Terms of Use

Introduction

Welcome to mytrade Mytrade seeks to create and encourage an on-line community that can be used and enjoyed by all who sign up. Presented below are our Terms of Use (TOU), by signing up for this service you are agreeing to these terms. If you do not wish to be bound by these Terms of Use please do not register since you will be simply wasting our time and yours. Further, we may change these TOU at anytime but will endeavor to post advance notice to this website if any material changes are put in place.  Finally, any feature that enhances, or we feel enhances these pages will be subject to these terms.

Registration

In order to use this service you must create a valid user ID or you may use your thinkorswim login. If you do not have a valid thinkorswim login, to register you will be requested to create a username, password, to provide your first and last name as well as a valid email address. Your username will identify you on this site. By registering you are representing to us that you are of legal age to enter into a binding agreement. You also agree to provide true, accurate and complete information about yourself as prompted by the registration process. Please remember that you will be responsible for maintaining the security and confidentiality of the password since you will be bound and held fully responsible for any and all activities including postings or submissions utilizing the username and password. We ask that you provide true and accurate information at the time of set-up and try your very best to keep it accurate and current. We ask that you notify us immediately of any unauthorized use of your login information or some other breach of security that you are aware of since we will not be responsible for any loss or damage that may arise from any such security breach or your failure to use basic common sense. Finally we do reserve the right to terminate, suspend or deny access to this site to anyone for any improper use of these facilities.

Cancellation and Termination

You may cancel your registration at anytime by contacting us at turnmeoff@mytrade.com or contacting us at 1. (866) 839-1100. You agree that mytrade in its sole discretion may terminate your username and password from accessing this site and remove or discard any previous submissions, content or files associate with your username and password for any reason including inactivity or if we believe that you have misused this site materially or have violated the spirit in which it was created. You agree that mytrade shall not be liable to you or any third party for the revocation of these privileges.  Remember the use of this site is a privilege and not a right.

Content

You understand that the information provided or posted on this site is for informational and/or entertainment purposes only. This confirmation is subject to change without notice. Nothing presented is to be construed as a recommendation or the providing of advice for the purchase or sale of a security or the endorsement of a particular security or trading strategy. The information provided on this site may not be appropriate for all investors and is provided without respect to an individual’s financial sophistication, financial situation, investing horizon or risk tolerance.  You may lose substantial amounts of money entering into transactions in financial products based upon information on this site. Please remember that, regretfully, there are individuals out there who may post (intentionally or unintentionally) misleading, deceptive or sometimes ridiculous information. We cannot be responsible for the review and accuracy of the statements submitted by all the participants of this site so please use common sense when digesting this information. Do your own research because you are solely responsible for your own investment decisions. Finally, if you feel that someone is intentionally posting “bad” information please let us know.

The information posted on the site:  (i) is not, and should not be deemed, an offer to sell, or a solicitation of an offer to buy, any securities or any other instruments, property or anything of value by anyone in any jurisdiction; and (ii) should not be used by others in connection with any sale, offer for sale or solicitation of an offer to buy securities or any other instruments, property or anything of value.

We shall have no liability for investment or other decisions based upon any information on this site.  We specifically disclaim any and all liability or loss arising out of any action taken in reliance on this information, including but not limited to market value loss on the sale or purchase of any company, property, product, service, security, instrument, or any other matter.

Conduct

Again here we are asking that you utilize common sense but we have provided a few ground rules that are considered unacceptable when using this site:

• Do not post or transmit any information that can be deemed as harmful, threatening, fraudulent, defamatory, libelous, obscene, or invasive to anyone’s privacy. Treat people with the respect they deserve.
• Do not impersonate any person or entity or misrepresent yourself in any way shape or form.
• Do not post, transmit or link to sexually explicit material.
• Do not post or transmit any information that you do not have a right to transmit, especially information that is proprietary, trademarked or considered confidential.
• Never upload, post or transmit anything that resembles an advertisement or is considered commercial email or SPAM.
• Never transmit or post information such as a computer code or file that may contain a virus that will cause harm to these facilities in any capacity.
• Do not stalk anyone or be a conduit for any activity that would be considered as a violation of any applicable local, state, federal or international law.
• Do not promote any goods or services. No solicitations of any kind are permitted on this site.
• If you are discussing a particular security, then you must divulge your ownership of that security.
• You agree that you will not duplicate, attempt to reproduce, copy, sell or misuse any portion of this site.
• If you are not from the United States, then you must comply with all applicable laws and rules of your home country.
• Do not take any action that imposes an unreasonably or disproportionately large load on our infrastructure or disrupts the functioning of our systems or website; and
• Do not take any action that damages or disrupts the functioning of our systems or website.

MyTrade may at any time, without prior notice and at our sole discretion, remove any post, terminate the membership, or take any action for violating the above provisions or otherwise engaging in activities disruptive to the MyTrade website or community.

Third-Party Data and Information

The material presented on this site, for example, Quote Data and Charts, comes from a variety of 3rd party providers. Mytrade believes that the information presented on these pages is reliable, however, we do not warrant the accuracy, reliability or completeness of any information presented. The information is provided “as is” and “as available” and is for informational purposes only. Investools/MyTrade/thinkorswim shall not be liable in anyway for any delay in keeping such information current.

Your use of the hyperlinks on this website to other Internet sites is at your own risk.  We are not responsible for third party sites hyperlinked from this website, nor do we make any endorsements or warranties, express or implied, with respect to the content of third party websites or the products or services offered on any third party websites, including but not limited to accuracy, completeness, reliability, suitability, non-infringement, merchantability or fitness for a particular purpose.  We do not warrant or represent that any third party site or the content thereon, is devoid of viruses or other contamination.  We do not guarantee the authenticity of documents available on the Internet.  We reserve the right to terminate any link at any time.

All of the Content on our websites and any service we provide is protected by United States and international copyright laws and is the property of either MyTrade and/or its affiliates and/or providers of the content under license. "Content" means any information, mode of expression, or other materials and services found on MyTrade. This includes message boards, blogs, chats, software, opinions, commentary, our all other writings, graphics, and any and all other features. You may make one copy of the Content for your personal, non-commercial use. All copied material must contain the following notice “Copyright 2008 MyTrade. All rights reserved.” Nothing contained on the website should be construed as granting, either directly or implicitly, or otherwise, any license or right to use the trademarks or logos appearing on the website without the express written consent of the owner thereof. Any other copying, duplication, distribution, sale, storing, or transmission of any kind, or any commercial use of our Content is prohibited without MyTrade’s prior written permission. You may not sell, resell, trade, auction, transfer or barter any Content. You also may not republish, post, transmit or distribute the Content to online bulletin and message boards, blogs, chat rooms intranets anywhere else without MyTrade’s consent. You agree not to create abstracts from or our Content for use on another website or service. You further agree not to create derivative works based upon our Contract.

Please note that notwithstanding the foregoing, when you post content (such as a message board post), you retain your copyright in your expression. By posting Content, you agree that MyTrade has an unlimited and perpetual license to republish anything you post on our websites. You also retain the right to use your copyrighted material in any way you want. Please don't post any Content on our websites unless you want it republished.
You agree not to display any trademarks of MyTrade, Investools, thinkorswim or our other affiliates or use them in any manner without our express written permission.

Trading

If you are a thinkorswim, Inc. customer and have decided to use the trading portal that is provided, you understand that you will be bound by each transaction entered through this portal just as if you placed the trade through the thinkorswim website or through one of thinkorswim’s other systems. This service is governed by the same rights, disclosures and covenants provided in the account opening process of thinkorswim, Inc.  and on thinkorswim’s website www.thinkorswim.com. thinkorswim, Inc is a member of SIPC/FINRA/NFA.

Affiliates

MyTrade is owned by Investools Inc. which has subsidiaries that are engaged in providing investor education. Investools also owns thinkorswim, Inc., a member of SIPC/FINRA/NFA and thinkorswim Advisors, Inc., a SEC registered investment advisor.

Neither Investools nor its educational subsidiaries nor any of their respective officers, personnel, representatives, agents or independent contractors is, in such capacities, licensed financial advisers, registered investment advisers or registered broker-dealers. Neither do Investools nor such educational subsidiaries provide investment or financial advice or make investment recommendations, nor are they in the business of transacting trades, nor do they direct client commodity accounts or give commodity trading advice tailored to any particular client’s situation. Nothing contained in this communication constitutes a solicitation, recommendation, promotion, endorsement or offer by Investools, or others described above, of any particular security, transaction or investment.
thinkorswim, Inc., a registered broker-dealer, registered introducing broker and FINRA/SIPC/NFA member firm, and thinkorswim Advisors, Inc., a registered investment advisor, are separate, wholly owned subsidiaries of Investools that each operate their own regulated businesses and do not conduct business under the name Investools.

Communications from Our Affiliates

From time to time you may receive emails or be contacted by one of our affiliated companies in accordance with our Privacy Policy, which is posted on this site. Contact with you may be made via telephone, email or regular mail.

Limitation of Liability and Warranty Disclaimers

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

THE CONTENT, PRODUCTS, TOOLS, SERVICES AND PROPERTIES INCLUDED ON THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MYTRADE AND ITS SUBSIDIARIES, DIRECT AND INDIRECT PARENTS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF TITLE, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITH RESPECT TO OUR CONTENT, OR ANY OF OUR SERVICES, TOOLS, PRODUCTS, OR PROPERTIES, YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF OUR PRODUCTS, TOOLS, PROPERTIES AND SERVICES AND THE ACCURACY OR COMPLETENESS OF OUR CONTENT.
MYTRADE AND ITS SUBSIDIARIES, DIRECT AND INDIRECT PARENTS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE CONTENT, PRODUCTS, TOOLS, PROPERTIES OR SERVICES PROVIDED ON THIS WEBSITE WILL MEET YOUR REQUIREMENTS; (ii) ANY CONTENT, PRODUCTS, SERVICES, TOOLS OR PROPERTIES PROVIDED ON THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE CONTENT ON WILL BE ACCURATE OR RELIABLE; OR (iv) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THIS WEBSITE WILL MEET YOUR EXPECTATIONS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH OUR WEBSITE IS ACCESSED 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.
 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM  US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MYTRADE AND ITS SUBSIDIARIES, DIRECT AND INDIRECT PARENTS, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MYTRADE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE OUR WEBSITE AND ITS CONTENT, PRODUCTS, TOOLS, PROPERTIES AND SERVICES,(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR WEBSITE, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY OUR WEBSITE; OR (v) ANY OTHER MATTER RELATING TO OUR WEBSITE.

SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR THIRD PARTY CONTENT PROVIDERS WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Indemnity

You agree to hold harmless and indemnify (fill in the blank) its direct and indirect parent companies, affiliates, subsidiaries, directors, officers, agents, shareholders, partners and licensors from any claim or demand by you or a third party arising out of the use of this site and its content.

Violations

Please report any violations of the Terms of Use can be reported to mytrade by email to violation@mytrade.com or by telephone (866) 839-1100

Miscellaneous Matters

The laws of the State of Illinois shall govern this TOU.

You and MyTrade agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Cook, located in Chicago, Illinois.

Waiver and Severability of Terms.

The failure of MyTrade to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU 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 TOU remain in full force and effect.

Please enjoy this site and all of its offerings, oh yeah, and please do not drink and trade. Be a responsible member of this community.