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Terms of Use

   
 
MyStockFund Securities Inc. Business Continuity and Contingency Planning
 

Securities industry regulations require that brokerage firms inform their clients of their plans to address the possibility of a business disruption that potentially results from power outages, natural disasters, or other events. MyStockFund Securities, Inc. has a comprehensive business continuity program in place, which we assess and update on a regular basis. The plan provides for continuation of client service within minutes in most cases.

Here are a few examples of what might occur if we were to experience a business disruption of varying magnitude:

In the event that our primary data center became unavailable for any reason, we would transition to a separate location. Account access would be made available through the alternate location.

If we had a power outage in a particular region or business district, we would re-direct telephone and electronic communications to alternate locations for the duration of the outage.

While no contingency plan can eliminate all risk of service interruption or temporarily impeded account access, we continually assess and update our plans to mitigate all reasonable risk.

This disclosure is subject to modification.

 
Copyrights and Trademarks
 

The web site www.MyStockFund.com (the “Site”) is owned and operated by MyStockFund Securities, Inc. (“MSFS”). The Site is protected by copyright as a collective work and compilation, pursuant to United States copyright laws, international conventions and other copyright laws. All materials on the Site are owned or controlled by MSFS or the party credited as provider of the content. No material on the Site may be copied, modified, reproduced, republished, uploaded, posted or transmitted in any way except for your personal non-commercial home use. The names and logos "MyStockFund" and "MyStockFund.com" are trade names and trademarks owned by MSFS.

 
No Endorsements
 

MSFS does not represent, endorse or guarantee the accuracy, completeness, timeliness or reliability of any statement, opinion, advice or other information displayed or distributed through the Site. You acknowledge and agree that any reliance upon any such statement, opinion, advice or information shall be at your sole risk. MSFS reserves the right to correct any errors or omissions in the Site at any time.

 
Broker Dealer
 

MSFS is a registered broker dealer under the Securities and Exchange Commission laws and regulations. MSFS is a member of the Financial Industry Regulatory Authority, Inc. ("FINRA") and the Securities Investor Protection Corporation ("SIPC"). All securities purchases, sales and other transactions which you order through the use of this Site are made exclusively by and through MSFS and its clearing broker(s), and under the provisions set forth in the MyStockFund Account Agreement attached to the Site. MSFS is not an investment company or mutual fund, and it does not give investment advice, financial services advice, or in any way advocate the purchase or sale of any security or investment.

 
DISCALIMER OF WARRANTY
 

THIS SITE INCLUDING WITHOUT LIMITATION ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIAL AND INFORMATION MADE AVAILABLE OR ACCESSIBLE IS PROVIDED "AS IS" AND “AS AVAILABLE”. MSFS MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER WITH RESPECT TO THE SITE, AND EXPRESSLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

 
LIMITATION OF LIABILITY
 

MSFS SHALL NOT BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS OR OTHER INTANGIBLE LOSSES IN ANY WAY ARISING FROM OR RELATING TO USE OF OR INABILITY TO USE THE SITE (SOME STATES OR COUNTRIES MAY NOT ALLOW THE ABOVE LIMITATION AND EXCLUSION SO THE SAME MAY NOT APPLY TO YOU). THE MAXIMUM LIABILITY OF MSFS TO YOU FOR ALL DAMAGES, LOSSES AND ALL OTHER CAUSES OF ACTION, IN CONTRACT, TORT, UNDER STATUTE OR REGULATION, OR FOR ANY OTHER REASON, SHALL BE THE AMOUNT PAID BY YOU TO MSFS TO JOIN AND PARTICIPATE IN MYSTOCKFUND DURING THE SIX MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

 
Confidentiality and Privacy
 

You acknowledge that transmission to and from this Site may not be absolutely confidential and that your communications may be intercepted or read by others. You agree that by submitting communications to MSFS through this Site, no confidential, fiduciary or other relationship is created between you and MSFS except as stated in this Terms of Use Agreement and the MyStockFund Account Agreement. MSFS will use all reasonable efforts to maintain privacy of your personal information placed or maintained on the Site pursuant to the MyStockFund Privacy Policy attached to this Site.

 
Links
 

The Site may from time to time link with other websites owned or operated by third parties. MSFS does not control and is not responsible for the content or operation of these third party sites and MSFS' link does not constitute an endorsement of such sites, their owners or operators. You are not authorized to link to the Site except with our prior consent, and you may not in any event "deep link" to any interior page of the Site, or frame the Site in any way or at any time.

 
Acceptance
 

You acknowledge that you have read this Terms of Use Agreement, the MyStockFund Account Agreement and the MyStockFund Privacy Policy. Your use of this Site means that you accept all of the provisions in these documents. If you do not accept and agree to all of these provisions, you may not use or access this Site.

 
Amendments and Changes
 

You understand, agree and acknowledge that we retain the right to amend, change, add to or remove any portion of this Terms of Use Agreement, the MyStockFund Account Agreement and the MyStockFund Privacy Policy, in whole or in part, at any time or times. We will give you notice of any such changes by posting them on the Site or by other electronic communication as described in the MyStockFund Account Agreement. Your continued use of the Site will mean that you agree to such changes.

 
Governing Law
 

This Terms of Use Agreement, the MyStockFund Account Agreement and the MyStockFund Privacy Policy constitute the entire agreement between you and MSFS with respect to your use of the Site. This Terms of Use Agreement shall be governed by and construed under the laws of the Commonwealth of Virginia, United States of America, without regard for its choice of laws provisions. Any cause of action you may have with respect to your use of the Site must be commenced within six months of the date the claim or cause arose. The sole and exclusive jurisdiction for any action by you arising out of or related to this Agreement or to the Site shall be any State or Federal Court in the County of Alexandria or Fairfax, Virginia, United States of America.

 
Date: August 21, 2004