Terms of Service

Last updated: March 2017

PLEASE READ THESE INVESTOOLS TERMS OF USE (THE “TERMS OF USE”) CAREFULLY. BY ACCESSING OR USING THE INVESTOOLS WEBSITE (DEFINED BELOW) YOU AGREE TO BE BOUND BY AND ABIDE BY THESE TERMS OF USE BETWEEN YOU AND INVESTOOLS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, PLEASE DO NOT USE THIS WEBSITE.

These Terms of Use apply to https://www.investools.com/ and the other Investools web sites, features, applications, online services and functionality made available on or through https://www.investools.com/, whether accessed via computer, mobile device or otherwise (collectively, the “Investools Website”). The Investools Website includes, without limitation: the Investor Toolbox®; the Investools Coaching Corner; individual items within databases or services that may constitute independent works of authorship; documentation, including user manuals, operations manuals and the like provided to you by or for Investools, for use in connection with the Investools Website; and courses, video presentations, audio presentations, slideshows, software, products, services, data or information provided by Investools or obtained through the Investools Website.

The Investools Website is owned or controlled by Investools Inc. (“Investools”), although software, hosting and other functions and content may be provided by Investools’ service providers or other companies affiliated with Investools or by companies that are merely in a business relationship with Investools.

These Terms of Use constitute a binding agreement between Investools and you governing your use of the Investools Website. By using and/or visiting the Investools Website, you signify your assent to both these Terms of Use and the Online Privacy Policy for Investools Inc. ("Privacy Policy"), which is specifically incorporated into these Terms of Use by reference.

Investools and its licensors reserve the right to amend or replace any portion of these Terms of Use, or change, suspend or discontinue the Investools Website, at any time in its sole discretion without any notice to you. You agree that Investools may notify you of any updated Terms of Use by posting them and making them accessible on the Investools Website. It is your responsibility to review these Terms of Use periodically for any changes before using the Investools Website. Your use of the Investools Website (or other conduct as we may reasonably specify) following the posting of any updated Terms of Use will signify your assent to and acceptance of the updated Terms of Use. The updated Terms of Use will be effective as of the time of posting, or such later date as may be specified in the updated Terms of Use, and will apply to your use of the Investools Website from that point forward.

I. Permission to Use Investools Website.

Investools hereby grants you permission to use the Investools Website as set forth in these Terms of Use.

If Investools provides you with an access identification number, you may not allow concurrent use of the Investools Website by multiple users utilizing identical user identification numbers, or allow another person or entity to use your user identification number to access the Investools Website.

You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or similar technological devices or programs, that access the Investools Website in a manner that sends more request messages to the Investools servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Investools grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Investools reserves the right to revoke these exceptions either generally or in specific cases, in its sole discretion.

You agree not to collect or use any personally identifiable information ("Personal Information") from the Investools Website, nor use the communication systems provided by the Investools Website for any commercial solicitation purposes, including without limitation to solicit any users of the Investools Website.

You agree not to (a) interfere with or disrupt the Investools Website or any Investools Website servers or networks or (b) intentionally or unintentionally violate any applicable local, state, national or international law, including, without limitation, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, NYSE Euronext or the NASDAQ, and any regulations having the force of law.

You agree that you will not access or otherwise use the Investools Website in any unlawful manner, for any unlawful purpose or in violation of these Terms of Use.

II. Ownership and Intellectual Property Rights.

The Investools Website, including without limitation, the text, graphics, and photos created by or for Investools, interactive features, past, present and future versions, content available for download or use, domain names, source and object code and the "look and feel" of the Investools Website ("Content") and the trademarks, service marks, trade names, designs, symbols, and other designations and combinations of the preceding items, used to identify or distinguish Investools, its business, services, community and/or products, including without limitation all logos and all product and designs and features (collectively, the "Marks"), are the valuable, exclusive property of Investools or its licensors, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Nothing in these Terms of Use will be construed as transferring or assigning any ownership rights in such property to you or any other person or entity.

You have a license to use the Investools Website as long as you comply with the terms of these Terms of Use or until Investools terminates these Terms of Use or your access rights. Content on the Website is provided to you "AS IS" for your information and personal use only. You may not use, copy, alter, adapt, reproduce, display, distribute, transmit, broadcast, sell, license, publish, rent, lease, sublicense, transfer or otherwise exploit the Content or the Marks for any purpose whatsoever without the prior written consent of Investools or as expressly provided herein. Investools reserves all rights not expressly granted in and to the Website, Marks and the Content contained therein.

You may not remove, alter or obscure any copyright, legal or proprietary notice in or on any portion of the Investools Website. You agree to not circumvent, disable or otherwise interfere with security related features of the Investools Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Investools Website or the Content therein. You will not allow or assist any third party (whether or not for your benefit) to copy or adapt any object code associated with the Investools Website or reverse engineer, modify or attempt to discover any source code associated with the Investools Website.

III. Rules of Conduct.

The Investools Website is designed to help you get insight, exchange ideas and connect online with other beginning and advanced investors. We want the Investools Website to be a friendly, informative and safe place for all of our users.

By using the Investools Website, you are responsible for conducting yourself in compliance with all applicable laws, rules and regulations, and agree to abide by the following Rules of Conduct:

  • Do not make comments that contain harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libelous, hateful, racist, sexist, or homophobic language or content, or are otherwise objectionable, such as by using profanity;
  • Do not use or post any content that belongs to other people and pass it off as your own. This includes any content that you might have found elsewhere on the Internet.
  • Do not imply or state, directly or indirectly, that you are affiliated with or endorsed by Investools or any of its parent, affiliate or subsidiary companies.
  • Do not use the Investools Website to harass or stalk any person;
  • Do not disrupt other users' enjoyment of the Investools Website;
  • Do not post under another person's name or impersonate another person or entity on the Investools Website or otherwise misrepresent yourself;
  • Do not make postings that contain personal details or private information about any other person, including Investools employees (or otherwise violates our Privacy Policy);
  • Do not make postings that infringe any patent, trademark, copyright, trade secret, privacy right, right of publicity, or other proprietary or intellectual property right of another person or entity;
  • Do not make postings that may be considered spamming or contain chain letters or any other form of unauthorized solicitation, including the solicitation of lawsuits;
  • Do not make postings that contain viruses, Trojan horses, worms, time bombs, cancel-bots or any other computer code or files that are designed to disrupt, damage or limit the functioning of any software or hardware;
  • Do not make postings that interfere with the operation of the Investools Website, such as broadcast attacks, or attempt to overload the system;
  • Do not make postings that contain trade secrets, inside information, proprietary information, or other confidential information learned or disclosed as part of an employment relationship or under a nondisclosure agreement;
  • Do not make postings that violate U.S. export laws;
  • Do not use the Investools Website to discuss how to commit illegal acts or encourage illegal activity of any kind, including any matters that would violate securities or antitrust laws. For example, you must not discuss pricing or post any recommendations about investments. If someone could go to jail for taking action suggested by you, don't upload or post it; and
  • Do not post pictures, videos or images that contain individuals other than you. If you choose to upload a photo or video to the Investools Website, make sure they contain only you. Any photos or videos must be appropriate for this Investools Website and must not depict anyone or any entity in an unflattering manner.

Your use of the Investools Website is permitted solely for your personal, noncommercial use. The Investools Website may not be used to solicit business or promote your business ventures or to promote the businesses of any third party, or to allow competitors of Investools or its affiliates to solicit for their businesses. Specifically:

  • Do not use the Investools Website for a commercial purpose. You may not advertise or promote a product or service. You may not use the Investools Website to raise money for anyone or for a pyramid or other multi-tiered marketing scheme. You agree that you will not monetize any portion of the Investools Website;
  • Do not post any job solicitation or offer;
  • Do not make or solicit any endorsement of another person or product or company;
  • Do not make postings that contain commercial advertising or promotions or junk mail of any kind;
  • Do no post any charitable solicitation. The Investools Website is not the place to advertise charitable activity or solicit funds or pledges in connection with any charity, fundraiser or other charitable purpose; and
  • Do not offer your own promotions, sweepstakes, contests, etc. on the Investools Website.

IV. Access to the Investools Website.

In order to participate in certain features of the Investools Website, you will need to register for an account. You agree to: (a) create only one (1) account, which you may not share with anyone else; (b) provide accurate, truthful, current and complete information when creating your account; (c) maintain and promptly update your account information; (d) maintain the security of your account by not sharing your password with others and restricting access to your account and your computer; (e) promptly notify Investools if you discover or otherwise suspect any security breaches relating to the Investools Website; and (f) take responsibility for all activities that occur under your account and accept all risks of unauthorized access.

By creating an account and participating on the Investools Website, you affirm that you are at least 18 years of age and fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. If any of your information changes, you agree to update your registration information as soon as possible. If Investools suspects that your registration information is not complete, current, or accurate, or that you have otherwise violated these Terms of Use, your account may be subject to suspension or termination, and you may be barred from using the Investools Website.

If you register with us to use the Investools Website, you agree to be responsible for any activities that occur under your account or password, and you agree you will not sell or otherwise transfer your membership or any membership rights, and you hereby release Investools from any and all liability that may arise in connection with your use of the Investools Website. We may refuse to grant to you, and you may not use, a screen name or email address that is already being used by someone else, impersonates another person, belongs to another person (without that person's prior consent), violates the intellectual property or other rights of any person, is offensive for any reason, or that we reject for any other reason at our sole discretion. You may have only one screen name. You are responsible for maintaining the confidentiality of your password, and you will be held liable for all activities that occur under your screen name. You will notify Investools if your member name or password has been lost, stolen, or used by another person. If you become aware of any unauthorized use of your password or of your account, you agree to notify Investools immediately at support@investools.com.

The Investools Website should not be deemed a confidential community. Therefore, do not post or otherwise make available anything you would not want others to see in public.

V. Postings on the Investools Website.

Due to the interactive nature of postings on the Investools Website, we are unable to assume responsibility for any of the materials posted by users. The ideas, suggestions, opinions, comments, and observations made by users, and any text, data, files, avatars, designs, contest submissions, photographs, images, likenesses, video, music, sound, voice recordings, chat, messages, files, biographical information or other material posted (all of which are referred to as "Postings") are not endorsed by Investools, and we make no guarantee regarding the reliability, accuracy, or quality of any Posting. Your Posting may be available for all other users to view and download.

You acknowledge that you will evaluate and bear any risks related to your use of any Posting, including any reliance on the accuracy, completeness, or usefulness of such Posting. All Postings are the sole responsibility of the person who originally posted the Posting, and your sole recourse for any damage you may suffer as a result of Postings shall be to such individual. Investools expressly disclaims any and all liability in connection with Postings.

You shall be solely responsible for your own Postings and the consequences of posting or publishing them. You acknowledge that the Internet may be subject to breaches of security and you are aware that submissions of Postings or other information may not be secure, and you should consider this before submitting any information to Investools or the Investools Website. You also understand and acknowledge that: (a) Investools has wide access to ideas and other materials and that many ideas may be similar or identical to your submission (your Posting) and/or each other; (b) you will not be entitled to any compensation as a result of Investools’ use of any such similar or identical material, except as specifically set forth in rules or other documents that govern certain aspects of your use of the Investools Website; and (c) Investools does not now and will not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of your copyright in and to your Posting. You agree that your Posting be treated as non-confidential and non-proprietary and will not be returned. You agree that you either: (i) own the rights to the Posting you submit and the right to grant all of the rights and licenses in these Terms of Use; or (ii) you have all necessary rights and licenses from the owner(s) of these rights to enter into these Terms of Use and grant Investools the license above. Upon Investools’ request, you will furnish Investools any documentation, substantiation or releases necessary to verify your compliance with these Terms of Use.

By submitting the Postings to the Investools Website, you hereby grant Investools a worldwide, irrevocable, non-exclusive, perpetual, royalty-free, sub licensable, and transferable right and license to use, reproduce, distribute, prepare derivative works of, display, and perform the Postings in connection with the Investools Website and Investools’ (and its successor's) business, including without limitation for promoting and redistributing part or all of the Investools Website (and derivative works thereof) in any media now known or hereafter developed, and may grant additional ownership or other rights as set forth in additional rules or other documents that govern certain aspects of your use of the Investools Website. You authorize Investools to publish your Posting in a searchable format that may be accessed by users of the Investools Website. Except as prohibited by law, you waive any moral rights you may have in any Posting you submit, even if such Posting is altered or changed in a manner not agreeable to you.

You further perpetually and irrevocably grant Investools the unconditional right to use, disseminate and display your name, persona and likeness included in any Posting and in connection with any Posting without any obligation or payment to you.

You agree that Investools has no obligation to monitor or enforce your intellectual property rights to your Postings but has the right to protect and enforce its rights to use your Postings. You further acknowledge and agree that Investools will not have any obligation to you with regard to Postings and that Investools may or may not monitor, display or accept your Postings and may delete them at any time and you may have no right to access or control any Postings that you provide once you provide it.

VI. Monitoring and Enforcement.

You are solely responsible for your interaction with other users of the Investools Website, whether online or offline. We are not responsible or liable for the conduct of any user. Exercise common sense and your best judgment in your interactions with others, when you submit or post any personal or other information, and in all other online activities.

Investools reserves the right, but has no obligation, to monitor any and all use of and information transmitted or received through the Investools Website. Investools, in its sole discretion and without further notice to you, may review, censor or prohibit any activities that Investools determines violates any term or condition of these Terms of Use, including by revoking user access.

Investools may record and monitor any telephone or electronic communication for quality assurance purposes.

Investools does not pre-screen, verify or edit Postings on the Investools Website. However, Investools and its agents reserve the right to investigate any violation of the terms of these Terms of Use and to take such remedial action as it deems appropriate. Investools has the sole discretion to enforce the terms of these Terms of Use, including, but not limited to warning users of violations, disabling or suspending privileges and access, deleting, screening or editing any content or prohibiting any behavior that does not comply with these Terms of Use. If Investools decides it is necessary to remove any content, Investools may remove the entire thread and any accompanying material.

VII. Content is for Informational Purposes; Not Investment Advice.

The information shared on the Investools Website is for informational purposes ONLY. Such information is not meant to be financial or investment advice of any kind.

The results described in any testimonials are not indicative of the results individual investors may generally expect to achieve. Users should not expect to experience similar results.

NEITHER INVESTOOLS NOR ANY THIRD PARTY HAS VERIFIED THE TRUTH OR ACCURACY OF THE RESULTS OR EXPERIENCES DESCRIBED IN THESE TESTIMONIALS.

Trading securities and other financial instruments can involve high risk and the loss of all amounts invested. Trading securities and other financial instruments on margin or with other forms of leverage or borrowings can result in losses in excess of the amount invested. Investment related information provided by any user of the Investools Website may not be appropriate for many investors, and is provided without respect to individual investor financial sophistication, financial situation, investing time horizon, or risk tolerance. Such information is for general information purposes only. None of such information is meant to constitute financial or investment advice.

VIII. Links to Third Party Sites.

The Investools Website, or communications you receive from the Investools Website, may contain links to third party websites or online features that are not owned, controlled, or endorsed by Investools. Investools has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH OTHERS FOUND THROUGH THE INVESTOOLS WEBSITE INCLUDING, WITHOUT LIMITATION, THE PAYMENT AND DELIVERY OF PRODUCTS AND SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. By using the Investools Website, you specifically release Investools from any and all liability arising from your use of any third party website.

IX. Procedure for Reporting Violations of these Terms of Use.

Constructive feedback regarding Investools services can be submitted to support@investools.com.

Feedback regarding the Investools website, its use or application can be submitted to suggestions@investools.com.

The Investools Website is not an appropriate environment to express concerns about Investools, its partners, affiliates or services. Postings on a message board or in comment areas do not constitute notice to Investools for any purpose. To make a formal complaint regarding the Investools Website, send a signed written letter of complaint to:

Investools Website Complaints - Product Development
Investools Inc.
13947 Minuteman Drive
Draper, UT 84020

Your letter of complaint must:

  • identify the posting in issue and include a copy of the posting and the location of the posting or if not about a posting;
  • describe with reasonable detail the offending behavior; and
  • provide information sufficient to permit Investools to contact you (e.g., email address, postal address and fax number).

X. Procedure for Reporting Copyright Infringements.

In accordance with the Digital Millennium Copyright Act of 1998 (the "DMCA"), Investools has a designated agent for receiving notices of copyright infringement and Investools follows the notice and take down procedures of the DMCA. If you are a copyright owner or an agent thereof and believe that any content on the Investools Website infringes upon your copyrights, you may submit a notification pursuant to the DMCA by providing our Designated Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Investools to locate the material;
  • Information reasonably sufficient to permit Investools to contact you, such as an address, telephone number, and, if available, an email address;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you are the content provider and you believe that your content that was removed or to which access was disabled is either not infringing, or you believe that you have the right to post and use such content from the copyright owner, the copyright owner's agent, or pursuant to the law, you must send a counter-notice containing the following information to the Designated Agent:

  • Your physical or electronic signature;
  • Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  • A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
  • Your name, address, telephone number, and, if available, e-mail address; and
  • A statement that you consent to the jurisdiction of the Federal Courts located in Nebraska and that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Designated Agent, Investools may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Investools’ discretion.

Please send your notice of claims of copyright infringement or counter-notices to Investools’ Designated Agent to at the following mailing or email address:

Legal Department – Copyright Agent
200 South 108th Avenue
Omaha, Nebraska 68154
copyright@tdameritrade.com
1-800-237-8692

It is often difficult to determine if your intellectual property rights have been violated or if the DMCA requirements have been met. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter. Investools will provide you with notice if your materials have been removed based on a third party complaint of alleged infringement. We have a policy of terminating the accounts of users who (in our reasonable discretion) are repeat infringers.

XI. Your Personal Information.

By registering, using the services (including submitting Postings), or emailing us, you will be supplying us with "personal information." We collect this to administer and help you use the services, send you a password, contact you about Postings, and keep in touch with you.

By registering, using the services (including submitting Postings), or emailing us, you will be supplying us with "personal information." We collect this to administer and help you use the services, send you a password, contact you about Postings, and keep in touch with you.

Any information that you post on the Investools Website is public. If you do not want information to be public, do not post it. Any personal information you post can be obtained and used by others. Your use of the Website is also subject to the Investools Privacy Policy. Investools shall not be liable for any claims or damages arising from your Postings or from your posting of your personal information.

Investools may release information concerning your use of the Investools Website or disclosure of your personal information when Investools believes such action is necessary or appropriate to comply with the law (such as a subpoena, warrant or court order), to enforce these Terms of Use, to protect Investools' rights or property, or to protect other users of the Investools Website from fraudulent, abusive, or unlawful use of the Investools Website or if Investools believes that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure of communications or justifies disclosure of records immediately.

XII. Delays in Services; Force Majeure.

Any delays in or failure of performance by Investools or any of its licensors, service providers or service sponsors (including its and their officers, directors, employees, affiliates, agents, representatives and subcontractors) shall not give rise to any claims for damages, or any loss or liability, if and to the extent caused by interruptions due to electronic or mechanical equipment failures, telephone interconnect problems, defects, or occurrences beyond Investools' control, including but not limited to acts of governmental authority, weather, fire, floods, explosions, acts of God, strikes or other concerted acts of workers, riots, armed conflicts, acts of war, or sabotage. Investools shall have no responsibility to provide you access to the Investools Website while interruption of the Investools Website due to any such or similar cause shall continue.

XIII. Equipment and Operation.

You are responsible for providing and maintaining all telephone and other equipment necessary to access the Investools Website, and the costs of any such equipment and/or telephone connections or use, including any applicable taxes, shall be borne solely by you. You shall pay Investools for your use of the Investools Website, and be billed in accordance with your access to the Investools Website. You are responsible for operating your own equipment and for familiarity with the information (e.g., calculations and reports) used with or available through the Investools Website. Investools reserves the right to refuse assistance or to charge additional fees if you seek assistance from Investools with respect to such basic background information or any other matters not directly relating to the operation of the Investools Website. Neither Investools nor its licensors shall have any responsibility to provide you with alternate access to the Investools Website if your access is interrupted due to a breakdown or failure of your equipment.

XIV. Linking Policy.

Investools grants you the revocable permission to link to publicly available (i.e., non-password protected) portions of the Investools Website; provided, however, that any link to the Investools Website: (a) must not frame or create a browser or border environment around any of the content on the Investools Website or otherwise mirror any part of the Investools Website; (b) must not imply that Investools or the Investools Website is endorsing or sponsoring it or its products, unless Investools has given it prior written consent; (c) must not present false information about, or disparage, tarnish, or otherwise, in Investools’ sole opinion, harm Investools or its products or services; (d) must not use any Marks without the prior written permission from Investools; (e) must not contain content that could be construed as distasteful, offensive or controversial or otherwise objectionable (in Investools’ sole opinion); and (f) must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms of Use. By linking to the Investools Website, you agree that you do and will continue to comply with the above linking requirements.

Notwithstanding anything to the contrary contained in these Terms of Use, Investools reserves the right to prohibit linking to the Investools Website for any reason in our sole and absolute discretion.

XV. Warranty Disclaimer.

You acknowledge that the information provided through the Investools Website is compiled from sources, which are beyond the control of Investools. Though such information is recognized by the parties to be generally reliable during the term of these Terms of Use, you acknowledge that inaccuracies may occur and Investools and its licensors do not warrant the accuracy, reliability or suitability of the information for any particular purpose. The information is provided by Investools and its licensors for your information only, and is not intended for trading purposes. Information on this site is does not constitute advice (investment, financial, tax, or legal) nor does such information include recommendations regarding particular financial instruments, investments or products. Neither Investools nor its licensors shall be liable for any errors, inaccuracies or delays in content, or for any actions taken by you in reliance thereon. Investools makes reasonable efforts to obtain reliable content from third parties, but Investools does not guarantee the accuracy of or endorse the views or opinions given by any third parties. The Investools Website may point to other Internet sites that may be of interest to you; however, Investools does not endorse or take responsibility for the content on such other sites. YOU ACKNOWLEDGE THAT THE INVESTOOLS WEBSITE IS PROVIDED TO YOU ON AN "AS IS, WITH ALL FAULTS" BASIS. INVESTOOLS AND ITS LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS, ORAL, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ANY IMPLIED WARRANTY OF MERCHANTABILITY, ANY WARRANTIES ARISING BY VIRTUE OF CUSTOM, USAGE OF TRADE OR COURSE OF DEALING AND ANY IMPLIED WARRANTIES OF TITLE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW EXCLUSIONS OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

FURTHER, INVESTOOLS AND ITS LICENSORS DO NOT REPRESENT OR WARRANT:

  1. THAT THE INVESTOOLS WEBSITE WILL MEET YOUR REQUIREMENTS OR IS SUITABLE FOR YOUR NEEDS;
  2. THAT THE ACCESS OR USE OF THE INVESTOOLS WEBSITE WILL BE ERROR-FREE; OR
  3. THE ACCURACY OF ANY DATA OR INFORMATION IN OR PROCESSED WITH THE INVESTOOLS WEBSITE OR THE RESULTS OF ANY SUCH PROCESSING.

YOU ARE SOLELY RESPONSIBLE FOR ALL DECISIONS MADE BY YOU IN CONNECTION WITH SUCH DATA, INFORMATION AND RESULTS, AND FOR VERIFYING THE ACCURACY OF SUCH DATA, INFORMATION AND RESULTS FROM INDEPENDENT SOURCES.

XVI. Limitation of Liability; Disclaimer of Consequential Damages.

NONE OF INVESTOOLS NOR ANY OF ITS AFFILIATES SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS, DAMAGE, LIABILITY, COST OR EXPENSE SUFFERED OR INCURRED IN CONNECTION WITH THE USE OF OR PARTICIPATION ON THE INVESTOOLS WEBSITE OR ITS CONTENT.

YOU ALSO AGREE THAT INVESTOOLS AND ITS AFFILIATES (INCLUDING ITS AND THEIR OFFICERS, DIRECTORS, MANAGERS, MEMBERS, PARTNERS, EMPLOYEES, AGENTS, REPRESENTATIVES AND SUBCONTRACTORS) SHALL NOT IN ANY EVENT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE INVESTOOLS WEBSITE FOR ANY PURPOSE WHATSOEVER, EVEN IF INVESTOOLS OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE ABOVE PROVISIONS, IF THERE SHALL AT ANY TIME BE OR ARISE ANY LIABILITY ON THE PART OF INVESTOOLS OR ITS AFFILIATES BY VIRTUE OF THESE TERMS OF USE OR BECAUSE OF THE RELATIONSHIP THEREBY ESTABLISHED, WHETHER DUE TO THE NEGLIGENCE OF INVESTOOLS OR ITS AFFILIATES OR OTHERWISE, SUCH LIABILITY IS AND SHALL BE LIMITED TO $100.00, AS LIQUIDATED DAMAGES AND NOT AS A PENALTY. THIS LIABILITY SHALL BE COMPLETE AND EXCLUSIVE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.

YOU ACKNOWLEDGE AND AGREE THAT INVESTOOLS WILL USE REASONABLE EFFORTS TO ASSURE THAT NO VIRUSES OR PROGRAMS WITH SIMILAR FUNCTIONS OPERATE ON, OR ARE PASSED THROUGH THE INVESTOOLS WEBSITE OR THE ACCESS SOFTWARE. HOWEVER, YOU HEREBY ASSUME ALL RESPONSIBILITY (AND HEREBY HOLD INVESTOOLS HARMLESS) FOR DETECTING AND ERADICATING ANY VIRUS OR PROGRAM WITH A SIMILAR FUNCTION ON YOUR COMPUTER EQUIPMENT, BY WHATEVER MEANS YOU DEEM MOST APPROPRIATE FOR YOUR NEEDS.

THE PROVISIONS CONTAINED IN THIS LIABILITY SECTION SHALL SURVIVE TERMINATION OF THESE TERMS OF USE.

XVII. Indemnification.

YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS INVESTOOLS, ITS AFFILIATES AND ITS LICENSORS (INCLUDING ITS AND THEIR OFFICERS, DIRECTORS, MEMBERS, MANAGERS, PARTNERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES OR SUBCONTRACTORS) FOR AND AGAINST ANY AND ALL CLAIMS BROUGHT BY PERSONS OR ENTITIES OTHER THAN THE PARTIES TO THESE TERMS OF USE ARISING FROM OR RELATED TO YOUR ACCESS TO AND USE OF THE INVESTOOLS WEBSITE, INCLUDING THE INFORMATION OBTAINED THROUGH THE INVESTOOLS WEBSITE.

XVIII. Termination.

Investools may, without liability or prior notice, immediately terminate your user account and access to the Investools Website in its sole discretion. Termination of your user account includes: (a) removal of access to all pages within the Investools Website; (b) deletion of your password and all related information, files and materials associated with or inside your account (or any part thereof); and (c) barring of further use of the Investools Website. Further, you agree that all terminations for cause shall be made in Investools’ sole discretion and that Investools shall not be liable to you or any third party for any termination of your user account, any associated email address, or access to the Investools Website. THE PROVISIONS CONTAINED IN SECTION XVI (LIMITATION OF LIABILITY) SHALL SURVIVE TERMINATION OF THESE TERMS OF USE. Termination, suspension, or cancellation of these Terms of Use or your access to the Investools Website will not affect any right or relief to which Investools may be entitled, at law or in equity. Upon termination of these Terms of Use, all rights granted to you will automatically terminate and immediately revert to Investools and its licensors.

XIX. Export Control.

Software related to or made available by the Investools Website may be subject to United States export controls. Thus, no software from this Website may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the U.S. has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software related to this Investools Website, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list. You are responsible for compliance with the laws of your local jurisdiction regarding import or export of the Investools Website and access software.

You will comply fully with all applicable export and import sanction laws, rules, and regulations of the United States and all other relevant jurisdictions ("Export/Import Laws"), including ensuring that neither Investools’ intellectual property nor any direct product thereof or any intellectual property of a third party is: (a) exported or imported, directly or indirectly, in violation of the Export/Import Laws; (b) disclosed to any non-U.S. national in the United States in violation of the Export/Import Laws (e.g., unauthorized "deemed exports"); or (c) intended to be used for any purposes prohibited by the Export/Import Laws, including, without limitation, nuclear, chemical, or biological weapons proliferation. Vendor shall indemnify, defend, and hold Investools harmless from and against any claims, demands, fines, sanctions, damages, or costs arising out of your violation of this section of the Agreement.

XX. No Conflicting Terms.

If there is any conflict between these Terms of Use, any purchase order, any help text, manuals or other documents relating to the Investools Website, these Terms of Use shall govern, whether such order or other document is prior to or subsequent to these Terms of Use, or is signed or acknowledged by any director, officer, employee, representative or agent of Investools.

XXI. Governing Law; Limitations; Venue.

These Terms of Use shall be governed by the laws of the State of Nebraska, excluding any rule or principle that would refer to and apply the substantive law of another state or jurisdiction. To the extent allowed by applicable law, any claims or causes of action arising from or relating to your access and use of the Investools Website contemplated by these Terms of Use must be instituted within two (2) years from the date upon which such claim or cause arose or was accrued. Further, any such claim or cause of action may only be brought in the state or federal courts located in Nebraska, and you agree to submit to the exclusive personal jurisdiction of such courts and hereby appoint the Secretary of State of Nebraska as your agent for service of process.

If Investools takes action (by itself or through its representatives) to enforce any of the provisions of these Terms of Use, including collection of any amounts due hereunder, in addition to all sums to which it is entitled or any other relief, at law or in equity, Investools shall be entitled to recover from you and you agree to pay, reasonable and necessary attorney's fees and all costs of any litigation.

XXII. Assignment.

These Terms of Use, and any rights and licenses granted hereunder, may not be assigned, transferred, delegated, and sublicensed by you, but may be assigned, transferred, delegated, and sublicensed by Investools without restriction.

XXIII. Severability.

If any provision of these Terms of Use is found to be unlawful or unenforceable in any respect, the court shall reform such provision so as to render it enforceable (or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision); and, as so reformed or modified, fully enforce these Terms of Use.

XXIV. Entire Agreement.

These Terms of Use constitutes the entire agreement between the parties regarding the subject matter hereof, and no other agreement as to such subject matter, written or oral, exists.