Web Site User Agreement, Disclaimers, and Certain Legal Notices
Introduction
Market ICE, LLC makes available information, materials, products and services on this Web site subject to the following terms and conditions, and the terms and conditions of all applicable account, subscription and other agreements, disclaimers and legal notices that appear or may appear from time to time on this Web site and/or must be agreed to by you in the account opening or subscription process in order to use the applicable information, materials, products or services. By accessing this site, you agree to the terms and conditions as outlined below, in addition to those contained in those other agreements, disclaimers and legal notices, when applicable. Market ICE reserves the right to change these terms and conditions from time to time at its sole discretion. The prices, fees, costs and other terms of all products and services offered on this Web site are subject to change at any time and from time to time.
This site is presented solely for informational purposes and to provide access to certain electronic products or services with which you will directly interface. No offer or solicitation to buy or sell securities or securities derivative products of any kind, or any type of investment or trading advice or strategy, is made, given or in any manner endorsed by Market ICE, LLC or its affiliates. Market ICE, LLC does not make any recommendations whatever regarding any security or securities product. You are fully responsible for any investment or trading decisions you make, and such decisions should be based solely on your evaluation of your financial circumstances, investment or trading objectives, risk tolerance and liquidity needs.
Account access, trade executions and system response and performance may be adversely affected, including delays and failures, as a result of: market volatility; high share volume; other market fluctuations; illiquidity; other market conditions and risks; quote delays; system and software errors; data or server farm outages; Internet system problems relating to Internet traffic volume and capacity or other causes; and other factors. One or more of these factors may occur before or after you place a trade, resulting in delayed or failed order placement, order cancellation, trade execution and/or acknowledgement of any of those actions. Solely you assume those risks.
THIS SITE IS FOR PERSONS IN THE U.S. ONLY. NOTHING ON THIS WEB SITE IS AN OFFER OR SOLICITATION OF SECURITIES OR INVESTMENT PRODUCTS OR SERVICES IN ANY JURISDICTION WHERE THEIR OFFER OR SALE OR PERFORMANCE IS NOT QUALIFIED OR EXEMPT FROM REGISTRATION. THE ACCEPTANCE OF ALL BROKERAGE CLIENTS IS AT THE COMPLETE DISCRETION OF TRADESTATION SECURITIES, AND ITS CLEARING FIRMS.
Any testimonials or case studies on this site may not be representative of the experience of other clients and are not indicative of future performance or success.
Third-Party Materials And Web Site Links
The Market ICE Web site contains or may contain references and links to other companies and/or their Web sites, none of which is under the control of Market ICE. Market ICE makes no representations, warranties or endorsements whatever about any other Web sites to which you may have access through the Market ICE Web site, or any products or services of those other companies, even if the products or services of those other companies or their Web sites are described or offered on the Market ICE Web site or integrated with Market ICE's products or services.
Disclaimers: No Warranties of any Kind are Being Made or Given
Except as expressly provided otherwise in an electronic or written subscription and license agreement between you and Market ICE, all products, services, information, software and system performance offered or provided in this site are offered and/or provided "as is" without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular use or purpose.
You use this site and all Market ICE products and services at your own risk. In no event shall Market ICE be liable for any special, incidental, indirect or consequential damages of any kind, or any financial losses or damages whatever, including, without limitation, those resulting from loss of (or errors in) service, software or data, whether or not we have been advised of the possibility of such damages, and regardless of the theory of liability. This site, as well as your independent broker's order execution systems and services, could, and likely do, include some technical and other inaccuracies and errors. In addition, changes are periodically made to the information on this site without advance notice of any kind. Market ICE may also make (or accept from the applicable vendors or providers) improvements and/or changes in the products, services and programs described in this site at any time without advance notice of any kind.
Export Control Laws; Restricted Rights Legend
Software available on the Market ICE Website may be subject to United States export controls. No software from this site may be downloaded or otherwise exported or re-exported (1) into (or to a national or resident of) Cuba, Iraq, Libya, Sudan, North Korea, Iran, Syria or any other country to which the United States has embargoed goods; or (2) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders.
By downloading or using software from this site, you are agreeing to the foregoing and you are warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.
All Market ICE products and publications are commercial in nature. The software and documentation available on this site are "Commercial Items," as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users (A) only as Commercial Items and (B) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
Governing Law And Jurisdiction
This Web site is controlled by Market ICE from its offices within the State of New Hampshire, United States of America. By accessing this site, you and Market ICE agree that all matters relating to your access to, or use of, this site shall be governed by the statutes and laws of the State of New Hampshire, without regard to the conflicts of laws principles thereof. You and Market ICE also agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court of, in and for Hillsborough County, New Hampshire or, at Market ICE's option, the United States District Court for the District of New Hampshire, with respect to all such matters. Market ICE makes no representation that materials on this site are appropriate or available for use in other locations, and accessing them from territories where their content is illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.
Copyright; Limited License
The information on this site is protected by copyright:
Copyright © Market ICE, LLC 2001 - 2005. All rights reserved.
Except as specifically permitted herein, no portion of the information on this site may be reproduced in any form or by any means without prior written permission from Market ICE, LLC.
Use of Software. The software, data and accompanying documentation that are made available to download from this site are the copyrighted work of Market ICE, LLC, its licensors, and/or its data vendors. Use of the software and data is governed by the terms of the applicable license or other agreement(s).
Use of Web Site Information. Except as otherwise indicated elsewhere on this site, you may not copy, print or distribute documents, images or other media (collectively, "media") available on this site. To the extent, if any, that copying, printing or distribution is expressly permitted, it is subject to the following conditions:
- The media may be used solely in the manner and for the purposes expressed or implied through information on the site or as otherwise agreed to in writing with Market ICE, LLC;
- The media may not be modified or altered in any way, except as authorized in writing by Market ICE,LLC;
- Any copy of the media or any portion thereof must include the copyright notice above; and
- Market ICE, LLC reserves the right to revoke such authorization at any time, and any such use shall be discontinued immediately upon written notice from Market ICE.
Trademark Information
The trademarks, logos and service marks ("Marks") displayed on this site are (i) owned by Market ICE, LLC, or (ii) used by Market ICE under licenses from their respective owners, or (iii) are the property of other third parties. You are not permitted to use the Marks without the prior written consent of Market ICE, LLC or the applicable third parties.