Scottrade Online Community
Terms of Use
The purpose of Scottrade’s Online Community is to provide a place for Scottrade customers to come together and discuss new ideas and issues regarding Scottrade’s products and services. As a member, we ask that you adhere to the following Terms of Use when you use the Scottrade Online Community web site.
You acknowledge that Scottrade provides self-directed investors with discount brokerage services. Scottrade, its employees and agents, do not make recommendations or offer investment advice. Any specific securities, types of services, or research tools mentioned or shown are for demonstrative or conversational purposes only. Investors should not construe such information as investment advice.
Please report any violations of the Terms of Use to Scottrade by sending an email to community@scottrade.com .
1. ACCEPTANCE OF TERMS OF USE
Welcome to Scottrade’s Online Community (the " Community"). Your use of the Community is subject to these Terms of Use ("TOU"). Scottrade reserves the right to update and change the TOU from time to time without notice or acceptance by you. By using the Community, you ("You, "Your", "The User") indicate your irrevocable acceptance of this TOU.
2. REGISTRATION & YOUR INFORMATION
You must be 18 years of age or older and a current Scottrade customer in order to be a member of the Community. To register, you must provide Scottrade with your valid email address and select a password. You are responsible for maintaining the confidentiality of the password and are fully responsible for all activities that occur under your Community password and account.
You will not provide any false personal information or create a registration for anyone other than yourself.
The registration information you provide is subject to Scottrade’s privacy policy, the terms of which are located at http://www.scottrade.com/security/privacy-policy.asp and are incorporated into this TOU by reference.
3. CANCELLATION AND TERMINATION OF ACCESS
You may cancel your registration at any time by notifying Scottrade. Upon cancellation, Scottrade may delete all of your information and content. Scottrade shall have no liability for such deleted information or content. Scottrade may, in its sole discretion, deactivate your registration for any reason or no reason, including violations of these TOU or lack of use, and delete any of your information or content. Scottrade may also, in its sole discretion and at any time, discontinue providing the Community, or any part thereof, with or without notice. You agree that Scottrade shall not be liable to you or any third-party for any termination of your access to the Community.
4. SHARING YOUR CONTENT AND INFORMATION
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. You, not Scottrade, are entirely responsible for all Content that you upload, post, transmit or otherwise make available via the Community. Scottrade does not control the Content posted via the Community and, as such, does not guarantee the accuracy, integrity, quality or availability of such Content.
For Content that is covered by intellectual property rights, like photos, you grant Scottrade a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any Content that you post on or in connection with the Community. This license exists only for as long as you continue to be a registered user and shall be terminated at the time your registration is cancelled or terminated.
5. COMMUNITY RULES & SAFETY
The Community is intended to be a medium where registered users can meet, communicate, collaborate and support other Scottrade customers in regards to Scottrade’s products and services. Scottrade reserves the right, at its sole discretion, to review and remove user-created services and Content at will and without notice, and may delete postings or ban participants that are deemed objectionable.
You agree that YOU WILL NOT:
a) send or otherwise post unauthorized commercial communications to users (such as spam or junk mail);
b) promotes or encourage specific investment decisions or securities;
c) 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);
d) circumvent, disable or otherwise interfere with security-related features of the Community or features that prevent or restrict use or copying of any Content or other material or enforce limitations on use of the Community or any Content or other material therein;
e) use the Community for commercial purposes or engage in commercial activities, including, but not limited to, contests, sweepstakes, barter, and pyramid schemes;
f) attempt to impersonate a Scottrade employee, agent, manager, host, other user, or any other person though any means;
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) collect other users’ information using automated means such as bots, spiders or scrapers;
i) upload viruses or other malicious code;
j) bully, intimidate, or harass any user;
k) post content that is or may be considered offensive, vulgar, threatening, invasive of another’s privacy, hateful, threatening, pornographic, contains nudity or violence of any kind, or is otherwise objectionable;
l) use the Community to do anything unlawful, misleading, malicious, or discriminatory;
m) facilitate or encourage any violations of these TOU.
If any user is reported to be in violation with the letter or spirit of these rules, Scottrade retains the right to terminate such registration at any time without further warning.
6. INDEMNITY
You agree to indemnify and hold Scottrade and its parents, subsidiaries, affiliates, directors, officers, agents, co-branders or other business partnerswho contribute content, employees and shareholders, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Content, your use of the Community, your connection to the Community, your violation of the TOU, or the infringement or violation by you of any intellectual property or other rights of any person or entity, whether you are a registered user or not. The User is solely responsible for his or her actions when using the Community, including, but not limited to, costs incurred for Internet access.
7. CHANGES TO THE COMMUNITY
Scottrade reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Community (or any part thereof) with or without notice at any time. You agree that Scottrade shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Community.
8. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(A) YOUR USE OF THE COMMUNITY IS AT YOUR SOLE RISK. THE COMMUNITY IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SCOTTRADE 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) SCOTTRADE WILL MAKE REASONABLE EFFORTS TO MAINTAIN THE COMMUNITY, HOWEVER, SCOTTRADE 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 COMMUNITY OR FAILURE TO PROPERLY PROTECT YOUR LOG IN AND PASSWORD INFORMATION, OR OTHER INTERACTION WITH THE COMMUNITY. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE COMMUNITY. SCOTTRADE DOES NOT WARRANT THAT THE COMMUNITY WILL MEET YOUR SPECIFIC REQUIREMENTS, THAT THE THE COMMUNITY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE COMMUNITY WILL BE ACCURATE OR RELIABLE, THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE COMMUNITY WILL MEET YOUR EXPECTATIONS, AND THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE COMMUNITY IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT 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 COMMUNITY SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU.
9. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SCOTTRADE AND ITS BUSINESS PARTNERS WHO CONTRIBUTE CONTENT TO THE COMMUNITY 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, LOSS OF REPORTED EARNINGS, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SCOTTRADE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE COMMUNITY; (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 COMMUNITY; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE COMMUNITY; OR (V) ANY OTHER MATTER RELATING TO THE COMMUNITY.
10. MISCELLANEOUS
(a) Notices to you may be made via either email or regular mail.
(b) Scottrade may also provide notices of changes to the TOU or other matters by displaying notices or links to notices to you generally on the Community.
(c) The TOU and the relationship between you and Scottrade shall be governed by the laws of the State of Missouri without regard to its conflict of law provisions.
(d) You and Scottrade agree to submit to the personal and exclusive jurisdiction of the courts located within St. Louis County, Missouri.
(e) The failure of Scottrade to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision.
(f) The TOU constitutes the entire agreement between you and Scottrade and govern your use of the Community, superseding any prior agreements between you and Scottrade (including, but not limited to, any prior versions of the TOU). You also may be subject to additional terms and conditions that may apply when you use other Scottrade services, third-party content or third-party software.
(g) If any provisions of the TOU or incorporated documents are 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.
(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 TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOU are for convenience only and have no legal or contractual effect.
Version July 2009