Terms of Use


Introduction

Welcome to myTRADE. The myTRADE service is provided by myTrade, Inc. (“myTrade”). myTrade is an affiliate of TD Ameritrade, Inc. (“TD Ameritrade”). myTRADE seeks to create and encourage an on-line community that can be used and enjoyed by all who sign up. This document contains myTRADE’s Terms of Use (the “TOU”); by registering for and using myTRADE you are agreeing to the TOU. If you do not wish to be bound by the TOU please do not register or use myTRADE. myTrade may revise the TOU at any time, without notice, and by your continued use of myTRADE you accept such revised TOU.

Registration

In order to use myTRADE you may create a username, or you may use your TD Ameritrade client login. If you are not a TD Ameritrade client, to register for myTRADE you must create a username and password, provide your first and last name, as well as a valid email address. Your username will identify you on myTRADE. By registering you are representing that you are of legal age to enter into a binding agreement and you are also agreeing to provide true, accurate and complete information about yourself. You are responsible for maintaining the security and confidentiality of your password, and you will be bound by and held fully responsible for any and all activities, including postings or submissions, utilizing your username and password. You must notify us immediately of any unauthorized use of your login information or any other breach of security. myTrade reserves the right to terminate, suspend or deny your access to myTRADE for any improper use of myTRADE, as defined below.


Cancellation and Termination

You may cancel your registration by contacting us at support@mytrade.com. myTrade, in its sole discretion, may terminate your access privileges to myTRADE, and remove and destroy any submissions, content or files associated with your username for any reason, including inactivity. myTrade shall not be liable to you or any third party for the revocation of such privileges or removal and destruction of such submissions, content or files.


Content

The information provided or posted on myTRADE is for informational purposes only. The information provided on myTRADE 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. 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. You may lose substantial amounts of money entering into transactions in financial products based upon information on myTRADE. You are solely responsible for your own investment decisions. myTrade is not responsible for the review and accuracy of the statements submitted by any myTRADE participant. If you feel that a participant is intentionally posting erroneous or misleading information, please report it.

The information on myTRADE (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.

myTrade shall have no liability for investment or other decisions based upon, in whole or part, any information on myTRADE. myTrade specifically disclaims any and all liability for loss arising out of any action taken in reliance on the information on myTRADE, 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

Violation of the following rules of conduct, as determined in myTrade’s sole discretion, may lead to termination of your access to myTRADE:

myTrade may at any time, without prior notice and at its sole discretion, remove any post, terminate your registration, or take any other action myTrade deems appropriate for violating the above rules of conduct or otherwise engaging in activities disruptive to the myTRADE community.


Third-Party Data and Information

From time to time, certain information will be presented on myTRADE from a variety of third-party providers. myTrade does not warrant the accuracy, reliability or completeness of any third-party information, and such information is provided “as is” and “as available” and is for informational purposes only.


Hyperlinks

Hyperlinks on myTRADE are provided for informational purposes only, and use of such hyperlinks is at your own risk. myTrade is not responsible for third-party sites hyperlinked from myTRADE, nor does it 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. myTrade does not warrant or represent that any third-party site or the content thereon, is devoid of viruses or other contamination, or that such content is authentic. myTrade reserves the right to remove any hyperlink at any time.


Intellectual Property

All of the Content (as defined below) on myTRADE (except for participant postings), and any service myTrade provides related to myTRADE, 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, 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 2011 myTrade, Inc. All rights reserved.” Nothing contained on myTRADE 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 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 with Content for use on another website or service. You further agree not to create derivative works based upon the Content.

Notwithstanding the foregoing, when you post content such as a message board post, you retain your copyright in your expression. By posting such content, you agree that myTrade has an unlimited and perpetual license to republish anything you post on myTrade websites, without giving you notice. You also retain the right to use your copyrighted material in any way you want. You agree not to display any trademarks of myTrade or any of its parents or affiliates, or use them in any manner, without myTrade’s or the owner’s express written permission.


Trading

If you are a client of TD Ameritrade, and you use the trading portal that is provided on the myTRADE website, you understand that each transaction entered through the portal will be binding on you, to the same extent as if you had placed such transaction using the TD Ameritrade website. TD Ameritrade’s account terms and conditions will apply to all such transactions entered using the trading portal.


Affiliates

myTrade is a wholly owned subsidiary of TD Ameritrade Holding Corporation (“AMTD”), and an affiliate of the subsidiaries of AMTD, including TD Ameritrade, Amerivest Investment Management, LLC and Investools, Inc. For purposes of this TOU, all current and future subsidiaries of AMTD are considered affiliates of myTrade.

TD Ameritrade is a registered securities broker-dealer and a member of FINRA/SIPC/NFA. Amerivest Investment Management, LLC is an investment advisor registered with the Securities and Exchange Commission. Investools, Inc. provides options trading education and is not a regulated entity.


Communications from Affiliates

From time to time you may receive emails or be contacted by one of myTrade’s affiliated companies, in accordance with the TD Ameritrade Privacy Policy, which is posted on the TD Ameritrade website, www.tdameritrade.com. Contact may be made via telephone, email or regular mail.


Limitation of Liability and Warranty Disclaimers

YOU UNDERSTAND AND EXPRESSLY AGREE THAT:

THE CONTENT, PRODUCTS, TOOLS, SERVICES AND PROPERTIES INCLUDED ON MYTRADE 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 CONTENT, OR ANY OF MYTRADE’S SERVICES, TOOLS, PRODUCTS, OR PROPERTIES, YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF ITS PRODUCTS, TOOLS, PROPERTIES AND SERVICES AND THE ACCURACY OR COMPLETENESS OF THE 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 MYTRADE WILL MEET YOUR REQUIREMENTS; (ii) ANY CONTENT, PRODUCTS, SERVICES, TOOLS OR PROPERTIES PROVIDED ON MYTRADE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE CONTENT ON MYTRADE WILL BE ACCURATE OR RELIABLE; OR (iv) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH MYTRADE WILL MEET YOUR EXPECTATIONS.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH MYTRADE 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 MYTRADE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU. YOU UNDERSTAND AND EXPRESSLY 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 MYTRADE 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 MYTRADE, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON MYTRADE; OR (v) ANY OTHER MATTER RELATING TO MYTRADE.

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, THE LIABILITY OF MYTRADE AND THAT OF ITS THIRD PARTY CONTENT PROVIDERS WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.


Indemnity

You agree to hold harmless and indemnify myTrade, 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 your use of myTRADE and its content.


Violations

Please report any violations of the TOU to myTRADE at support@myTRADE.com.


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.