Terms & Conditions

The investment choices and services on the Firstrade Securities Inc. (“Firstrade”) website and mobile application (collectively, the “Firstrade Services”) are provided as general information only and are not intended to provide investment recommendations, tax, or legal advice. Under no circumstance is the information contained herein to be used or considered as an offer to sell or a solicitation of an offer to buy any particular investment.

By using the public sections of the Firstrade Services you are indicating your acceptance, without modification, of the disclaimers, terms and conditions set forth in this document. Customers of Firstrade are granted additional levels of access to the Firstrade Services and their relationship with Firstrade is governed by additional agreements and terms of use, including the Firstrade Account Agreement and Information Guide and the Electronic Services Agreement.

The facts and information were believed to be accurate at time of placement on the Firstrade Services. Product offers, rates, terms and other information provided herein are subject to change without notice. Firstrade, its agents, and its affiliated companies do not guarantee the accuracy or completeness of the information or make any warranties, expressed or implied, with regard to the results to be obtained from its use. You are solely responsible for evaluating the merits and risks associated with the use of any Content on the Firstrade Services before making any decisions based on such Content. You agree not to hold Firstrade or the Service and Information Providers liable for any possible claim for damages arising from any decision you make based on information made available to you through the Firstrade Services.

Firstrade does not prepare, edit, or endorse Content from Service and Information Providers. Firstrade does not guarantee its accuracy, timeliness, completeness or usefulness, and is not responsible or liable for any content, advertising, products, or other materials on or available from third party sites. Use of the Content from Service and Information Providers is at your own risk. In the event of disputes or discrepancies, the English website content supersedes all other languages.

According to the rules and regulations applicable to exchanges and Service and Information Providers, quotes may be delayed twenty (20) minutes or longer. Neither Firstrade nor the Service and Information Providers make any representations, warranties or other guarantees as to the accuracy or timeliness of any price quotes. Neither Firstrade nor the Service and Information Providers make any representations, warranties or other guarantees as to the present or future value or suitability of any sale, trade or other transaction involving any particular security or any other investment.

Hyperlinks

Firstrade may make available links from the Firstrade Services to other, third party sites or electronic services providers that are not affiliated with Firstrade. Firstrade does not control these other sites or services, and Firstrade makes no representations or endorsements whatsoever concerning those sites or services. The fact that Firstrade has provided links to other web sites or references to other products, services or publications does not imply the endorsement, approval, authorization, sponsorship, or affiliation with respect to such web sites, products, services or publications by Firstrade, its agents or its affiliates. There are risks in using any information, software, service or product found on the Internet, and Firstrade cautions you to make sure you understand these risks before retrieving, using, relying upon, or purchasing anything via the Internet. You agree that under no circumstances will you hold Firstrade liable for any loss or damage caused by use of or reliance on any content, goods or services available on other third party sites.

System Reliability

System response and access times may vary due to market conditions, system performance, and other factors. High volumes of trading and volatility may result in executions at prices significantly away from the price quoted or displayed at the time of order entry.

Firstrade maintains sophisticated systems and employs experienced personnel to receive and process your transactions over the Internet. Information processing and communications systems, both our own and those of third parties, are subject to occasional congestion, technological problems, or in extreme cases, outages. Beyond our proprietary systems, third party providers include market centers that execute orders and quote vendors. Failure of a critical system for a significant period of time could limit our ability to process transactions in a timely and accurate manner.

Trademarks and Copyrights

Certain names, graphics, logos, icons, designs, words, titles or phrases on the Firstrade Services may constitute registered trade names, trademarks, service marks, or copyrighted material of Firstrade or other entities. The display of the above on pages of the Firstrade Services does not imply that a license of any kind has been granted. Any unauthorized downloading, re-transmission or other copying or modification of the above and/or the contents herein may be a violation of the law and could subject those engaging in such activities to legal action.

Revisions and Relation to other Agreements or Disclosures

Firstrade may revise these Terms and Conditions at any time, and you agree to be bound by future revisions. It is your responsibility to visit the link at the bottom of the Firstrade.com home page periodically to review the most current terms and conditions. If you have an account with Firstrade, your customer relationship with Firstrade is also governed by your account agreements. If there is any conflict between the Terms and Conditions and your account agreements, then your account agreements will govern. Firstrade may also offer other services from time to time that are governed by different or additional terms and conditions. Firstrade Services are subject to any disclosures or disclaimers found within the Firstrade Services.

Usage License

Firstrade grants you a single, non-exclusive, non-transferable and limited personal license to access and use the Firstrade Services. This license is conditioned on your continued compliance with these Terms and Conditions.

Market Information

The Firstrade Services may make available to you a broad range of financial information that we obtain from Third Party Service Providers. This includes, but is not limited to, financial market data, quotes, news, analyst opinions, and research reports. Collectively, we refer to this as “Market Information.” Firstrade does not endorse or approve Market Information, and we make it available to you only as a service and convenience. Firstrade and our Third Party Service Providers do not (1) guarantee the accuracy, timeliness, completeness or correct sequencing of Market Information, or (2) warrant any results from your use or reliance on Market Information. Market Information may quickly become unreliable for various reasons including, for example, changes in market conditions or economic circumstances.

You may not copy, distribute or redistribute the data, including by caching, framing or similar means, or sell, resell, re-transmit or otherwise make the data retrieved from our services available in any manner to any third party. You may not store the data for the purposes of creating a historical database or historical data product. You may not use any of the data in connection with the issuance, trading, marketing or promotion of investment products (e.g., derivatives, structured products, investment funds, investment portfolios, etc. where the price, return and/or performance of the investment product is based on or related to the data) without a separate written agreement with us, the information service provider or third party, as the case may be, that has ownership rights to the data (e.g. Dow Jones & Company, Reuters, Thomson, etc.).

No Investment Advice or Recommendations

The Firstrade Services and content (including Market Information) are for information, education, and entertainment purposes only. Although the Firstrade Services may provide information relating to investment approaches and opportunities to buy or sell securities, you should not construe any Market Information, features, tools or other content available through any Firstrade Service as legal, tax, investment, financial or other advice. Nothing contained in any Firstrade Service or any other content on our web site constitutes a solicitation, recommendation, endorsement, or offer by Firstrade or a Third Party Service Provider to buy or sell any securities or other financial instruments.

You alone assume the sole responsibility of evaluating the merits and risks associated with the use of any Firstrade Service before making any decisions based on Market Information or content contained in a Firstrade Service. In exchange for using the Firstrade Services, you agree not to hold Firstrade or any Third Party Service Provider liable for any possible claim for damages arising from any decision you make based on information made available to you through any Firstrade Service.

Disclaimer of Warranties; Limitation of Liability

THE FIRSTRADE SERVICES AND ALL CONTENT MADE AVAILABLE THROUGH THEM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEITHER FIRSTRADE, ITS EMPLOYEES, NOR ANY THIRD PARTY SERVICE PROVIDER MAKES ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, IN RESPECT OF THE FIRSTRADE SERVICES OR ANY INFORMATION, PROGRAMS, OR PRODUCTS OBTAINED FROM, THROUGH, OR IN CONNECTION WITH THEM.

YOU UNDERSTAND AND AGREE THAT FIRSTRADE, ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, AND THIRD PARTY SERVICE PROVIDERS WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTIES, UNDER ANY CIRCUMSTANCES, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, TRADING LOSSES, LOSS OF DATA, OR LOSS OF GOODWILL) THAT YOU MAY INCUR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE FIRSTRADE SERVICES, INCLUDING THE WEBSITE, MOBILE APPLICATION, MARKET INFORMATION, OR ANY OTHER CONTENT MADE AVAILABLE THROUGH THE FIRSTRADE SERVICES, EVEN IF FIRSTRADE OR ANY THIRD PARTY SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

FIRSTRADE AND ITS RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES SHALL NOT BE LIABLE BY REASON OF DELAYS OR INTERRUPTIONS OF THE FIRSTRADE SERVICES, OR FAILURES OF PERFORMANCE OF OUR SYSTEMS, REGARDLESS OF CAUSE, INCLUDING THOSE CAUSED BY GOVERNMENTAL OR REGULATORY ACTION, THE ACTION OF ANY EXCHANGE OR OTHER SELF-REGULATORY ORGANIZATION, OR THOSE CAUSED BY SOFTWARE OR HARDWARE MALFUNCTIONS.

Indemnification

You agree to indemnify, defend, and hold harmless Firstrade and the Third Party Service Providers, and the respective officers, directors, agents, partners, employees, licensors, distributors, and representatives of each, from and against any and all claims, demands, actions, causes of action, suits, proceedings, losses, damages, costs, and expenses (including reasonable attorneys' fees) arising from or relating to: (i) your access to, use of, or interaction with the Firstrade Services or any content made available through them (including, without limitation, content provided by Third Party Service Providers); (ii) any act, error, or omission by you or any person using your account; (iii) your violation of these Terms and Conditions or any applicable law, rule, or regulation; or (iv) your infringement of any intellectual property, privacy, or other right of any third party. If you authorize or allow any third party to access the Firstrade Services using your credentials, you will be solely responsible for, and will indemnify Firstrade against, any loss or damage arising from such access or use.

Security of Data Transmission and Storage

Electronic communications (including wired and wireless) through the Firstrade Services may not be encrypted. You acknowledge that there is a risk that data, including e-mail, electronic and wireless communications and personal data, may be accessed by unauthorized third parties when communicated between you and Firstrade or between you and other parties.

Communications and Recording Consent

By using the Firstrade Services, you consent to any form of recording and retention of any communication, information, and data exchanged between you and Firstrade or its representatives or agents, whether in person, by telephone, or through electronic means, for purposes including but not limited to verification, quality assurance, training, and recordkeeping. You also acknowledge that certain communications from Firstrade — including service announcements and administrative messages — are considered part of the Firstrade Services and that you may not be able to opt out of receiving them.

Privacy Policy and Data Processing

Your use of the Firstrade Services is also governed by the Firstrade Privacy Policy, which is incorporated by reference into these Terms and Conditions. By using the Firstrade Services, you consent to the collection, use, transfer, and processing of your personal data by Firstrade and its affiliates and service providers, in accordance with the Privacy Policy and applicable law. Please refer to the Firstrade Privacy Policy for further information regarding how your personal data is handled.

Monitoring by Firstrade

Firstrade, its affiliates and agents are entitled, but not obligated, to review or retain your communications. We and our Third Party Service Providers may monitor your communications to evaluate the quality of service you receive.

Restrictions of Use

Except as otherwise permitted by Firstrade, no materials from the Firstrade Services or any site owned, operated, licensed or controlled by Firstrade may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. You may download material displayed on the Firstrade Services for non-commercial, personal use. If you do so, you agree to retain all copyright and other proprietary notices contained on the materials.

Prohibited Conduct

In connection with your use of the Firstrade Services, you agree that you will not:

  • violate any applicable local, state, national, or international law, including, without limitation, regulations promulgated by the U.S. Securities and Exchange Commission, the rules of any national or other securities exchange, and any regulations having the force of law;
  • impersonate any person or entity, including any Firstrade or Third Party Service Provider employee, agent, or representative, or falsely state or otherwise misrepresent your affiliation with any person or entity;
  • upload, post, transmit, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
  • interfere with or disrupt the Firstrade Services, the servers or networks connected to the Firstrade Services, or any related security or access controls, or disobey any requirements, procedures, policies, or regulations of networks connected to the Firstrade Services;
  • attempt to gain unauthorized access to any portion of the Firstrade Services, other accounts, computer systems, or networks connected to the Firstrade Services, whether through hacking, password mining, scraping, or any other means;
  • use any robot, spider, scraper, data-mining tool, or other automated means to access the Firstrade Services for any purpose without our express written permission;
  • collect or store personal data about other users of the Firstrade Services;
  • transmit any material that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party;
  • upload, post, or transmit unsolicited commercial email or “SPAM,” or promote any site or service through abusive marketing practices; or
  • use the Firstrade Services in any unlawful manner, for any unlawful purpose, or in violation of these Terms and Conditions.

Firstrade reserves the right, in its sole discretion, to investigate any suspected violation of the foregoing and to take any action it deems appropriate, including suspending or terminating your access to the Firstrade Services and reporting suspected unlawful conduct to law enforcement authorities.

Modification, Suspension and Termination of Services

Firstrade reserves the right, in its sole discretion and with or without notice, to modify, restrict, suspend, or discontinue (temporarily or permanently) the Firstrade Services, or any feature, tool, or content offered through them, for any reason. You agree that Firstrade will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Firstrade Services. Firstrade also reserves the right to deny or restrict your access to the Firstrade Services in the event of any violation of these Terms and Conditions or for any other reason Firstrade deems appropriate. Please keep in mind that extended periods of inactivity may also result in cancellation of your enrollment in a Firstrade Service.

U.S. Jurisdiction and Access from Outside the United States

The Firstrade Services are controlled, operated, and administered by Firstrade from offices within the United States. Firstrade makes no representation that any materials, content, or features available through the Firstrade Services are appropriate or available for use in locations outside the United States. Access to the Firstrade Services from any jurisdiction in which their contents are illegal is prohibited. If you access the Firstrade Services from a location outside the United States, you do so on your own initiative and are solely responsible for compliance with all applicable local laws, including but not limited to laws governing securities transactions, taxation, electronic communications, and data protection. The Firstrade Services do not constitute an offer or solicitation in any jurisdiction where Firstrade is not authorized to conduct securities transactions. Firstrade reserves the right, in its sole discretion, to limit or deny access to the Firstrade Services from any geographic location.

Mutual Funds

More complete information about a fund, including management fees and expenses, is contained in the prospectus, which can be obtained by contacting Firstrade. Please read the fund prospectus carefully before you invest or send money. Funds are neither FDIC-insured nor guaranteed by the U.S. Government and are not deposits or obligations of, or guaranteed by, any bank and are subject to market risk. This risk may cause the market value of the shares to fluctuate and the price you receive when the shares are sold may be higher or lower than when originally purchased.

Governing Law, Venue, and Severability

These Terms and Conditions, and any dispute arising out of or relating to them or your use of the Firstrade Services, shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to its conflicts-of-laws principles. Subject to any binding arbitration provision in your customer or account agreements with Firstrade, any legal action or proceeding arising out of or relating to these Terms and Conditions shall be brought exclusively in the state or federal courts located in New York County, New York, and you irrevocably consent to the personal jurisdiction and venue of such courts. If any provision of these Terms and Conditions is held to be invalid, void, or unenforceable by any court or regulatory authority of competent jurisdiction, that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity or enforceability of the remaining provisions.

FINRA BrokerCheck Hotline

The Financial Industry Regulatory Authority, Inc. offers investors information and education through the FINRA BrokerCheck Hotline at 800-289-9999 and FINRA website at www.finra.org. Available is an investor brochure that includes information describing FINRA BrokerCheck.

For answers to other questions regarding the Disclaimer & Legal Information page, please email service@firstrade.com or call 1-800-869-8800.