Welcome to the simple world of Market Simplified Financial, hereby known as "Market Simplified Financial". Market Simplified Financial is a fully owned subsidiary of INXS Technologies Ltd. For the purpose of the agreement between end user and this service, INXS Technologies and Market Simplified Financial represent the same party. Market Simplified Financial provides its service to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. We would however endeavor to make you aware of these changes. You can review the most current version of the TOS at any time at: http://www.marketsimplified.com/info/TOS. In addition, when using particular Market Simplified Financial owned or operated services, you and Market Simplified Financial shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules (including but not limited to) are hereby incorporated by reference into the TOS. Market Simplified Financial may also offer other services that are governed by different Terms of Service. For instance, different terms that applies through our partnership services.
Market Simplified Financial Inc provides users with access to a rich collection of financial information resources, including (but not limited to) various financial tools, news, forums, expert advice, education, personalized content and branded programming through its network of properties which may be accessed through any various medium or device now known or hereafter developed (the "Service").
You also understand and agree that the Service may include advertisements and that these advertisements are necessary for Market Simplified Financial Inc to provide the Service.
You also understand and agree that the Service may include certain communications from Market Simplified Financial, such as service announcements, administrative messages, MarketSimplified mailers and that these communications are considered part of Market Simplified Financial membership and you will not be able to opt out of receiving them.
Unless explicitly stated otherwise, any new features that augments or enhances the current Service, shall be subject to the TOS.
You understand and agree that the Service is provided "AS-IS" and that Market Simplified Financial assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges).
You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
The alerts subscribed to as part of the MarketSimplified Service are for information only and should not be relied upon for emergencies or critical investment decisions.
Market Simplified Inc shall not be liable for any losses incurred as a result of either the accuracy or timing of the alerts.
2 a. EXTERNAL IMPORT TOS
As part of this service you may request a portfolio import from third party websites and portal for which you will be requested to provide username and password details of that third party account.
You accept that these are provided by you voluntarily.
You also understand that this will be used for a one time access into your account for the purpose of importing your portfolio and that Market Simplified will not store your username or password permanently.
Market Simplified disclaims all liability resulting from access to your third party account as mentioned above.
3 a. RELATIONSHIP
(i) "TD AMERITRADE, Inc. and [vendor Name] are separate, unaffiliated companies and are not responsible for each other's services and products."
(ii) "Brokerage services provided exclusively by TD AMERITRADE, Inc., member SIPC."
3 b. OFFER SUMMARY (30 days free trading for TD AMERITRADE)
*30 days free trading for TD AMERITRADE. Offer valid for one new individual or Joint TD AMERITRADE account opened by December 31, 2008
and funded within 30 days with $2,000 or more. To receive $100 bonus, account must be funded
with $25,000 or more within 30 days of account open date. IRA and other tax-exempt accounts are
not eligible to receive the $100 cash bonus. Offer is not transferable and not valid with internal
transfers, accounts using the Amerivest service, accounts managed by independent investment
advisors and maintained by TD AMERITRADE Institutional,
current TD AMERITRADE accounts or
with other offers. Commission-free Internet equity trades will be limited to a maximum of
500 Internet equity trades. Qualified commission-free Internet equity orders must execute
within 30 days of account funding. Limit one offer per client. Taxes related to TD AMERITRADE
offers are your responsibility. Retail values totalling $600 or more during the calendar year
will be included in your consolidated Form 1099. Account must remain open with minimum funding
for 9 months, or TD AMERITRADE may charge the account for the cost of the cash awarded to the
account. TD AMERITRADE reserves the right to restrict or revoke this offer at any time.
This is not an offer or solicitation in any jurisdiction where we are not authorized to do business.
TD AMERITRADE, Inc., member FINRA/SIPC. TD AMERITRADE is a trademark jointly owned by
TD AMERITRADE IP Company, Inc. and The Toronto-Dominion Bank.
© 2008 TD AMERITRADE IP Company, Inc. All rights reserved. Used with permission.
3 c. PASSWORD SECURITY
PASSWORDS ARE USED AT THE USER'S OWN RISK AND NO LIABILITY WILL BE ASSUMED. BY USING THIS SOFTWARE, YOU AGREE THAT THE DEVELOPER OF THE SOFTWARE OR THE BROKERAGE IS NOT LIABLE FOR ANY LOSSES INCURRED.
"You understand and agree that your use of the software is at your sole risk. You agree that your access to, and use of, the software and the content available through the software is on an "AS-IS", "AS AVAILABLE" basis. Password will be stored encrypted on your device only if you choose the option of saving it. Anyone with access to this device will be able to view all content but will NOT be able to place trade orders without entering the password. By saving the password, you accept full responsibility for that action, and agree to not hold the developer of the software liable for any loss and/or damages resulting from saving the password information and resulting actions.
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Market Simplified Financial has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Market Simplified Financial has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Market Simplified Financial is concerned about the safety and privacy of all its users.
Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy at http://www.marketsimplified.com/info/privacy_policy. You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by Market Simplified Financial and its affiliates.
You will receive a password, a 16 digit PIN and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Market Simplified Financial of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Market Simplified Financial cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
You understand that all information, data, text, software, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Market Simplified Financial, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Market Simplified Financial does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will Market Simplified Financial be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
When you register with Market Simplified Financial you acknowledge that in using Market Simplified Financial Inc services to send electronic communications (including but not limited to email, search queries, sending messages to Market Simplified Financial and associated members, partners and other Internet activities), you will be causing communications to be sent through Market Simplified Financials computer networks, portions of which are located in Chicago, and other locations in the United States and portions of which are located abroad. As a result, and also as a result of Market Simplified Financials network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this Terms of Service, you acknowledge that use of the service results in interstate data transmissions.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Market Simplified Financial Inc does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant Market Simplified Financial the following worldwide, royalty-free and non-exclusive license(s), as applicable:
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to Market Simplified Financial through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Market Simplified Financial is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Market Simplified Financial shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Market Simplified Financial may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Market Simplified Financial without any obligation of Market Simplified Financial to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Market Simplified Financial under any circumstances.
You agree to indemnify and hold Market Simplified Financial and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your Market Simplified Financial ID), use of the Service, or access to the Service.
You acknowledge that Market Simplified Financial may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of messages that may be sent from or received by an account on the Service, the maximum size of any message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Market Simplified Financial servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Market Simplified Financial has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Market Simplified Financial reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Market Simplified Financial reserves the right to modify these general practices and limits from time to time.
MODIFICATIONS TO SERVICE Market Simplified Financial reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Market Simplified Financial shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that Market Simplified Financial may, under certain circumstances and without prior notice, immediately terminate your Market Simplified Financial account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to,
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Market Simplified Financial shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Market Simplified Financial has no control over such sites and resources, you acknowledge and agree that Market Simplified Financial is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Market Simplified Financial shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Market Simplified Financial or its advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. Market Simplified Financial grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Market Simplified Financial for use in accessing the Service.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Market Simplified Financial AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Market Simplified Financial HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (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 SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 18 AND 19 MAY NOT APPLY TO YOU.
If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Service concerning companies, stock quotes, investments or securities, please read the above Sections 19 and 20 again. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. Market Simplified Financial and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions based on such information.
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
Market Simplified Financial may provide you with notices, including those regarding changes to the TOS, by email, regular mail or postings on the Service.
The Market Simplified Financial , Market Simplified Financial Inc logo and other Market Simplified Financial Inc logos and product and service names are trademarks of Market Simplified Financial Inc. Without Market Simplified Financial's prior authorized and written permission, you agree not to display or use in any manner the Market Simplified Financial logos and all associated content and design.
Market Simplified Financial respects the intellectual property of others, and we ask our users to do the same. Market Simplified Financial may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Market Simplified Financial's Copyright Agent the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Market Simplified Financial's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail:
Market Simplified Inc
Legal Cell
800 E. Northwest Highway,
Suite 110, Mount Prospect,
IL 60056
By email: legal@marketsimplified.com
Entire Agreement. The TOS constitutes the entire agreement between you and Market Simplified Financial and governs your use of the Service, superseding any prior agreements between you and Market Simplified Financial with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Market Simplified Financial services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. The TOS and the relationship between you and Market Simplified Financial shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions. You and Market Simplified Financial Inc agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Kent.
Waiver and Severability of Terms. The failure of Market Simplified Financial to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is 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 TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your Market Simplified Financial account is non-transferable and any rights to your Market Simplified Financial ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. 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 TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS to our legal cell at legal@marketsimplified.com