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Re: DragonBear post# 98610

Thursday, 11/05/2015 3:03:45 PM

Thursday, November 05, 2015 3:03:45 PM

Post# of 221942

It's still unclear what liability a TDA would have, even if they admitted to telling their clients the divy was safe. My bets are on TDA would say it was up to the client to get a legal opinion


Likely. TDA protected under their Limitation of Liability terms.

As stated in the TD Ameritrade Terms and Conditions, your account(s) with TD Ameritrade are self-directed. You are solely responsible for any and all orders placed in your account(s). TD Ameritrade does not provide investment advice, therefore, any investment decision you make or strategy that you utilize is done so at your own sole discretion and risk.



c. Limitation of Liability.
The Services are provided “as is” and “as available.” You, your affiliates, the Third-Party Providers and their respective licensors, employees, distributors, or agents make no representations with respect to the system and expressly disclaim all warranties. Subject to Applicable Rules, in no event will you, your affiliates, the Third-Party Providers or their respective licensors, employees, distributors, or agents be liable to me or any third-party for any direct, indirect, incidental, special, punitive, or consequential losses or damages of any kind with respect to the Services.

I am solely responsible for my investment research, and neither you nor any Third-Party Provider make any representations, warranties, or other guarantees as to the accuracy or timeliness of any market data; nor do you or any Third-Party Provider 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.




But was the "dividend is safe" considered an individualized recommendation or a generalization... and was it clearly identified as such?

a. Self-Directed Account.
I understand that Accounts opened with you are self-directed. I am responsible for all purchase and sell orders, decisions
to continue with an investment strategy or to hold an investment, and instructions placed in my Account. Unless you provide advice to me that is clearly identified by you as an individualized recommendation for me, any investment decision that I make or investment strategy that I utilize, including the decision to hold any and all of the securities or derivatives in the Account, is based on my own investment decisions or those of my agent and is at my own risk. All investments involve risk, and unless you provide individualized recommendations to me, I or my agent are responsible for determining the suitability of any trade, investment, investment strategy, and risk associated with my investments. TD Ameritrade Content or Third-Party Content I access through you does not constitute a recommendation to invest in any security or derivative, or to utilize any investment strategy.

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