Here's some of ST agreement.. Check out the last couple lines of the last paragraph,,
I couldn't find anywhere it referred to ST being reponsible to sell me real securities, No place that they express a warranty or any where at all where they say that we will validate or insure that what they put in our accounts is a marketable product.
And no where at all where it said they wouldn't sell me forged certs,, too bad... lol
ST agreement..Interesting...
29. Agreement to Arbitrate Controversies. You agree to arbitrate any
controversy between you and us (including any of our officers, directors,
employees, or agents) arising out of or relating in any way to our relationship,
your Account, any Account that you may cause to be opened with us in the
future, or any service provided by us, including but not limited to: (a)
transactions of any kind made on your behalf, through or with us; or (b) the
performance, construction, breach of this Agreement or any other agreement
between you and us. If you are not a resident of the United States at the time
a controversy subject to arbitration arises, you agree that any arbitration
hearing shall be held in St. Louis, Missouri; you consent to the personal
jurisdiction of all courts located in the State of Missouri for purposes of
enforcing this arbitration agreement and any arbitration award; and you agree
that any arbitration proceeding shall be conducted in the English language. If
any party unsuccessfully resists confirmation or enforcement of an
arbitration award rendered under this agreement, then all costs, attorneys’
fees, and expenses incurred by the other party or parties in confirming or
enforcing the award shall be fully assessed against and paid by the party
resisting confirmation or enforcement of the award.
30. Class Actions. No person shall bring a putative or certified class action to
arbitration, nor seek to enforce any pre-dispute arbitration agreement against any person who has initiated in court a putative class action; or who is a
member of a putative class until: (a) the class certification is denied; or (b)
the class is decertified; or (c) the customer is excluded from the class by the
court. Such forbearance to enforce an agreement to arbitrate shall not
constitute a waiver of any rights under this Agreement except to the extent
stated herein.
36. Losses Due to Extraordinary Events; Limitation of Liability. We shall not be
liable for loss caused directly or indirectly by war, strikes, natural disasters, terrorist
acts, government restrictions, exchange or market rulings, suspensions of trading,
computer or communications line failures, or delays in the transmission of orders
due to a breakdown or failure of market centers or transmission facilities or other
conditions beyond our reasonable control.
12. Order Routing and Payment for Order Flow. Consistent with the overriding
principle of best execution, we route orders for listed and over-the-counter equity
securities and options to market centers, including exchanges, securities dealers
who make markets over-the-counter, alternative trading systems/ECNs, and our
own trading desk. We take a number of factors into consideration in determining
where to route customers’ orders, including, the speed of execution, quality of
executions (price improvement relative to the national best bid offer (NBBO) in any
one market center), automatic execution guarantees, the availability of efficient and
reliable order handling capability, the liquidity offered by the market center, the level
of service provided, and the cost of executing orders. We may receive
remuneration from a market center, but remuneration is only a factor when all other
factors affecting best execution are equal. U.S. Securities and Exchange
Commission (SEC) rules require all brokerage firms to make publicly available
quarterly reports describing their order routing practices. These quarterly reports
describe how and where customer orders are routed and are available on our Web
site.
In addition to the quarterly reports above, SEC rules also require brokerage firms,
upon a customer’s request, to provide information regarding the identity of the
market center to which any customer order was routed in the six months prior to the
request; whether the order was a directed or non-directed order, and the time of the
transaction, if any, that resulted from such order. If you wish to receive the
foregoing routing information for any order(s) within the past six months, please
contact your local Scottrade branch. We receive remuneration (for example, in the
form of per-share arrangements, liquidity rebates, or profit sharing arrangements)
for directing customer orders to certain market centers for execution. The source
and amount of any compensation received by us in connection with your
transaction will be disclosed upon written request. You understand that any
remuneration that we may receive for routing orders through various market centers
is considered a reduction in our execution costs and will not accrue to your
Account. Scottrade routes certain orders to its own principal trading desk. Customer
orders are executed by matching customer orders, or by Scottrade selling or buying
from a customer. In these cases, Scottrade stands to share in 100% of whatever
profits or losses generated.
46. LIMITATION OF LIABILITY. YOU ACCEPT THAT OUR SYSTEM IS "AS IS,"
AND WITHOUT WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR USE, PURPOSE OR APPLICATION; TIMELINESS;
FREEDOM FROM INTERRUPTION; OR ANY IMPLIED WARRANTIES ARISING
FROM TRADE USAGE, COURSE OF DEALING OR COURSE OF
PERFORMANCE. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR
ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
LOSS OR DAMAGES, INCLUDING LOSS OF BUSINESS, PROFITS OR
GOODWILL. WE SHALL NOT BE LIABLE TO YOU BY REASON OF DELAYS OR
INTERRUPTIONS OF SERVICE OR TRANSMISSIONS, OR FAILURES OF
PERFORMANCE OF OUR SYSTEM, REGARDLESS OF CAUSE, INCLUDING,
BUT NOT LIMITED TO, THOSE CAUSED BY HARDWARE OR SOFTWARE
MALFUNCTION; GOVERNMENTAL, EXCHANGE OR OTHER REGULATORY
ACTION; ACTS OF GOD; WAR, TERRORISM, OR OUR INTENTIONAL ACTS.
YOU RECOGNIZE THAT THERE MAY BE DELAYS OR INTERRUPTIONS IN THE
USE OF OUR SYSTEM, INCLUDING, FOR EXAMPLE, THOSE CAUSED
INTENTIONALLY BY US FOR PURPOSES OF SERVICING THE SYSTEM. YOU
ACKNOWLEDGE THAT ALTERNATIVE TRADING ARRANGEMENTS ARE
AVAILABLE THROUGH US AS LISTED ABOVE BUT WE DO NOT GUARANTEE
THAT ALTERNATIVE TRADING ARRANGEMENTS WILL BE AVAILABLE AT A
PARTICULAR TIME AND WE WILL NOT BE HELD LIABLE FOR DELAYS IN
ENTERING AN ORDER. IN NO EVENT SHALL OUR LIABILITY, REGARDLESS
OF THE FORM OF ACTION AND DAMAGES SUFFERED BY YOU, EXCEED THE
COMMISSIONS AND FEES PAID BY YOU TO US IN THE MONTH IN WHICH
THE ACTION AROSE.
