License Agreement

Welcome to thinkorswim.com! thinkorswim is dedicated to providing visitors to this site with a highly interactive and positive experience, while at the same time protecting our rights and the rights of our users. We have developed these Terms and Conditions to govern your use of thinkorswim.com and the thinkorswim trading software, and we, along with our affiliates, partners and advertisers, provide content and services to you subject to the following conditions. Your use of our site tells us you have read and agreed to these Terms and Conditions. Please read them carefully. These Terms and Conditions are binding contract between you and TD Ameritrade, Inc., regarding your use of thinkorswim.com. If you do not agree with any of these terms, please exit thinkorswim.com.

Copyright

All of the information, content, services and software displayed on, downloaded from, transmitted through, or used in connection with thinkorswim.com, including for example directories, guides, articles, opinions, reviews, text, photographs, images, illustrations, audio clips, video, html, source and object code, software, data, and the like (the "Content"), as well as its selection and arrangement, is owned by TD Ameritrade, Inc. ("thinkorswim"), and its affiliated companies, licensors and suppliers. thinkorswim actively protects its rights to the Content to the fullest extent of the law. You may not use such material except as provided in these Terms and Conditions.

You may use the thinkorswim trading software and Content online and solely for your personal, limited commercial use as authorized by thinkorswim, and you may download the trading software and download or print a single copy of any portion of the Content for your personal, limited commercial use as authorized by thinkorswim, provided you do not remove any trademark, copyright or other notice contained in such Content. No other use is permitted. You may not, for example, republish the Content on any Internet, Intranet or Extranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any of the Content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content without the written consent of thinkorswim.

Requests to use the Content for any purpose other than as permitted in this paragraph should be directed to help@thinkorswim.com. In certain cases, you may be able to obtain a license to use Content that appears on thinkorswim.com through an online vendor we have specifically designated as authorized to license Content on our behalf. If we have authorized a third party vendor to grant you a license to any Content, we will tell you that directly in the portion of the Content you may license. If you do not see our express authorization, you should assume no third party has the right to allow you to use the Content.

Copyright Complaints

thinkorswim respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material placed by any third party on thinkorswim.com, please contact us at the address listed below under the heading "Contact Us."

Trademarks

The Content includes logotypes, trademarks and service marks (collectively "Marks") owned by thinkorswim and its affiliated companies, and Marks owned by other information providers and third parties. No Marks may be used in any manner unless approved in advance by thinkorswim.

Links to, and frames of, thinkorswim.com

If you operate a Web site and wish to link to thinkorswim.com, you may link only to the home page, www.thinkorswim.com, and not to any other page or sub-domain of thinkorswim.com. You may not frame or utilize framing techniques that involve any trademark, logo, copyrighted material or other proprietary information (including images, text, page layout, or form) of any portion of thinkorswim.com without our express written consent. In addition, you agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through thinkorswim.com, not to insert any code or product or manipulate the content of thinkorswim.com in any way that affects the users experience, effects the thinkorswim Web site functionality, and not to use any data mining, cancelbots, Trojan horse, or any data gathering or extraction method in connection with your use of thinkorswim.com.

You acknowledge that, as a service to users of thinkorswim web site, we include links to other web sites on the world wide web portion of the internet and that thinkorswim has no control over, and makes no representations of any kind whatsoever, regarding the content or appropriateness of content on such web sites, and you hereby irrevocably waive any claim against us with respect to such web sites.

Further, thinkorswim explicitly disclaims any responsibility for the accuracy, content, or availability of information found on sites that link to or from thinkorswim from third parties not associated with thinkorswim. Thinkorswim cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party sites, and you hereby irrevocably waive any claim against us with respect to such sites. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party and you hereby irrevocably waive any claim against us with respect to such sites.

Clients and Registration

Certain areas of thinkorswim.com may require registration or may otherwise ask you to provide information to download the trading software, participate in certain features, access certain Content. The decision to provide this information is purely optional, however if you elect not to provide such information, you may not be able to download the trading software, access certain Content or features or participate in various areas of thinkorswim.com. You may also provide information to thinkorswim in other contexts, including for example in order to enter a sweepstakes or promotion. When you register or become a Client of thinkorswim or provide information to thinkorswim.com in any other manner, you agree to provide only true, accurate, current and complete information on all registration pages. Using a name other than your own legal name is prohibited (except in those specific areas of thinkorswim.com that specifically ask for unique, fictitious names, e.g., certain message boards and chat rooms). You agree that thinkorswim.com may use the information you provide to us according to the Privacy Policy on our site.

If you become a Client of thinkorswim.com, you agree to accept responsibility for all activities that occur under your account or password, and agree you will not sell, transfer or assign your Client authorization or any Client rights. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so that others may not access thinkorswim.com using or conducting unauthorized transactions on the thinkorswim trading software your name in whole or in part. thinkorswim.com reserves the right to terminate Client accounts and deny access to the site to any person who violates these Terms and Conditions.

User-Created Content

By placing material on, or communicating with, thinkorswim, including for example communication during registration, communication on any thinkorswim.com bulletin board or message or chat area, posting any resume or photograph, entering any sweepstakes, etc., you represent and warrant that you own or otherwise control all of the rights to the content that you provide, that the content is accurate, that it does not violate these Terms and Conditions, and that it will not cause injury to any person or entity. You grant thinkorswim, its affiliates and related entities, including thinkorswim.com, a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from all information you provide to us, in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize thinkorswim to include the information you provide in a searchable format that may be accessed by users of thinkorswim.com and other thinkorswim Web sites. You also grant thinkorswim and its affiliates and related entities the right to use your name and any other information about you that you provide in connection with its use and with the reproduction or distribution of such material, and also grant thinkorswim the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you.

Please note that thinkorswim.com does not accept unsolicited materials or ideas for use or publication. thinkorswim.com is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to thinkorswim.com.

Other Specifics About Interactive Areas (Message Boards, Chat Areas, etc.)

thinkorswim.com interactive areas are provided to give users an interesting and stimulating forum to express their opinions and share their ideas and information. Given the nature of thinkorswim.com and the volume of messages and postings, thinkorswim.com cannot and does not monitor all of the material posted or transmitted by users and third party information providers. To protect your safety, please use your best judgment when using these forums. We particularly discourage divulging personal phone numbers and addresses or other information that can be used to identify or locate you. thinkorswim.com reserves the right to delete, move or edit any communications at any time, for any reason or in its discretion, but has no obligation to review or remove any such content.

Posting Rules

Interactive areas, discussion boards, chat rooms, etc., are intended to encourage public debate. We expect people to differ - judgment and opinion are subjective things and we encourage freedom of speech and a marketplace of ideas. But by using these areas of thinkorswim.com, you are participating in a community that is intended for all our users. Therefore, we reserve the right to remove any content posted on our site at any time for any reason. Decisions as to whether content violates any Posting Rule will be made by thinkorswim.com in its discretion after we have actual notice of such posting. Without limiting our right to remove content, we have attempted to provide guidelines to those posting content on our site. When using thinkorswim.com, please do not post material that:

  • contains vulgar, profane, abusive or hateful language, epithets or slurs, text or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature, or expressions of bigotry, racism, discrimination or hate.
  • is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, deceptive, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community, contains any actionable statement, or tends to mislead or reflect unfairly on any other person, business or entity.
  • violates any right of thinkorswim.com or any third party.
  • discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law.
  • violates any municipal, state or federal law, ruleTemplate, regulation or ordinance, or attempts to encourage such an evasion or violation.
  • unfairly interferes with any third party's uninterrupted use and enjoyment of thinkorswim.com.
  • advertises, promotes or offers to trade any goods or services, except in areas specifically designated for such purpose.
  • uploads copyrighted or other proprietary material of any kind on thinkorswim.com without the express permission of the owner of that material.
  • uses or attempt to use another's account, password, service or system except as expressly permitted by the Terms and Conditions.
  • includes images, photos, articles or other content that constitutes, promotes or encourages illegal acts, violation of any right of any individual or entity, violation of any local, state, national or international law, ruleTemplate, guideline or regulation, or otherwise creates liability.
  • uploads or transmits viruses or other harmful, disruptive or destructive files.
  • disrupts, interferes with, or otherwise harms or violates the security of thinkorswim.com, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through thinkorswim.com or affiliated or linked sites.
  • "flames" any individual or entity (e.g., sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual), or repeats prior posting of the same message under multiple threads or subjects.

WARNING: A VIOLATION OF THE FOREGOING GUIDELINES MAY BE REFERRED TO LAW ENFORCEMENT AUTHORITIES.

Communications with Third Parties Through thinkorswim.com.

Your dealings or communications through thinkorswim.com with any party other than thinkorswim.com are solely between you and that third party. For example, certain areas of thinkorswim.com may allow you to conduct transactions or purchase goods or services. In most cases, these transactions will be conducted by our third-party partners and vendors. Under no circumstances will thinkorswim.com be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. Please review carefully that third party policies and practices and make sure you are comfortable with those policies and practices before you engage in any transaction. Any complaints, concerns or questions you may have relating to materials provided by third parties should be forwarded directly to the third party.

General Disclaimer and Limitation of Liability:

While thinkorswim uses reasonable efforts to include accurate and up-to-date information, we make no warranties or representations as to the accuracy of the Content and assume no liability or responsibility for any error or omission in the Content. TD Ameritrade, Inc. does not represent or warrant that use of any Content, when authorized, will not infringe rights of third parties. In addition, in some cases, Content available on thinkorswim.com may be provided and/or hosted by third parties. thinkorswim has not reviewed all of the sites linked to thinkorswim.com and is not responsible for the content of any off-site pages or links to or from any other sites. While thinkorswim.com encourages such third parties to abide by these Terms and Conditions, thinkorswim.com has no responsibility for actions of third parties.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT USE OF THINKORSWIM.COM AND THE THINKORSWIM TRADING SOFTWARE IS AT YOUR OWN RISK. ALL CONTENT AVAILABLE THROUGH THINKORSWIM.COM AND THE THINKORSWIM TRADING SOFTWARE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEITHER THINKORSWIM, NOR ANY OF ITS AFFILIATED OR RELATED COMPANIES, OR ANY OF ITS OR THEIR EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS, MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND REGARDING THINKORSWIM.COM, THE CONTENT, ANY ADVERTISING MATERIAL, OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF SUCH SERVICES OR SITES. THINKORSWIM MAKES NO WARRANTY THAT THINKORSWIM.COM WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, OR THAT THE THINKORSWIM TRADING SOFTWARE, THINKORSWIM.COM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR DESTRUCTIVE FILES.

THINKORSWIM.COM CONTAINS FACTS, VIEWS, OPINIONS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. THINKORSWIM DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THINKORSWIM.COM. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION IS AT YOUR SOLE RISK.

THINKORSWIM SPECIFICALLY DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES REGARDING THINKORSWIM.COM OR ANY CONTENT, SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THINKORSWIM, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST INFRINGEMENT, AND WARRANTIES AS TO THE AVAILABILITY, ACCURACY, COMPLETENESS OR CONTENT OF ANY INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THINKORSWIM.COM. THINKORSWIM ASSUMES NO RESPONSIBILITY, AND IS NOT LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN, THINKORSWIM.COM OR YOUR DOWNLOADING OF ANY SOFTWARE, MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THINKORSWIM.COM.

IN NO EVENT SHALL THINKORSWIM, OR ANY OF THEIR AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE CONTENT OR ANY ERRORS OR OMISSIONS IN THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THINKORSWIM, OR ANY OF THEIR AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY AMOUNT FOR DIRECT DAMAGES IN EXCESS OF ONE HUNDRED DOLLARS (U.S. $100.00).

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, AND/OR THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

Indemnity. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, THINKORSWIM, ANY OF THEIR PARENT AND AFFILIATED COMPANIES, AND EACH OF THEIR RESPECTIVE PARTNERS, SUPPLIERS, LICENSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS AND AGENTS, FROM ANY AND ALL CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES (INCLUDING ATTORNEYS' FEES AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATION REGARDING: (A) YOUR USE OF THINKORSWIM.COM; (B) THINKORSWIM.COM'S USE OF ANY CONTENT OR INFORMATION YOU PROVIDE, AS LONG AS OUR USE IS NOT INCONSISTENT WITH THIS AGREEMENT; (C) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR MEMBERSHIP ACCOUNT, EVEN IF NOT POSTED BY YOU; AND, (D) ANY VIOLATION OF THIS AGREEMENT BY YOU.

International Users.

thinkorswim.com is controlled, operated and administered by thinkorswim from its offices within the United States. thinkorswim makes no representation that materials or Content available through thinkorswim.com are appropriate or available for use outside the United States and access to them from territories where their contents are illegal is prohibited. You may not use thinkorswim.com or export the Content in violation of U.S. export laws and regulations. If you access thinkorswim.com from a location outside the United States, you are responsible for compliance with all local laws.

Miscellaneous:

thinkorswim reserves the right to change these Terms and Conditions at any time in its discretion and to notify users of any such changes solely by changing this Terms and Conditions. Your continued use of thinkorswim.com after the posting of any amended Terms and Conditions shall constitute your agreement to be bound by any such changes. Please note that your use of this site prior to the time these Terms and Conditions were posted will be governed according to the Terms and Conditions that applied at the time of your use.

thinkorswim may modify, suspend, discontinue or restrict the use of any portion of thinkorswim.com, including the availability of any portion of the Content at any time, without notice or liability. thinkorswim may deny access to any person, client or user at any time for any reason. In addition, thinkorswim may at any time transfer or assign its rights and obligations under this Agreement to any thinkorswim affiliate, subsidiary or business unit, or any of their affiliated companies or divisions, or any entity that acquires thinkorswim or any of their assets.

These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to thinkorswim must be filed in a federal or state court located in Chicago, Illinois, within two (2) months of the time in which the events giving rise to such claim began, or you agree to waive such claim. If for any reason any provision of this Agreement is found unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected in that provision, and the remainder of the Agreement shall continue in full force and effect. Any failure of thinkorswim to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision. The section titles used in this Agreement are purely for convenience and carry with them no legal or contractual effect. In the event of termination of this Agreement for any reason, you agree that the following provisions will survive: the provisions regarding the limitations on your use of Content, the license(s) you have granted to thinkorswim, and all other provisions for which survival is equitable or appropriate.

Contact Us

To contact thinkorswim, please use the following:

thinkorswim, Division of TD Ameritrade Inc.
600 W. Chicago Ave., Suite 100, Chicago, IL 60654-2597
phone: 773-435-3210
facsimile: 773-435-3232
email: support@thinkorswim.com

© 2010, TD Ameritrade, Inc.

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