TradeKing's provides you with a multi-functional electronic system designed for order entry through the Internet. Numerous features have been designed to prevent system failure. However, it is possible that service could be interrupted. In that event, you may not be able to access our web site or it may not be possible to access the system to enter new orders, and/or modify or cancel orders previously entered. Any computer system, whether it is yours, your internet service provider's, or ours, can experience unscheduled breakdowns, outages or slowdowns. Communication lines, telephone or other interconnection can experience similar problems. Regardless of systems problems, if trading volumes are high, orders might not be filled as quickly as when volumes are normal. Although TradeKing has taken precautions, we cannot ensure complete reliability under all circumstances. In the event of electronic system problems, the telephone order entry system can be used. TradeKing does not guarantee that any or all of these means will be available to you at a particular time. You agree that if one facilities of access to TradeKing is unavailable, you must use an alternative means of access to conduct transactions and other account activity.
LIMITATION OF LIABILITY. YOU ACCEPT THAT TRADEKING'S SYSTEM IS "AS IS," AND WITHOUT WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE, PURPOSE OR APPLICATION; TIMELINESS; FREEDOM FROM INTERRUPTION; OR ANY IMPLIED WARRANTIES ARISING FROM TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. UNDER NO CIRCUMSTANCES SHALL TRADEKING BE LIABLE FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES, INCLUDING LOSS OF BUSINESS, PROFITS OR GOODWILL. TRADEKING SHALL NOT BE LIABLE TO YOU BY REASON OF DELAYS OR INTERRUPTIONS OF SERVICE OR TRANSMISSIONS, OR FAILURES OF PERFORMANCE OF OUR SYSTEM, REGARDLESS OF CAUSE, INCLUDING, BUT NOT LIMITED TO, THOSE CAUSED BY HARDWARE OR SOFTWARE MALFUNCTION; GOVERNMENTAL, EXCHANGE OR OTHER REGULATORY ACTION; ACTS OF GOD; WAR, TERRORISM, OR OUR INTENTIONAL ACTS. YOU RECOGNIZE THAT THERE MAY BE DELAYS OR INTERRUPTIONS IN THE USE OF OUR SYSTEM, INCLUDING, FOR EXAMPLE, THOSE CAUSED INTENTIONALLY BY TRADEKING FOR PURPOSES OF SERVICING THE SYSTEM. YOU ACKNOWLEDGE THAT ALTERNATIVE TRADING ARRANGEMENTS ARE AVAILABLE THROUGH TRADEKING BUT TRADEKING DOES NOT GUARANTEE THAT ALTERNATIVE TRADING ARRANGEMENTS WILL BE AVAILABLE AT A PARTICULAR TIME AND TRADEKING WILL NOT BE HELD LIABLE FOR DELAYS IN ENTERING AN ORDER. IN NO EVENT SHALL TRADEKING'S LIABILITY, REGARDLESS OF THE FORM OF ACTION AND DAMAGES SUFFERED BY YOU, EXCEED THE COMMISSIONS AND FEES PAID BY YOU TO TRADEKING IN THE MONTH IN WHICH THE ACTION AROSE.
12/16/2005 Version 002