Terms of Service
Your access to the Service is completely at the discretion of Scottrade, and your access to the Service may be blocked, suspended, or terminated at any time for any reason including, but not limited to, violation of these terms of service, actions that may lead to liability for Scottrade, disruption of access to other users or networks, or violation of applicable laws or regulations. Scottrade reserves the right to block certain Internet services, such as peer-to-peer and streaming content services, and to limit the bandwidth of the Service. Scottrade may revise the terms of service at any time and you will be bound by the version of these terms in effect at the time that you access the Service.
You will comply with all applicable local, state, federal and international laws and regulations, including privacy and intellectual property laws, when you use the Service. Scottrade may disclose information regarding your activities while using the Service to third parties, including government authorities, in connection with the investigation of any suspected or alleged criminal activity associated with use of the Service. You agree to bear all liability for and consequences of the communications that you send or receive through the Service.
By your use of the Service, you acknowledge (i) that the Service may not be uninterrupted or error-free; (ii) that viruses or other harmful applications may travel through the Service and may harm the device that you use to access the Service; and (iii) that Scottrade does not guarantee the security of the Service and that unauthorized third parties may access the device that you use to access the Service or files or otherwise monitor your connection.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, AND SCOTTRADE EXPRESSLY DISCLAIMS SUCH WARRANTIES. SCOTTRADE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RISK ASSOCIATED WITH YOUR ACTIVITIES CONDUCTED ONLINE THROUGH THE SERVICE AND ASSUME ALL LIABILITY AND DAMAGES INCURRED BY YOURSELF, SCOTTRADE, OR A THIRD PARTY THAT ARISE OR RESULT FROM YOUR ACTIVITIES CONDUCTED ONLINE THROUGH THE SERVICE, WHETHER KNOWN OR UNKNOWN AT THE TIME OF USE.
Examples of Illegal and Unacceptable Use of the Service
You will not engage in any prohibited conduct in connection with the use of the Service. Examples of prohibited conduct include, but are not limited to:
- Spamming and Invasion of Privacy
- Intellectual Property Right Violations
- Obscene or indecent speech or materials
- Defamatory or abusive language
- Forging, deletion or alteration of any part of the TCP/IP packet header or sender identification information
- Hacking, scans, or other subversive information gathering activity
- Distribution of Internet viruses, Trojan horses, or other destructive activities
- Export control violations
- Harassing, abusive, criminal or fraudulent activities
- Resale of the Service
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE THAT THE SERVICE IS PROVIDED AS A PRIVILEGE TO YOU, SOLELY FOR CONVENIENCE, AND UNDER NO CIRCUMSTANCES WILL SCOTTRADE, ITS SUPPLIERS OR LICENSORS (INCLUDING THE PROVIDER OF THE SERVICE), OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES ARISING FROM USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR ANY DIRECT, CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR INCIDENTAL DAMAGES OR LOST PROFITS, WHETHER FORESEEABLE OR UNFORESEEABLE, (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF BUSINESS, LOSS OF GOODWILL, BUSINESS INTERRUPTION, LOSS OR THEFT OF DATA OR OTHER SIMILAR DAMAGES) ARISING FROM , ARISING OUT OF YOUR USE OF THE SERVICE, WHERE SUCH CLAIM ARISES FROM BREACH OR FAILURE OF EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE. IF ANY OF THE FOREGOING LIMITATIONS OF LIABILITY IS HELD TO FAIL OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED TO BE UNENFORCEABLE BY A COURT OF COMPETENT JURISDICTION, THEN THE MAXIMUM AGGREGATE LIABILITY OF SCOTTRADE, ITS SUPPLIERS AND LICENSORS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES AND ITS THIRD PARTY PROVIDER ARISING OUT OF, OR RELATED TO, THESE TERMS OF SERVICE AND THE USE OF THE SERVICE SHALL NOT EXCEED THE LESSER OF (A) YOUR DIRECT DAMAGES, IF ANY, AND (B) $25.00.
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