TradeSmarter Terms of Service
TradeSmarter provides a provides a fully customized, secure and modular open standards platform which enables online traders to speculate easily on movements within the financial markets, including stocks, indices, commodities and currencies (the "Platform"), through the TradeSmarter website located at http://www.tradesmarter.com/options (the "Site"). For purposes of these Terms of Service (the "Terms"), "TradeSmarter" shall include TradeSmarter Holdings, and its divisions, subsidiaries, successors, parent companies, and their employees, partners, principals, agents and representatives, and any third-party providers or sources of information or data, as well as TradeSmarter wiki, TradeSmarter Blog, TradeSmarter Above/Below.
PLEASE READ THE TERMS CAREFULLY. THESE TERMS GOVERN YOUR ACCESS TO AND USE OF THE SITE AND THE PLATFORM, INCLUDING ANY GAMES, APPLICATIONS, SERVICES, PRODUCTS, INFORMATION OR DATA MADE AVAILABLE THROUGH THE PLATFORM OR THE SITE (COLLECTIVELY, "SERVICES"). THIS IS A LEGAL AGREEMENT BETWEEN YOU AND TradeSmarter. YOU UNDERSTAND THAT BY CHECKING THE "I have read and accept the Terms of Use" CHECKBOX BELOW, OR BY USING THE SITE (INCLUDING ANY CONTENT OR SERVICE PROVIDED THEREIN), OR YOUR ACCOUNT, YOU ARE AGREEING TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE SITE.
By accessing the Site or using the Services, you agree to be bound by these Terms, whether you are a "Visitor" (which means that you are only browsing the Site) or you are a "Member" (which means that you have registered with the Site).The term "User" refers to a Visitor or a Member. Your use of the Platform, the Site and any Service, as well as any account you may have with TradeSmarter, is subject at all times to the TradeSmarter Terms (whether as a Visitor or a Member, regardless of whether your access or use is intended). Issues concerning collection and use of information by TradeSmarter are described in the TradeSmarter Privacy Policy. The TradeSmarter Site and Platform are always evolving, so it is important that you periodically check here, as well as the specific rules for any Services in which you choose to participate, for updates. By using the Platform, accessing the Site, or taking part in any Services, you agree to review the Terms periodically to become aware of such revisions. If you do not agree to any of the Terms stated herein, you should discontinue using the Platform and the Site or participating in any Services. TradeSmarter reserves the right, in its sole discretion, at any time to modify, discontinue or terminate the Site, the Platform and any Services. TradeSmarter also reserves the right to revise the Terms, and if TradeSmarter makes any such revision, TradeSmarter will notify you of such changes either by sending an email to the address provided during the registration process, or by posting a notice on the Site and requesting you to accept the revised Terms.
Use of the Services and access to the Site is void where prohibited. By using the Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older or else, have your parent's or guardian's permission to enter into this Agreement, or otherwise have the legal capacity to form a binding contract; and (d) your use of the Services does not violate any applicable law or regulation or any obligation you may have to a third party.
The use of the Site and Services is currently free of Charge. However, TradeSmarter reserves the right to charge fees for the access to and/or use of the Site or Services, and/or any parts or specific features related to the Site or the Services. In any such event, TradeSmarter will notify you thereof either by sending an email to the address provided during the registration process, or by posting a notice on the Site and requesting that you accept the revised Terms to continue access to and/or use of the Site or Services, and/or any parts or specific features related to the Site or the Services.
Account Registration
When you complete the registration process, you create a TradeSmarter account and become a Member. Your account allows you to participate in certain Services, subject to the Terms and the TradeSmarter Privacy Policy. http://www.tradesmarter.com/options/privacy To create an account, you must select a username and password. Your nickname is your TradeSmarter identity. You may not select a username that is used by someone else, and your username cannot be indecent, or otherwise offensive, or be used in any way that violates the Terms and common practices. You may not provide false information during the registration process. You must provide truthful and accurate information while creating your TradeSmarter account.
TradeSmarter reserves the right to limit the number of accounts a user can establish on the Site. This limit may change from time to time at TradeSmarter's discretion.
You are solely responsible for all activity on your account and the security of your computer system or video console system. You should not reveal your password to other users. TradeSmarter will not ask you to reveal your password. If you forget your password, you can request to have a new password sent to your registered e-mail address. You agree to indemnify and hold TradeSmarter harmless for any improper or illegal use of your account. This includes illegal or improper use by someone to whom you have given permission to use your account. Your account is at risk if you let someone use it inappropriately and your account in any of TradeSmarter services is subject to termination if you or anyone using your account violates the Terms. If your account is terminated, you may not join TradeSmarter again without our express permission.
Intellectual Property & Content
TradeSmarter owns the Site and the Platform, including all worldwide intellectual property rights in the Site, Platform and Services, and the trademarks, service marks, and logos contained therein and thereon. TradeSmarter hereby grants you a limited, revocable, non-exclusive, non-transferable license to use the Services solely for your personal use. Except as expressly permitted herein, you may not copy, sublicense, further develop, reproduce, republish, modify, alter download, post, broadcast, transmit or otherwise use the Services in any manner or for any purpose not expressly permitted in these Terms. In addition, you are forbidden from removing, altering or concealing any copyright, trademark, service mark or other proprietary rights notices incorporated in the Site, the Platform Content or the Services.
Certain types of content may be made available through the Site. "Content" as used in these Terms means, collectively, all content on or made available through the Site and the Platform, including but not limited to text, data, reports, analyses, performance charts, investment portfolios, and stock quotes. TradeSmarter reserves the rights to remove and permanently delete any Content from the Site without notice.
Violation
If you violate these Terms, TradeSmarter may issue you a warning regarding the violation, or, in its sole discretion, it may terminate or suspend your access to the Site and/or the Services or any portion thereof and remove any material from the Site at any time for any reason without notice to you. Further, if TradeSmarter believes, in its sole discretion, that a violation of these Terms has occurred, or is likely to occur, we may take any other corrective action we deem appropriate. We reserve the right to investigate suspected violations of these Terms. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone believed to violate these Terms. You may request termination of your TradeSmarter account at any time and for any reason by sending an email to legal@tradesmarter.com. Any suspension, termination, or cancellation shall not affect your obligations to TradeSmarter under these Terms (including but not limited to ownership, indemnification, and limitation of liability), which by their essense and context are intended to survive such suspension, termination, or cancellation.
Disclaimers & Disclaimer of Warranty
Your use of the Site, Content and Services is at your sole discretion and risk. The Site, Platform, Content and Services are provided on an AS IS and AS AVAILABLE basis without warranties of any kind from TradeSmarter. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TradeSmarter EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SITE, PLATFORM, CONTENT, AND SERVICES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. TradeSmarter DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED: (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SITE, CONTENT, PLATFORM, AND SERVICES; OR (II) THAT THE SITE, PLATFORM AND SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY THE SITE, PLATFORM AND SERVICES. TradeSmarter is not responsible for any incorrect or inaccurate Content posted on the Site or in connection with the Services, whether caused by Users of the Services or by any of the equipment or programming associated with or utilized in the Services. TradeSmarter takes no responsibility for third party advertisements which are posted on this Site or through the Services, nor does it take any responsibility for the goods or services provided by its advertisers. No advice or information, whether oral or written, obtained by you from TradeSmarter, shall create any warranty not expressly stated in these Terms. If you choose to rely on such information, you do so solely at your own risk. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.
Limitation of Liability
TradeSmarter assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, the Site, any Content or Services. TradeSmarter is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on any of the Site or Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Site or Services. To the maximum extent permitted by applicable law, under no circumstances shall TradeSmarter be responsible for any loss or damage, including personal injury or death, resulting from use of the Site or Services, from any Content posted on or through the Site or Services, or from the conduct of any Users of the Site or Services, whether online or offline.
IN NO EVENT SHALL TradeSmarter OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, CONTENT, PLATFORM AND SERVICES, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE INFORMATION PROVIDED AS PART OF OR THROUGH THE SITE OR FOR ANY INVESTMENT DECISIONS MADE ON THE BASIS OF SUCH INFORMATION, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT TradeSmarter HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL TradeSmarter'S CUMULATIVE LIABILITY TO YOU EXCEED U.S. $100.
The Site, Services or Content may provide links to third-party websites or resources. You acknowledge and agree that TradeSmarter is not responsible or liable for the availability or accuracy of such websites or resources or the content, products, or services on or available from such websites or resources. You further acknowledge that TradeSmarter does not endorse such websites or resources or the content, products, or services on or available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Restrictions
You agree you will not do any of the following while using or accessing the Site, Services, the Platform or any Content:
| 1. | Use the Site, Content, Platform or Services in connection with any commercial endeavors in any manner, except for the purposes specifically set forth in these Terms; |
| 2. | Circumvent, disable, or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content; |
| 3. | Interfere with or disrupt (or attempt to interfere with or disrupt) any web page available at the Site, servers, or networks connected to the Site, or the technical delivery systems of TradeSmarter's providers, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site; |
| 4. | Attempt to probe, scan, or test the vulnerability of any TradeSmarter system or network or breach or impair or circumvent any security or authentication measures protecting the Site; |
| 5. | Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software used to provide the Site; |
| 6. | Attempt to access, search, or meta-search the Site or content thereon with any engine, software, tool, agent, device, or mechanism other than software and/or search agents provided by TradeSmarter or other generally available third-party web browsers, including without limitation any software that sends queries to the Site to determine how a website or web page ranks; |
| 7. | Violate the Terms or any other rule or agreement applicable to you or TradeSmarter through the Site's inclusion in, reference to, or relationship with any third party or third-party site or service, or your use of any such third-party site or service |
| 8. | Use, launch, or permit to be used any automated system, including without limitation "robots," "crawlers," or "spiders"; or |
| 9. | Use the Site or content thereon in any manner not expressly permitted by this Agreement. |
Indemnification
You agree to defend and indemnify TradeSmarter and its officers, directors, employees, and agents and to hold them harmless from and against any and all claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with (i) your access to or use of the Site, Platform, or Services; or (ii) your violation of any of these Terms.
General
In the event that any provision in these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The failure of a party to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. TradeSmarter may assign these Terms or any rights and/or obligations hereunder without your consent. These Terms shall be governed by and interpreted in accordance with the laws of [___________] excluding that body of law pertaining to conflict of laws. Any legal action or proceeding arising under these Terms will be brought exclusively in courts located in [__________], and the parties hereby irrevocably consent to the personal jurisdiction and venue therein. You agree that these Terms and the rules, restrictions, and policies contained herein, and TradeSmarter's enforcement thereof, are not intended to confer and do not confer any rights or remedies on any person other than you and TradeSmarter.
Revised: June, 2009
