General

By using this website (the “Website”), you agree to be bound by the terms and conditions set forth in these Terms of Use. The products and services available through the Website may be subject to the terms and conditions of an agreement between you and GETCO, LLC™ or its affiliates ( collectively, “GETCO, LLC”), and are not available to anyone other than pursuant to an agreement. In the event that any of the terms and conditions contained herein conflict with the terms of any agreement, the terms of the agreement shall control.

Restrictions on Use

You may not modify, reproduce, perform, or display (a) the content of the Website; (b) the design or layout of this Website, or individual sections of the design or layout of the Website; or (c) GETCO, LLC™ trademarks, service marks or logos without GETCO, LLC’s prior written permission.

It is a violation of these Terms of Use for you to: (a) use the Website for illegal purposes, in violation of any laws and regulations or in violation of the rules of any GETCO, LLC’s service providers, (b) copy, sell, resell or exploit for commercial purposes, any portion of the Website, except as expressly permitted by GETCO, LLC; or (c) decompile, disassemble, reverse engineer or otherwise attempt to discover the source code or trade secrets of the Website or of any software provided by GETCO, LLC to use this Website.

License

Except as set forth in any agreement between you and GETCO, LLC, by transmitting content to the Website, you grant GETCO, LLC a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use, reproduce, cache, store, modify, publicly perform, publicly display, distribute, prepare derivative works based on and transmit such content for any purpose related to the Website or GETCO, LLC’s business purposes, and waive any moral rights and publicity rights in such content.

Products & Services

Any description or reference to non-GETCO, LLC products or services in the Website is for informational purposes only and shall not constitute an endorsement or a recommendation of such products or services by GETCO, LLC.

No Warranties

THE WEBSITE AND ALL INFORMATION, CONTENT, PRODUCTS AND SERVICES AVAILABLE THROUGH IT (COLLECTIVELY, THE “MATERIALS”) ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, DATA ACCURACY, AND QUIET ENJOYMENT. GETCO, LLC MAKES NO WARRANTY AS TO THE COMPLETENESS, TIMELINESS, ACCURACY, OR RELIABILITY OF ANY MATERIALS AVAILABLE ON OR THROUGH THE WEBSITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY OF THE MATERIALS BEFORE RELYING ON THEM. GETCO, LLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETELY
SECURE OR FREE OF VIRUSES.

YOU ACKNOWLEDGE THAT PERIODS OF MARKET VOLATILITY OR OTHER SYSTEM DELAYS MAY ADVERSELY AFFECT TRADE EXECUTION AND RELATED SERVICES.

IDs; Passwords; Security

User IDs and passwords are confidential and proprietary. It is a violation of these Terms of Use for you to share your password or ID, or to use your ID and password for unauthorized purposes. You are solely responsible for any unauthorized use of your ID and password. Submissions over the Internet may not be secure and except as set forth in any agreement between you and GETCO, LLC, nothing posted by you on the Website is confidential. Please consider this fact before e-mailing or submitting any personal or confidential information.

Limitation of Liability

IN NO EVENT SHALL GETCO, LLC BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OR CORRUPTION OF DATA, TRADING LOSSES OR BUSINESS INTERRUPTION AND THE LIKE ARISING IN ANY MANNER WHATSOEVER OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEBSITE OR ANY OTHER INFORMATION OR MATERIALS PROVIDED BYGETCO, LLC OR ACCESSIBLE VIA THE WEBSITE OR TRADING SERVICES INCLUDING THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, QUALITY, SECURITY, PERFORMANCE, OR PRICING OF ANY SERVICES OR ANY FAILURES, DEGRADATIONS OR DELAYS ASSOCIATED THEREWITH, REGARDLESS OF WHETHER SUCH DAMAGES ARISE IN TORT, CONTRACT, OR OTHERWISE, AND EVEN IF GETCO, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Risk of Loss

Trading of stocks, bonds, futures, options, foreign equities and other securities involves substantial risk of loss. Trading is not suitable for all persons, especially those with limited resources
or limited experience with securities markets.

Indemnification

You agree to indemnify and hold GETCO, LLC and its subsidiaries, affiliates, officers, agents, partners, and employees, harmless from any claim, action, demand, loss or damages (including reasonable attorneys’ fees) arising out of or related to your use of the Website, the content you post or transmit on the Website, any violation of these Terms of Use by you, or any violation of any rights of any person by you.

Proprietary Rights

The Website contains trademarks of GETCO, LLC. Unauthorized use of any GETCO, LLC trademarks, service marks, or logos may be a violation of federal and state trademark laws. GETCO, LLC owns all intellectual property rights in the Website and the proprietary technology and software by which trades are executed on the Website, except as otherwise expressly indicated. The Website is protected by U.S. and international copyright laws.

Violations; Termination of Usage

GETCO, LLC may terminate or suspend your access to the Website immediately without notice, for conduct that GETCO, LLC believes is in violation of these Terms of Use or is harmful to the interests of GETCO, LLC or a third party. GETCO, LLC reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use.

Links

Any links or recommendations of links to other websites, products, or services are provided as a convenience to users, and,do not imply endorsement by GETCO, LLC. Any linked websites, products and services are not under the control of GETCO, LLC, and GETCO, LLC disclaims all liability with regard to your access to such links. Access to such links is at your own risk.

If you decide to include a link to the Website on your website, then, unless otherwise set forth in a written agreement between you and GETCO, LLC, you must adhere to GETCO, LLC’s linking policy as follows: (i) the appearance, position and other attributes of the link may not be such as to damage or dilute the goodwill associated with GETCO, LLC’s names and trademarks; (ii) the link must “point” to the URL [www.getcollc.com] and not to other web pages within the Website (unless you receive permission from GETCO, LLC to do so); (iii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with GETCO, LLC; (iv) when selected by a user, the link must display the Website on full-screen and not within a “frame” on the linking website; and (v) GETCO, LLC reserves the right to revoke its consent to the link at any time and in its sole discretion.

Compliance with Laws

Each user shall comply with all applicable laws, statutes, ordinances and regulations regarding the use of the Website, and posting and retrieval of information.

Modifications

GETCO, LLC may update or modify these Terms of Use at any time. When we modify these Terms of Use, we will incorporate the modifications into this document and will revise the “last updated” date at the top of this web page. Modifications to these Terms of Use will automatically be effective two (2) days after they are initially posted on the Website. Please check these Terms of Use periodically for changes. Your continued use of this Website following the posting of changes to the Terms of Use constitutes acceptance of those changes.

Miscellaneous

The laws of the state of Illinois shall govern these Terms of Use, without reference to its choice of law rules. The Website is operated by GETCO, LLC from the United States of America. GETCO, LLC makes no representation that the information in the Website is appropriate or available for use in other locations, and access to the Website from territories where the content may be illegal is prohibited. Those who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with applicable local laws. If any provision of these Terms of Use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions. GETCO, LLC’s failure to enforce the strict performance of any provision of these Terms of Use will not constitute a waiver of GETCO, LLC’s right to subsequently enforce such provision or any other provisions of these Terms of Use. These Terms of Use, together with any agreement between you and GETCO, LLC, constitute the entire agreement between GETCO, LLC and you with respect to the Website. You may not assign or otherwise transfer any rights or obligations you may have under these Terms of Use.