You agree to the following terms and conditions of use when you access or otherwise use or participate in the TD Ameritrade Online Community.  Your use of this web site constitutes your agreement with C Space and TD Ameritrade to be bound by, and to act in accordance with, these Terms and Conditions.

Notification of Changes

We may change or revise these Terms and Conditions from time to time by updating this posting.  Please visit the Terms and Conditions area each time you visit the web site to keep up to date with the current terms regarding your use of the web site.  Your use of the web site reaffirms your continuing agreement to the then-current Terms and Conditions.  Any future changes to these terms and conditions will be posted on the community web site.

Confidentiality

Your invitation to participate in the TD Ameritrade Online Community is personal and non-transferable. You may not disclose to others any of the information that we disclose to you or any ideas or information that are generated in the community.  Your community member name and password are for your use only.  You may not disclose your password to any other person. 

Assignment

You irrevocably assign to TD Ameritrade all rights to any ideas or expressions of ideas that you provide to the community.  All comments, suggestions, graphics, ideas (including product and advertising ideas), and other information or materials you submit to TD Ameritrade through this web site will become and remain the exclusive property of TD Ameritrade, including any future rights associated with such submissions, even if these Terms and Conditions are later modified or terminated.  This means that you disclaim any proprietary rights to such submissions, and you acknowledge TD Ameritrade unrestricted right to use them (or materials or ideas similar to them) in any medium, now and in the future, without notice, compensation or other obligation to you or any other person.   It also means that with the exception of your personal information, TD Ameritrade has no obligation to keep your submissions confidential. 

You further release and waive all claims against TD Ameritrade with respect to any intellectual property or other proprietary rights, rights of privacy and publicity, rights of attribution, or any other liability under the governing laws of the United States.

Privacy

To the extent that you provide us with any of your personally identifiable information, TD Ameritrade will only use such information in accordance with the privacy policy of TD Ameritrade, a copy of which is available at http://www.tdameritrade.com/privacy.html and https://www.scottrade.com/documents/alt/PrivacyStatement.pdf.

Please note that any of the personally identifiable information you submit may be directed to a third party site administered and hosted by a third party vendor retained by TD Ameritrade provided, that in such event, the third party vendor will have no right to use any such information other than uses necessary to fulfill its services to TD Ameritrade.

Code of Conduct

You agree not to upload, post or transmit to or distribute or otherwise publish through the Web Site any materials which (i) restrict or inhibit any other user from using the Web Site, or contain a virus or other harmful component, (ii) violate any United States laws or violate or infringe any rights of third parties (including copyright, trademark, rights of privacy or publicity or any other proprietary right), or (iii) are not appropriate or pertinent to the purpose of the Web Site or are libelous, defamatory or offensive.  You will agree to abide by the copyrights, trademarks and other intellectual property and proprietary rights of TD Ameritrade.

You agree to abide by these rules of conduct:

• Only those who are members of the community may access it.
• Unless specifically told otherwise, you must keep confidential all information that TD Ameritrade, other community members, and you share with the community.
• TD Ameritrade has the right to use the ideas and information that you put forth in the community.
• You agree not to use behavior that does not support a safe and comfortable environment for all members, or to engage in any proselytizing or commercial activity.
• You agree not to copy or download any copyrighted material.
• You agree to receive emails from the Community regarding Community Activities.
• You agree not to discuss, promote or endorse any specific securities, attempt to manipulate the securities markets or post any non-public or “inside” information.  The Board is not a place to tout or hype stocks.  You should not trade or make investment decisions based upon information that you receive while on the Board.
• You understand that no personal information that you post on this site will be sold, traded, shared with other organizations, or used for any purpose other than consumer research.
• You understand that TD Ameritrade does not endorse the information posted in the community.

Membership

Your membership in and access to the TD Ameritrade Online Community is strictly at the discretion of C Space and TD Ameritrade and may be revoked at any time without cause and without notice. You hereby release C Space and TD Ameritrade from any and all liability that may arise in connection with your use of the TD Ameritrade Online Community

Warranty

C Space and TD Ameritrade do not represent or endorse the correctness, accuracy, reliability or any other aspect of advice, opinion, statement or other information distributed through the TD Ameritrade Online Community, and reserve the right to remove any content from the community website that they deem inappropriate.

C Space and TD Ameritrade and/or their agencies endeavor to maintain this web site and its operation, but are not, and cannot be, responsible for the results of any defects that may exist in the web site or its operation. As to the operation of the web site, C Space and TD Ameritrade expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to all implied warranties of merchantability or fitness for a particular purpose, title and non-infringement. C Space and TD Ameritrade make no warranty that (i) the operation of the web site will meet the user's requirements; (ii) access to the web site will be uninterrupted, timely, secure, free of viruses, worms, trojan horses or other harmful components, or free of defects or errors; (iii) the results that may be obtained from the use of the web site will be accurate or reliable; or (iv) defects will be corrected. You (and not C Space and TD Ameritrade) assume the entire cost of all servicing, repair, or correction that may be necessary for your computer equipment and software as a result of any viruses, errors or any other problems whatsoever you may have as a result of visiting this web site.

Limitation of Liability

Under no circumstances shall C Space and TD Ameritrade and/or their agencies be liable for any damages or injury, including any direct, special, incidental, consequential, punitive or other damages, that may result from the use of, or the inability to use, the web site or any materials in this site, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of the website or information available in the web site. C Space and TD Ameritrade shall not be liable even if authorized representatives have been advised of the possibility of such damages. These include but are not limited to damages or injury caused by error, omission, interruption, defect, failure of performance, delay in operation or transmission, line failure or computer virus, worm, trojan horse or other harmful component.

You agree to defend, indemnify and hold C Space and TD Ameritrade and/or their agencies harmless from any claim or demand made by any third party against C Space and TD Ameritrade due or arising out of your participation in the TD Ameritrade Online Community and/or any breach by you of the provisions of this agreement.

Jurisdiction

Any dispute with respect to this Agreement which is not resolved within ten (10) business days after referral to C Space and TD Ameritrade’s senior executives, shall at any time thereafter at the initiation of either party, be submitted to arbitration which shall be the exclusive means for resolving any such disputes.  Such arbitration shall be held in the City of Omaha, Nebraska, and shall be conducted by JAMS/ENDISPUTE, Incorporated in accordance with its Arbitration Rules and Procedures then in effect.  The arbitrators will be selected from a panel of retired judges and will have familiarity with dispute resolution in the information technology industry.  Any costs associated with the arbitration shall be borne by the non-prevailing party.  All decisions of the arbitrators shall be binding on both parties.  Judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction.  THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY AND IRREVOCABLY WAIVE THEIR RIGHT TO A TRIAL BY JURY and agree that if the foregoing binding arbitration provision is determined for any reason to be unenforceable or inapplicable to a particular dispute, then such dispute shall be decided solely by a judge, without the use of a jury, sitting in a court of competent jurisdiction. This binding arbitration and jury trial waiver provision shall survive termination of this Agreement.  Nothing in this Agreement will prevent C Space or TD Ameritrade from applying for injunctive relief in any court of competent jurisdiction.