TERMS AND CONDITIONS OF WEBSITES AND APPLICATIONS SERVICE
1. ACCEPTANCE OF TERMS
These terms apply to the use of all websites owned by TradeKing Group, Inc. and its affiliates, including TradeKing Securities LLC, TradeKing Forex LLC, TradeKing Advisors, Inc., TradeKing Media LLC, and TraderOS (collectively "TradeKing"). Your use of the TradeKing websites ("The Service"), including your use of TradeKing's Trader Network, TraderOS, and all TradeKing online tools, is subject to these TERMS AND CONDITIONS. TradeKing reserves the right to update and change the TERMS AND CONDITIONS from time to time without notice or acceptance by you. By using the Service, you ("You", "Your", "The User") signify your irrevocable acceptance of these TERMS AND CONDITIONS.
2. DESCRIPTION OF SERVICE
The Service may include or make available the following (collectively, "Content"):
(a) account positions, balances, transactions, history;
(b) general news and information, commentary, research reports and data concerning the financial markets, securities and other subjects;
(c) market data such as quotations for securities transactions and/or last sale information for completed securities transactions reported in accordance with federal securities regulations;
(d) financial and investment interactive tools, such as alerts or calculators;
(e) access to blogs, wikis, online conferences, telecasts, webinars, podcasts, bulletin boards and other public forums;
(f) tax preparation, bill payment and account management tools; and
(g) access to the TradeKing Trader Network.
Some of the Content is supplied by companies or individuals 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.
3. GENERAL RULES AND OBLIGATIONS
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 TERMS AND CONDITIONS. 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. Should you choose to do so, TradeKing disclaims all responsibility in regard to the results.
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, non-infringement, 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 website 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.
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 proprietary content or any derivative work based on such 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.
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.
4. USE OF THE TRADEKING TRADER NETWORK
TradeKing's Service provides you with access to a collection of resources, including various communications tools, forums, quotes, and personalized content accessible through TradeKing's websites and platform (collectively, "Trader Network"). Upon registration, the Trader Network provides you access to a web site on or within the URL http://www.TradeKing.com (a "Site") and / or a separate platform or application. Each Trader Network Site or platform shall have a limited amount of data-storage space, with such limits to be established by TradeKing in its sole and absolute discretion. The Trader Network also includes tools that enable you to:
a) Create a personal and financial profile, including details about your financial and trading history, preferences and activities;
b) List securities you follow and favorite links;
c) See other Users' Sites;
d) Communicate with other Users via e-mail and private messaging;
e) Create and edit your own blog and publish comments on other Usersí blogs;
f) Post comments and interact with other Users via the Forums;
g) "Tag" Content by adding keywords that help yourself and other Users find Content that matches their interests;
h) Join Groups of other Users gathered to discuss topics related to the Groupsí stated theme;
i) Share information about trades executed in your TradeKing investment account(s) ("Certified Trades");
j) Share information about your performance data of your TradeKing investment account ("Performance Stats") via your Trader Network profile;
k) Access information about other Usersí trading history and updates to Blogs, Forum threads, Groups and other areas of the Service;
l) Request TradeKing to certify your trading and investment history for inclusion in your Site or other parts of the Service.
m) Create and share charts.
Access to the Trader Network shall be provided to you free of charge or through the payment of an access fee. 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 these TERMS AND CONDITIONS.
4.2 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 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 execute, 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. (For a more complete explanation of the performance data calculations, please see http://community.tradeking.com/account/performance_methodology.) 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 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 http://content.tradeking.com/wiki/display/tkservice/Disclosures) and TERMS AND CONDITIONS (located at http://content.tradeking.com/wiki/display/tkservice/Terms+and+Conditions) that apply to your use of TradeKingís 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 acknowledge that service questions posed via our Trader Network may not be handled as promptly as through core service channels during our posted business hours.
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 and addressed through private correspondence with you and in accordance with FINRA regulations for complaints. 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 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 TERMS AND CONDITIONS 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 TERMS AND CONDITIONS;
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 engage in any of the following behaviors on the Service and, should you do so, TradeKing reserves the right, but not the obligation, to delete the Content considered in violation of the Terms of Service without prior notice to you, to delete your Registration Data, and to remove your Service access entirely and irrevocably. You agree that you will not engage in any of the following behaviors:
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 (including 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; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;
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) download any file that you know or reasonably should know cannot be legally obtained in such manner;
g) 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;
h) upload, post, or transmit unsolicited commercial email or "spam" (including, but not limited to, unethical marketing, advertising, surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters; 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);
i) 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;
j) 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;
k) restrict or inhibit any other user from using and enjoying any public area within our sites;
l) take any action that imposes an unreasonably or disproportionately large load on our infrastructure;
m) 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;
n) "stalk" or otherwise harass another;
o) collect or store personal data about other users of the Service;
p) 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 or humans;
q) without TradeKingís prior written permission, promote, offer for sale or sell:
i. any security, financial or investment product or service;
ii. any item, good or service that violates any applicable federal, state, or local law or regulation.
r) use the Forums as a forwarding service to another website;
s) post Content to the Service that, in TradeKingís sole discretion, is "off-topic" or otherwise unrelated to the purpose of the Service;
t) post Content to the Service that reviews or promotes products or services in exchange for monetary or non-monetary compensation;
u) engage in any other activity that TradeKing decides, in its sole discretion, is an infraction on the letter or spirit of this Terms of Service.
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.
4.3 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.
4.4 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 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, or designate a Creative Commons license controlling the terms of its use.
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.
4.6 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 of TradeKing.
4.7 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.
4.8 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 http://content.tradeking.com/wiki/display/tkservice/Privacy+and+Security+Statement).
In order to use certain parts of the Service, you must be a TradeKing Customer or register and obtain a valid TradeKing ID (become a Registered User). 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 5. 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 18 years of age are required to have a parent or guardian review and complete the registration process.
6. CANCELLATION AND TERMINATION
You may cancel your registration with or without cause at any time and effective immediately by sending an electronic mail message to [email protected] 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 has the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:
a) Restrict, suspend, or terminate your access to all or any part of our Service;
b) Change, suspend, or discontinue all or any part of our Service;
c) Refuse, move, or remove any material that you submit to our sites for any reason;
d) Refuse, move, or remove any content that is available on our sites;
e) Deactivate or delete your accounts and all related information and files in your account(s);
f) Establish general practices and limits concerning use of our sites.
You agree that TradeKing will not be liable to you or any third party for taking any of these actions.
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 TERMS AND CONDITIONS may be effected without prior notice, and acknowledge and agree that TradeKing 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.
8. OWNERSHIP OF 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. 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 any other site visitor, including any damages of any kind incurred as a result of such acts or omissions.
9. 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 (I) 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 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 TERMS AND CONDITIONS.
E. ANY "MORAL RIGHTS" IN POSTED MATERIAL HAVE BEEN WAIVED.
10. 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, REPORTED EARNINGS, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TRADEKING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) 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.
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 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) any other cause beyond the reasonable control of TradeKing and/or Service and Information Providers, or iv) non-performance.
11.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 9 AND 10 MAY NOT APPLY TO YOU. IN SUCH STATES, TRADEKINGíS LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
You agree to indemnify and hold TradeKing and its parents, subsidiaries, affiliates, directors, officers, agents, co-branders, the Service and Information Providers or other partners, employees and shareholders harmless 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 - whether you are a registered user or not - your access and/or use of, or interaction with, the Content, your use of the Service, your connection to the Service, your violation of the TERMS AND CONDITIONS, the infringement or violation by you of any intellectual property or other rights of any person or entity, or any act, error, or omission of your use of your account or any user of your 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. The User is solely responsible for his or her actions when using the Service, including, but not limited to, costs incurred for Internet access.
13. 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 electronic mail or regular mail.
b) The Service may also provide notices of changes to the TERMS AND CONDITIONS or other matters by displaying notices or links to notices to you generally on the Service.
c) The TERMS AND CONDITIONS and the relationship between you and TradeKing shall be governed by the laws of the State of New York 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 the State of New York.
e) The failure of TradeKing to exercise or enforce any right or provision of the TERMS AND CONDITIONS shall not constitute a waiver of such right or provision.
f) The TERMS AND CONDITIONS constitute 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 TERMS AND CONDITIONS). 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 provision of the TERMS AND CONDITIONS or incorporated documents is 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 TERMS AND CONDITIONS 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 TERMS AND CONDITIONS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TERMS AND CONDITIONS are for convenience only and have no legal or contractual effect.
The Service and/or the Service and Information Providers 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.
SPECIAL NOTICE: THE LINKED SITES MAY CONTAIN CONTENT AND GRAPHICS THAT CONTAIN SEXUALLY EXPLICIT MATERIAL UNSUITABLE FOR MINORS, OR MAY OTHERWISE BE OFFENSIVE. IF YOU ENTER THESE LINKED SITES, YOU ASSERT THAT YOU ARE OF LEGAL ADULT AGE IN YOUR JURISDICTION TO VIEW SUCH MATERIALS AND THE VIEWING, READING, AND/OR DOWNLOADING OF CONTENT FROM THESE LINKED SITES DOES NOT VIOLATE THE COMMUNITY STANDARDS OF YOUR LOCALITY, CITY, TOWN, COUNTY, STATE, PROVINCE, COUNTRY OR OTHER COMMUNITY TO WHICH YOU BELONG, AND/OR FROM WHICH YOU ACCESS THESE LINKED SITES.
Framing of the Web Site is prohibited.
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. You agree that TradeKing shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Please report any violations of the TERMS AND CONDITIONS to TradeKing by sending an e-mail to [email protected]
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.
05/04/2015 - TERMS AND CONDITIONS - V7