Toolbar Terms
The protection of one's personal information is the type of thing that every
online trader needs to be able to take for granted. At optionsXpress, we consider
it to be among our most important responsibilities.
BY INSTALLING AND USING THE SOFTWARE ("TOOLBAR"), YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS THEN IN EFFECT, WHICH MAY BE UPDATED AND POSTED PUBLICLY ON THE OPTIONSXPRESS WEBSITE AT WWW.OPTIONSXPRESS.COM/RISKS.ASPX.
Disclaimer of Warranties and Liability
THIS APPLICATION AND THE SERVICES AND INFORMATION ARE PROVIDED "AS IS," AND THERE MAY BE ERRORS, DELAYS, OMISSIONS OR INACCURACIES IN SUCH APPLICATION, INFORMATION AND DATA.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD THIS TOOLBAR AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE TOOLBAR.
OPTIONSXPRESS, ITS AFFILIATES, AGENTS, INFORMATION PROVIDERS, AND LICENSORS, CANNOT AND DO NOT GUARANTEE THE ACCURACY, SEQUENCE, COMPLETENESS, TIMELINESS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE APPLICATION NOR OF THE INFORMATION OR DATA MADE AVAILABLE THROUGH THE SERVICE.
NEITHER OPTIONSXPRESS NOR ANY OF ITS AFFILIATES, AGENTS, INFORMATION PROVIDERS, OR LICENSOR SHALL BE LIABLE TO YOU OR TO ANYONE ELSE FOR ANY LOSS OR DAMAGES CAUSED IN WHOLE OR IN PART BY THE FAILURE OR ERROR OF THIS APPLICATION OR THE SERVICES OR INFORMATION IT ACCESSES, INCLUDING BUT NOT LIMITED TO ANY LOSSES DUE TO ITS NEGLIGENCE OR OMISSION IN PROCURING, COMPILING, INTERPRETING, EDITING, WRITING, REPORTING, OR DELIVERING ANY INFORMATION OR DATA, OR SERVICE THROUGH THE APPLICATION.
IN NO EVENT WILL OPTIONSXPRESS, ITS AFFILIATES, AGENTS, INFORMATION PROVIDERS, OR LICENSOR BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON SUCH INFORMATION OR DATA OR FOR ANY CONSEQUENTIAL, SPECIAL OR SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, TRADING LOSSES, DAMAGES RESULTING FROM INCONVENIENCE, OR LOSS OF USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Limitations, Restrictions and Termination of Services
This application, information and services may be updated, discontinued or limited at any time without notice. You understand that you are responsible for updating and maintaining up to date versions of the toolbar.
You are authorized to this application for your own personal non-commercial use only, and you are not authorized to resell access to any such materials or to make copies of any such materials for sale or use to and by others without the expressed written permission of a duly authorized officer of optionsXpress.
Intellectual Property
You acknowledge that optionsXpress owns all rights to the Toolbar, portions thereof, or software provided through or in conjunction with the Toolbar, including without limitation all Intellectual Property Rights. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.
You agree not to modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Toolbar. You also agree to not remove, obscure, or alter any opsxpress copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Toolbar.
Miscellaneous Provisions
These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to the conflict of laws provisions therein or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, the remainder of these Terms and Conditions will continue in full force and effect.
These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. In the event of a conflict between these terms and the terms and conditions of any other agreement between the parties, these terms shall supersede with respect to the Toolbar.
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