Last Updated: March 11, 2020
1. Access and Use of This Website
Access to certain portions of the Site is restricted to registered Users. You might be required to provide your name, telephone number(s), e-mail, and/or street address, credit card number, debit card number, charge card number, checking account, banking account, or other payment information, as well as any other personally identifiable information (“Personal Data”). By providing such information, you acknowledge and agree that we may, and you specifically authorize us, or permitted third parties, to process all transactions related to this Site and its operation, including without limitation purchases and/or registration for products and/or services on this Site. You agree to pay all fees and charges, including applicable taxes and surcharges, incurred through your activity on or through the Site and/or through your account/profile.
Creating a User Account — You may be asked to provide, and we will collect, certain types of Personal Data, when you create a user account, which may include your first and last names, e-mail address, zip code, birth month and year, social security number, and a profile picture. You will also be asked to generate a password as part of your login credentials.
Creating an Account for Minor Children – MINORS SHOULD NOT CREATE ACCOUNTS ON THE SITE. However, parents of minors may create accounts for their minor children. As a parent creating an account for your minor child, in addition to the Personal Data set forth above, you may also be asked to provide your child’s first and last name, address, zip code, birth month and year, social security number, and a copy of their social security card and birth certificate. You may also be asked to provide a copy of your driver’s license or passport to verify the relationship. To the extent that we may share information with third-party service providers for purposes of authenticating your account set-up, whether for adults or minors, we reserve the right to send only information that is pertinent to that purpose.
a. Registration and Security. You agree, represent, warrant, and guarantee that all Personal Data provided by you is true, accurate, complete, up-to-date, and solely yours. You may not impersonate, imitate, or pretend to be somebody else when registering. When you create an account and subsequently log in, you will be asked to choose a password. You are responsible for safeguarding and maintaining the confidentiality of your password, and you agree not to disclose your password to any third party. You will be solely responsible for any activities or actions taken under your account, whether or not you have authorized such activities or actions. You must notify us immediately if you know or suspect that any unauthorized person is using your password or your account (for example, your password has been lost or stolen, someone has attempted to use the services or Site through your account without your consent or your account has been accessed without your permission). We strongly recommend that you do not use the services or access the Site on any public computer. We also recommend that you do not store your password through your web browser or other software.
FAILURE TO PROTECT YOUR USERNAME AND PASSWORD MAY ALLOW AN UNAUTHORIZED PARTY TO:
1) USE THE SERVICES;
2) CORRECT, CHANGE, VERIFY OR SEND DATA USED WITH THE SERVICES;
3) SEND INFORMATION AND COMMUNICATIONS TO OR RECEIVE INFORMATION AND COMMUNICATIONS FROM, THE ENTRUST GROUP AND ITS AFFILIATES;
4) ACCESS YOUR ELECTRONIC COMMUNICATIONS AND FINANCIAL DATA.
b. Additional Security Considerations. In addition to your user ID and password, we may ask you to create and provide responses to additional authentication questions that only you and Entrust will know to verify your identity. We will also require multi-factor authentication to further safeguard your account. For example, you may be asked to create these questions and responses periodically and will be presented with a question and prompted for a response at random when you login to access the Site and its services, including without limitation the IB Platform. These questions and your correct responses help us to provide stronger protection for your Account information and Trading Activity. We reserve the right to prevent access to the Site and any of its services, platforms, and content for security reasons or if we suspect fraud. You agree to cooperate with us in the investigation and prosecution of any person who has obtained and used your user ID and password without your authorization.
c. Limitations on Use. The Site may be used and accessed for lawful purposes only. You agree to abide by all applicable local, state, national, and foreign laws, treaties, and regulations in connection with your use of the Site and its content. In addition, without limitation, you agree that you will not do any of the following while using or accessing the Site:
1) upload, post, e-mail, or otherwise transmit or submit any content to which you do not have the lawful right to copy, transmit, and display (including any content that would violate any confidentiality or fiduciary obligations that you might have with respect to the content);
2) upload, post, e-mail, or otherwise transmit or submit any content that infringes the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right, or right of publicity);
3) upload, post, e-mail, or otherwise transmit or submit harmful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, obscene, indecent, vulgar, lewd, violent, hateful, or otherwise objectionable content or material;
4) use the Site to collect or store personal data about other Users without their express permission;
5) knowingly include or use any false or inaccurate information in any profile;
6) upload, post, e-mail, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, “pyramid schemes,” or any other form of solicitation, as well as viruses or other computer code that may interrupt, destroy, limit the functionality of the Site, or interfere with the access of any other User to the Site;
7) circumvent, disable, or otherwise interfere with security-related features on the Site or features that prevent or restrict use or copying of any content;
8) attempt to probe, scan, or test the vulnerability of any system or network operated by us, or breach or impair or circumvent any security or authentication measures protecting the Site;
9) attack the Site via a denial-of-service attack or a distributed denial-of-service attack or otherwise attempt to interfere with the proper working of the Site;
10) transmit or upload any material to the Site that contains viruses, trojan horses, worms, time bombs, or any other harmful or deleterious programs;
2. Conduct and Behavior
You are solely responsible for all of your activity while using the Site.
You agree to maintain a positive sense of decorum in all of your interactions with other Users on this Site. You agree to maintain a courteous and professional rapport with other Users, including but not limited to, avoiding profanity, rudeness, insults, scandalous words or actions, or otherwise inappropriate behavior, during your use of this Site.
3. Intellectual Property
The Site, including all text, images, designs, graphics, content, source code, object code, data, features, functionality (including but not limited to all information, software, displays, enablement of video and audio, and the design, selection, and arrangement thereof) are owned by us, our licensors, or other providers of such materials. For purposes of clarity, The Entrust Group, owns the rights to the compilation, arrangement, and assembly, along with any modifications, variations, updates, versions, and changes to all information entered and stored within Our Site database(s), as part of the Site. This material, collectively, is protected by United States copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. All of the Site content is copyrighted material and is protected by the Copyright Act of 1976. You are not permitted to republish, reproduce, transmit, transfer, prepare derivative versions or works, or otherwise use any content on this Site without our prior, express, and written permission.
4. Disclaimer of Warranties
THE SITE AND ALL INFORMATION CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND.
THE ENTRUST GROUP, TOGETHER WITH ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AND REPRESENTATIVES, HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY AND NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND THE
WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. WE DISCLAIM ALL WARRANTIES WHETHER ARISING OUT OF LAW, STATUTE, COURSE OF DEALING, TRADE USAGE, OR ANY OTHER RELATIONSHIP. WE MAKE NO WARRANTIES OF ANY KIND REGARDING THE SITE OR INFORMATION FOUND ON THIS SITE. WE MAKE NO WARRANTIES WITH REGARD TO THE ACCURACY, RELIABILITY, COMPLETENESS, QUALITY, FUNCTIONALITY, TIMELINESS, SPEED, OR ACCESSIBILITY OF ANY INFORMATION SUPPLIED WITHIN THE SITE. WE DO NOT WARRANT THAT THE SITE WILL BE OPERATIONAL, SECURE, ERROR-FREE, OR VIRUS FREE.
5. Your Own Security
You are responsible for implementing sufficient procedures and security mechanisms to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to and separate from this Site to reconstruct any lost data.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the site or to your downloading of any material posted on it, or on any third-party website linked to it.
Some jurisdictions do not permit us to exclude warranties in these ways, so it is possible that these exclusions will not apply to our agreement with you. In such event, the exclusions shall apply to the fullest extent permitted under applicable law.
6. Limitation of Liability
TO THE EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE THE ENTRUST GROUP, TOGETHER WITH ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AND REPRESENTATIVES, FROM ALL LIABILITY ASSOCIATED WITH YOUR USE OF THIS SITE.
You acknowledge that you are responsible for any actions you take while on this Site. You recognize that your use of the Site and any subsequent actions arising from your use of the Site are taken solely at your own risk.
IN NO EVENT WILL THE ENTRUST GROUP, OUR DIRECTORS, OUR OFFICERS, OUR EMPLOYEES, OUR CONTRACTORS, OUR AGENTS, OR OUR REPRESENTATIVES, BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, OR UNDER ANY EQUITABLE THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF BUSINESS OPPORTUNITIES, OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You will indemnify, defend, and hold harmless The Entrust Group, our licensors and affiliates, and our respective directors, officers, employees, contractors, agents, and representatives, from and against any and all claims, causes of action, demands, liabilities, losses, costs or expenses (including, but not limited to, reasonable attorneys’ fees and expenses) arising out of, in connection with, or resulting from:
We reserve the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
8. Our Compliance with COPPA
9. Governing Law and Venue
10. Severability and Waiver
If any provision hereof is declared invalid by a court of competent jurisdiction, such provision shall be ineffective only to the extent of such invalidity, so that the remainder of that provision and all remaining provisions will continue in full force and effect. No waiver by us of any term or condition set forth herein shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of us to assert a right or provision shall not constitute a waiver of such right or provision.
12. Contact Us
13. Entire Agreement