TD Ameritrade Access Agreement
THIS TERMS OF SERVICE AGREEMENT (this “Agreement”) is
made between Double Great Trading, LLC (“Company”) and
any person (“User”) who, directly or through its
authorized representative, accesses the proprietary trading platform (the
“TD Ameritrade Trading Platform”) of TD Ameritrade,
Inc. (“TD Ameritrade”) through the Company’s
website (the “DGT App” and, accessing the TD Ameritrade
Trading Platform through the DGT App, the “Service”),
with each of User and Company a “Party” and together
the “Parties”.
BY CLICKING THE ACCEPTANCE BUTTON OR ACCESSING, USING OR INSTALLING ANY
PART OF THE SERVICE, USER EXPRESSLY AGREES TO AND CONSENTS TO BE BOUND BY
ALL OF THE TERMS OF THIS AGREEMENT. IF USER DOES NOT AGREE TO ALL OF THE
TERMS OF THIS AGREEMENT, THE BUTTON INDICATING NON-ACCEPTANCE MUST BE
SELECTED, AND COMPANY WILL PROMPTLY CANCEL THIS TRANSACTION AND USER MAY
NOT ACCESS, USE OR INSTALL ANY PART OF THE SERVICE.
1. Service Terms
a. Relationship of the Company and TD Ameritrade. TD
Ameritrade, Inc. and Company are separate, unaffiliated companies and they
are not responsible for each other’s services and products. The
Company disclaims any liability for any act or omission of TD Ameritrade.
Company and TD Ameritrade are parties to that certain Retail
Application Programming Interface (API) Usage Agreement (the “Company-Ameritrade Agreement”),
under which the Company agrees to offer the DGT App to the TD
Ameritrade Trading Platform.
b. TD Ameritrade Sole Provider of Brokerage Service. Brokerage
services are provided exclusively by TD Ameritrade, Inc., member
FINRA/SIPC/NFA. The Company does not directly or indirectly provide any
brokerage services to User; Company instead, through the Service, allows
User to access the TD Ameritrade Trading Platform and to request brokerage
Service therefrom. User will enter into a separate agreement with TD
Ameritrade or its affiliate with respect to its use of the TD Ameritrade
Trading Platform (the “User-Ameritrade Agreement” and,
with the Company-Ameritrade Agreement, the “TD Ameritrade Agreements”).
c. Description. The Service is proprietary to Company
and is protected by intellectual property laws and international
intellectual property treaties. User’s access to the Service is
licensed and not sold. Subject to the timely payment of all subscription
fees to Company (the “Fees”) and the terms and
limitations set forth in this Agreement, Company agrees to provide User
with a personal, non-transferable and non-exclusive account enabling User
to access and use the Service.
d. Accessibility. User agrees that from time to time
the Service may be inaccessible or inoperable for any reason, including,
without limitation: (i) equipment malfunctions; (ii) periodic maintenance
procedures or repairs which Company may undertake from time to time; (iii)
causes beyond the control of Company or which are not reasonably
foreseeable by Company or (iv) similar issues with respect to the TD
Ameritrade Trading Platform.
2. Limitations
a. Equipment. User shall be solely responsible for
providing, maintaining and ensuring compatibility with the Service, all
hardware, software, electrical and other physical requirements for
User’s use of the Service, including, without limitation,
telecommunications and Internet access connections and links, web browsers
or other equipment, programs and Service required to access and use the
Service.
b. Security. User shall be solely responsible for the
security, confidentiality and integrity of all messages and the content
that User receives, transmits through or stores on the Service. User shall
be solely responsible for any authorized or unauthorized access to
User’s account by any person. User agrees to bear all responsibility
for the confidentiality of User’s password and all use, liability or
charges arising from use of the Service with User’s password.
c. Privacy. The Company’s Privacy Policy,
available here (https://www.doublegreat.trade/privacy), is
hereby incorporated into this Agreement. In addition, User
acknowledges that TD Ameritrade maintains its own privacy policy that may
differ from the Company’s. The Company may collect information from
the User and other users of the Service for analytical and business
purposes. Company may provide certain anonymized information in aggregate
form (excluding any personally identifying information) collected from
User and other users of the Service to third persons, such as prospective
business partners or advertisers.
3. User Representations and Acknowledgments
a. Representations. User represents and warrants to Company
that: (a) if User is an individual, that User is over the age of eighteen
(18) and has the power and authority to enter into and perform User’s
obligations under this Agreement and that if User is an entity, that User
has the entity power and authority to enter into and perform User’s
obligations under this agreement; (b) if User is an entity, that User is
using the Service on the entity’s behalf is duly authorized to do so
and is empowered to act on behalf of and to bind the User (c) if
User is an individual, that User is a Non-Professional Trader and is using
the Service solely on User’s own behalf and not on behalf of any
third person; (d) all information provided by User to Company is truthful,
accurate and complete; (e) User is the authorized signatory of the credit
or charge card provided to Company to pay the Fees; (f) User shall comply
with all terms and conditions of this Agreement and the Company’s
general Terms and Conditions available here (https://www.doublegreat.trade/terms); and (g)
User has provided and will provide accurate and complete
registration information including, without limitation, User’s
legal name and mailing address. A “Non-Professional Trader” is a person who uses market data
solely for his or her own
personal, non-business use and is not: (i) registered or qualified with
the Securities and Exchange Commission, the Commodities Futures Trading
Commission, any state or securities agency, any securities exchange or
association or any commodities/futures contract market/association; (ii)
engaged as an investment adviser (regardless of registration status) as
that term is defined under the Investment Advisers Act of 1940, as
amended; (iii) employed by a bank or other organization exempt from
registration under federal or state securities laws to perform functions
that would require him or her to be so registered or qualified if he or
she were to perform such functions for other than an exempt organization;
(iv) qualified as a “Securities Professional,”
“Professional Client,” or similar terms under the rules and
regulations of any securities exchange; or (v) the non-U.S. equivalent to
any of the foregoing.
b. Acknowledgments. User acknowledges that (i) Company is
not a licensed financial advisor, registered investment advisor,
registered broker-dealer or FINRA | SIPC | NFA-member firm, (ii) Company
is not a party to, or liable to User under, the User-Ameritrade Agreement,
(iii) neither Company nor the DGT App will provide any brokerage services
for User, with any such services being provided on the TD Ameritrade
Trading Platform.
4. Prohibited Uses
User is solely responsible for any and all acts and omissions that occur
with User’s account or password, and User agrees not to engage in
unacceptable use of the Service, which includes, without limitation, use
of the Service to: (a) disseminate, store or transmit unsolicited
messages, chain letters or unsolicited commercial entail; (b) disseminate
or transmit material that, to a reasonable person may be abusive, obscene,
pornographic, defamatory or libelous, harassing, grossly offensive,
vulgar, threatening or malicious; (c) disseminate, store or transmit
files, graphics, software or other material that actually or
potentially infringes the copyright, trademark, patent, trade secret or
other intellectual property right of any person; (d) create a false
identity or to otherwise attempt to mislead any person as to the identity
or origin of any communication; (e) export, re-export or permit downloading
of any message or content in violation of any export or import law,
regulation or restriction of the United States and its agencies or
authorities, or without all required approvals or licenses; (f) interfere,
disrupt or attempt to gain unauthorized access to other accounts on the
Service or any other computer network; (g) disseminate, store or
transmit viruses, Trojan horses or any other malicious code or program;
(h) copy, reverse-engineer, or violate the intellectual property rights of
the Company and its affiliates in the Service or the DGT App; (i)
performance test, benchmark or otherwise use the Service or the DGT App
for a competitive, analytical, research or any other purpose other than
the bona-fide use of the Services for their intended purpose, or (j)
engage in any other activity deemed by the Company to be in conflict with
the spirit or intent of this Agreement.
5. Termination
This Agreement is effective upon User’s acceptance as set forth herein
and shall continue in full force until terminated. User may
terminate this Agreement for any reason upon thirty (30) days prior notice
to Company. Company reserves the right, in its sole discretion and
without notice, at any time and for any reason, to: (a) remove
or disable access to all or any portion of the Service; (b) suspend
User’s access to or use of all or any portion of the Service; and (c)
terminate this Agreement.
6. DISCLAIMER OF WARRANTIES
THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. USE OF THE SERVICE
IS AT USER’S SOLE RISK.
COMPANY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR
ERROR-FREE, NOR DOES COMPANY MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY
BE OBTAINED BY USE OF THE SERVICE. COMPANY MAKES NO OTHER
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN
RELATION TO THE SERVICE.
7. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL COMPANY BE LIABLE TO USER OR ANY OTHER PERSON
FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES
FOR ANY MATTER, ARISING FROM OR RELATING TO THIS AGREEMENT, THE SERVICE OR
THE INTERNET GENERALLY, INCLUDING, WITHOUT LIMITATION, USER’S USE OR
INABILITY TO USE THE SERVICE, ANY CHANGES TO OR INACCESSIBILITY OF THE
SERVICE, DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY
TRANSMISSION OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT
OR RECEIVED, ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE SERVICE
(INCLUDING WITHOUT LIMITATION THE USER-AMERITRADE AGREEMENT AND TRADES
MADE BY USER ON THE TD AMERITRADE TRADING PLATFORM), OR ANY DATA OR
MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SERVICE, WHETHER
SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE. IN
NO EVENT SHALL COMPANY’S TOTAL LIABILITY FOR DIRECT DAMAGES EXCEED THE
TOTAL FEES PAID BY USER TO COMPANY HEREUNDER. SOME STATES PROHIBIT THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND THIS LIMITATION OF LIABILITY MAY NOT APPLY
TO USER. IF USER IS
DISSATISFIED WITH THE SERVICE, USER’S SOLE AND EXCLUSIVE REMEDY SHALL
BE FOR USER TO DISCONTINUE USE OF THE SERVICE ANID TERMINATE THIS
AGREEMENT IN ACCORDANCE WITH SECTION 5.
8. Indemnification
User agrees to indemnify, hold harmless and defend Company,
their affiliates, and their respective shareholders, directors, officers,
members, employees and agents from and against any action, cause, claim,
damage, debt, demand or liability, including reasonable costs and
attorney’s fees, asserted by any person, arising out of correlating
to: (a) this Agreement; (b) User’s use of the Service, including any
data or work transmitted or received by User; (c) any liability under a TD
Ameritrade Agreement directly or indirectly caused by User’s act or
omission, and (d) any unacceptable use of the Service, including, without
limitation, any statement, data or content made, transmitted or
republished by User which is prohibited as unacceptable in Section 4.
9. Miscellaneous
a. Independent Contractors. The Parties and their
respective personnel are and shall be independent contractors and neither
party by virtue of this Agreement shall have any right, power or
authority to act or create any obligation, express or implied, on behalf
of the other party.
b. Amendment. Company shall have the right, at any time
and without notice, to add or modify the terms of this Agreement, simply
by delivering such amended terms to User by email at the address provided
to Company by User. User’s access to or use of the Service after the
date such amended terms are delivered to User shall be deemed to
constitute acceptance of such amended terms.
c. Ratification. User acknowledges and agrees that it
has read the Company’s general Terms and Conditions, available here
(https://www.doublegreat.trade/terms), and agrees
to be bound by them in all respects.