontinue or modify any category of Content at any time. You release and agree to indemnify and hold harmless TradeKing and the Service and Information Providers for any loss or damages that may result.
By using the Web sites, you consent to any form of recording and retention of any communication, information and data exchanged between you and TradeKing or its representatives or agents.
TradeKing.com and the Service and Information Providers may provide access to blogs, wikis, online conferences, telecasts, podcasts, or other forums (the "Forums"). All communications made at or through the Forums are public. Neither TradeKing nor the Service and Information Providers screen, review, approve or endorse any Content obtained through the Forums. Reliance on the Content obtained through the Forums is at your own risk.
You will not access or otherwise use the Forums in any unlawful manner, for any unlawful purpose or in violation of these Terms and Conditions. Without limitation, you will not do any of the following:
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 of TradeKing or the Service and Information Providers, 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 material;
e) upload, post or otherwise transmit any material that I 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 material 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 i) 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 my 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;
i) 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 or item, good or service that i) 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; or
o) use the Forums as a forwarding service to another website.
When discussing a particular company, stock or security, you will reveal any ownership interest in such company, stock or security.
TradeKing and/or the Service and Information Providers may provide links to other World Wide Web sites or resources. Because neither TradeKing or the Service and Information Providers have any control over such sites and resources, you acknowledge and agree that neither TradeKing nor the Service and Information Providers are responsible for the availability of such external sites or resources, and do not endorse and are 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 neither TradeKing nor the Service and Information Providers shall 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 will indemnify and hold harmless TradeKing and the Service and Information Providers, licensors, employees, distributors or agents from and against any and all claims, demands, actions, causes of action, suits, proceedings, losses, damages, costs, and expenses, including reasonable attorneys' fees, arising from or relating to my access and/or use of, or interaction with the Content (including, without limitation, the Forums), or any act, error, or omission of my use of my account or any user of my account, in connection therewith, including, but not limited to, matters relating to incorrect, incomplete, or misleading information; libel; invasion of privacy; infringement of a copyright, trade name, trademark, service mark, or other intellectual property; any defective product or any injury or damage to person or property caused by any products sold or otherwise distributed through or in connection with the Service; or violation of any applicable law.
TradeKing may at any time revise the Terms and Conditions by updating this document. You agree to be bound by subsequent revisions and agree to review the Terms and Conditions periodically for changes. The most updated version of this document will always be available for your review under the "Terms and Conditions" link that appears at the bottom of the pages on the website.
11/10/2005 Version 001