TradeHawk EULA

Last modified: March 30th, 2020

By clicking on "I agree" or activating the front-end stock and options trading platform known as TradeHawk ("Platform"), you agree to these Terms and Conditions (the "Terms") and the Tradier Privacy Policy Changes may be made to the Terms at any time without notice. Accordingly, you also agree to review these Terms regularly and your continued access or use of the Platform means that you agree to any changes to these Terms. If you do not agree to these Terms and the Privacy Statement, then do not use the Platform.

1. TERMS – GENERAL

This Platform has been issued for and on behalf of customers of Tradier Inc. and its affiliates (“Tradier”). The information contained herein is not to be construed as an offer to sell or the solicitation of an offer to buy any financial instruments, where the term “financial instruments” generally refer to tradeable monetary contracts between parties including, but not limited to stocks, bonds, options, futures, and options on futures.

The information contained in this Platform has been obtained from sources believed to be reliable but is not necessarily all-inclusive and is not guaranteed as to accuracy. The risk of trading stocks and options can be substantial and each investor must consider whether this is a suitable investment for him/her. Past performance is not necessarily indicative of future results. Persons acting on any information contained in this Platform are responsible for their own actions.

The services provided by Tradier may not be available in all jurisdictions. It is possible that Tradier may be prevented from opening and maintaining your subscription based on your country of residence. If in doubt, please contact an account representative.

Any special rules for the use of other items provided on the Platform may be included elsewhere within the Platform and are incorporated into these Terms by reference. If you are a customer of Tradier, you may have additional levels of access to the Platform. Your relationship with Tradier is governed by these Terms, as well as additional agreements or disclosures that Tradier requests that you execute.

2. GRANT OF NON-EXCLUSIVE LICENSE AND USE OF TRADIER MATIERALS

  1. Platform License. Subject to your compliance with these Terms, Tradier grants you a personal, limited, revocable, non-exclusive, non-transferable license to access and use the Platform and related components, which may include associated media, printed materials, and online or electronic documentation, as well as related and accompanying documentation (collectively, the “Tradier Materials”) within the United States of America, solely for your personal, non-commercial use (the “License”). You may also use information and data made available via the Platform cached in your local disk drive solely in support of your use of the Platform pursuant to these Terms. The License, which is issued to a designated user, enables such designated user to install and use the Platform on computers or desktops operating without being shared with any other user. Each additional user of the Platform requires an additional License. You may not modify or create derivative copies of any Tradier Materials.
  2. Reservation of rights. You acknowledge and agree that, as between the parties, the Tradier Materials (including, without limitation, the content, layout, functions, design, appearance, trademarks, service marks, copyrights, patents, and other intellectual property comprising the Tradier Materials) are the proprietary intellectual property of Tradier, whether or not such Tradier Materials are trademarked, copyrighted, or patented. You further agree that the original and any copies of the Tradier Materials are and shall at all times be the sole and exclusive property of Tradier and you will not knowingly take any action in contravention of this fact. These Terms does not transfer any ownership, right, title, or interest in the Tradier Materials or any part thereof beyond the license provided hereunder, and you expressly disclaim and waive any and all claims to any ownership interest in any such information or materials, including without limitation, any Tradier Materials that you download, print, save, or incorporate into other materials. Tradier, its affiliates and/or its licensors reserve all right, title and interest in and to the Tradier Materials, including all related intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein.
  3. Restrictions. You shall not remove or alter any copyright notice or other proprietary or restrictive notice contained in the Tradier Materials. You shall not reverse engineer, decompile, disassemble or otherwise attempt to discern the source code of the components of the Tradier Materials nor may you reproduce or “mirror” all or any portions of the components of the Tradier Materials. You may not use the Tradier for any purpose that is unlawful or prohibited by these Terms. You may not use the Tradier Materials in any manner that could damage, disable, overburden, or impair the Platform, or interfere with any other party’s use and enjoyment of the Platform. You may not attempt to gain unauthorized access to the Platform through hacking, password mining, or any other means. Tradier reserves the right, in its sole discretion, to terminate your access to the Platform or any portion thereof, at any time, for any reason or for no reason at all, without prior notice or any notice. You may not rent, lease, lend, or in any way distribute or transfer any rights in these Terms or the Tradier Materials to third parties without Tradier’s written approval and subject to written agreement by the recipient of the terms of these Terms.

3. CONTENT

The Tradier Materials may include materials or information (collectively, “Content”), some of which is supplied by companies that are not affiliated with Tradier (“Information Providers”).

Tradier does not prepare, edit, or endorse Content from Information Providers. Tradier 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 applications. Use of the Content from Information Providers is at your own risk. Tradier and/or the Information Providers may discontinue or modify any category of Content at any time. You release and agree to indemnify and hold harmless Tradier and the Information Providers for any loss or damages that may result.

Tradier makes no claims that the Content is appropriate or may be downloaded outside of the United States of America. Access to the Content may not be legal by certain persons or in certain countries. If you access the Platform from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

Content posted on the App is published as of its stated date or, if no date is stated, the date of first posting. Neither Tradier nor the Information Providers have, nor have undertaken, any duty to update any such information.

4. THIRD PARTY WEBSITES AND RESOURCES

The Platform may include links to third party or external websites or resources over which Tradier has no control. These links are provided solely as a convenience to users and should not be construed as an endorsement by Tradier of content on those third party or external websites or resources. Your access and use of such websites or resources is solely at your own risk and may be subject to third party terms and conditions. Tradier makes no representations or warranties with respect to the content, ownership, or legality of any such linked third party website.

5. YOUR ACCOUNT

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Tradier reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

6. USER CONTENT

Access to chat rooms or other forums (“Forums”) may be provided through the Platform. All communications or other materials made at or through the Forums are public (“User Content”). Neither the Tradier nor the Information Providers have any obligation to screen, review, approve or endorse any User Content obtained through the Forums. Tradier does endorse or recommend any User Content and nothing posted in a Forum shall be construed as a recommendation by Tradier or Information Providers to buy or sell securities. Reliance on the User Content obtained through the Forums is at your own risk.

By displaying, publishing, or otherwise posting any User Content on or through the Platform, you hereby grant to Tradier a perpetual, irrevocable, non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, create derivative works, reproduce, distribute, sublicense, and otherwise exploit, in whole or in part, such User Content without the requirement to make payment to you or to any third party or the need to seek any third party permission.

You represent and warrant that you own the User Content submitted, displayed, published or posted by you on the Platform and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and Tradier’s use of the content, does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other intellectual property rights or other rights of any person or entity.

You consent to, and Tradier reserves the right to, (a) record and/or retain the dialogue, User Content, or data exchanged on the Platform; (b) investigate an allegation that User Content does not comply with these Terms and determine in its sole discretion to remove or request the removal of the Communication; (c) remove User Content which is abusive, illegal, disruptive, or outdated, or that otherwise fails to comply with these Terms; (d) terminate a user’s access to any or all parts of the Platform upon any breach of these Terms or the law; (e) monitor, edit, or disclose any User Content; or (f) edit or delete any User Content posted on the Platform, regardless of whether such User Content violates these Terms.

The personal information you submit to Tradier is governed by the Privacy Statement. To the extent there is an inconsistency between the Terms and the Privacy Statement, the Privacy Statement will govern.

7. PRIVACY AND SECURITY

Your expectations of privacy are important. The Privacy Statement explains how Tradier may collect personal information from you such as a unique device identifier, IP address and general information about your computer or mobile device (“Device”); and may employ other technologies to provide functionality for the Platform. By installing the Platform on your device, you are consenting to the transmission of data related to your use of the Platform to servers in the United States or other territories as applicable. Please carefully read the separate Privacy Statement.

Use of the Platform involves the electronic transmission of data and information to and from your Device across wireless and other networks. Tradier does not operate or control the wireless and other networks used to access your account, and Tradier is not responsible or liable for the privacy and security of your wireless data and information transmissions. You are responsible for confirming the privacy and security practices of the networks you use and to only use a reputable wireless service provider or a secure (not open) WiFi access point which is operated by a person or entity you have reason to trust.

You are responsible for maintaining the security of your Device from unauthorized access. You are responsible for notifying Tradier of any actual or attempted unauthorized access of your Device or account and cooperating with any investigation by Tradier into such access or attempt.

8. FEEDBACK

Any ideas, suggestions, enhancement requests, feedback, recommendations, know-how, or concepts (“Feedback”) that are offered or communicated to Tradier through the Platform or otherwise are the property of Tradier, and may be treated by Tradier as non-confidential information. Tradier shall have the unrestricted right to use and disclose such Feedback for any purpose without compensation or obligation to any party.

9. TERMINATION WITHOUT PREJUDICE TO ANY OTHER RIGHTS

Tradier may terminate your License and your access to the Platform, immediately and without prior notice, if you fail to comply with any term or condition herein. In such event, you agree to return or to destroy all Tradier Materials in your possession the upon termination of the License.

10. DISCLAIMERS OF WARRANTIES AND LIABILITIES.

  1. TRADIER, ITS EMPLOYEES, AGENTS, REPRESENTATIVES AND ASSOCIATES DO NOT REPRESENT OR IMPLY ANY PERFORMANCE LEVEL, RESULTS OR GUARANTEES IN RELATION TO THE OPERATION OF THE TRADIER MATERIALS AND TRADIER DOES NOT MAKE ANY CLAIM THAT THE USE OF THE TRADIER MATERIALS WILL RESULT IN A PARTICULAR PROFIT OR PREVENT ANY LOSS FOR A USER.
  2. TRADIER AND ITS EMPLOYEES, AGENTS, REPRESENTATIVES AND ASSOCIATES DO NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION OR ANALYSIS SET FORTH IN THE TRADIER MATERIALS. THERE MAY BE OMISSIONS OR INACCURACIES IN THE TRADIER MATERIALS. TO THE FULLEST EXTENT PERMITTED BY LAW, TRADIER SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, COMPLETENESS, TIMELINESS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OF THE TRADIER MATERIALS AND MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATION OR WARRANTY REGARDING THE INFORMATION CONTAINED HEREIN. TRADIER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGES ARISING OUT OF, OR IN CONNECTION WITH, YOUR USE OF THE TRADIER MATERIALS.
  3. IN NO EVENT SHALL TRADIER BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, OR LOSS OF SAVINGS), OR ANY OTHER DAMAGES ARISING, IN ANY WAY, OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO UTILIZE THE TRADIER MATERIALS, EVEN IF TRADIER SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSIONS OF INCIDENTAL AND CONSEQUENTIAL DAMAGES MAY NOT APPLY TO YOU, BUT SHALL APPLY, IN ANY EVENT, TO THE MAXIMUM EXTENT POSSIBLE.
  4. YOUR ABILITY TO ACCESS THE PLATFORM MAY, FROM TIME TO TIME, BE DELAYED AND/OR INTERRUPTED DUE TO SCHEDULED AND/OR UNSCHEDULED CAUSES. THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTY OF ANY KIND. NO WARRANTY IS MADE THAT THE FUNCTIONS OR SERVICES PERFORMED BY YOU IN CONNECTION WITH THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE PLATFORM WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT USE OF THE PLATFORM IS AT ITS OWN RISK. TRADIER WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT COULD RESULT FROM INTERCEPTION BY THIRD PARTIES OF ANY INFORMATION MADE AVAILABLE TO YOU, OR PROVIDED TO TRADIER BY YOU VIA THE PLATFORM.
  5. TRADIER DOES NOT WARRANT OR GUARANTEE THAT ANY INFORMATION AVAILABLE ON OR THROUGH THE PLATFORM WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING, CONTAMINATING OR DESTRUCTIVE PROPERTIES. IT IS YOUR SOLE RESPONSIBILITY TO ISOLATE SOFTWARE AND INFORMATION, EXECUTE ANTI-CONTAMINATION SOFTWARE, AND OTHERWISE TAKE STEPS SO THAT SOFTWARE OR INFORMATION, IF CONTAMINATED OR INFECTED, WILL NOT DAMAGE YOUR INFORMATION OR SYSTEM.
  6. YOU EXPRESSLY AGREE TO INDEMNIFY AND HOLD TRADIER, AND ITS SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CORRESPONDENTS, CO-BRANDERS OR OTHER PARTNERS HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' AND EXPERTS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR INFORMATION, YOUR USE OF OR CONNECTION TO THE TRADIER MATERIALS, YOUR VIOLATION OF THESE TERMS, OR YOUR VIOLATION OF ANY RIGHTS OF ANY OTHER USER OR OTHER THIRD PARTY.

11. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TRADIER, ITS AFFILIATES OR ITS THIRD PARTY SUPPLIERS AND LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR TORT, CONTRACT OR ANY OTHER LIABILITY ARISING IN CONNECTION WITH THE USE OF THE APP, INCLUDING ANY COSTS OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF THESE TERMS OR THE USE OF OR INABILITY TO USE THE TRADIER MATERIALS OR THE FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF TRADIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, TRADIER’S (AND ITS AFFILIATES AND THIRD PARTY SUPPLIERS’ AND LICENSORS’) ENTIRE LIABILITY ARISING OUT OF THIS Terms SHALL BE LIMITED TO AND SHALL NOT EXCEED U.S. $300.00.

12. MONITORING USE

  1. Tradier reserves the right to monitor compliance with these Terms and to restrict the use of the Platform for non-compliance.
  2. Anti-Fraud Verifications. Tradier reserves the right (1) require you to provide legal documents in order to verify that you are a valid user of the Platform; and (2) cancel any order if Tradier reasonably believes that an order is fraudulent.

13. GOVERNING LAW; ENTIRE AGREEMENT

These Terms contains the entire agreement between the parties hereto. No verbal agreement, conversation, or representation between any officers, agents, or employees of the parties hereto, either before or after the execution of these Terms, shall affect or modify any of the terms or obligations herein contained. These Terms shall be governed by, and interpreted and construed in accordance with, the substantive laws of the State of New York, USA. Both parties hereby irrevocably submit any disputes under this Agreement to the jurisdiction of the state and Federal courts located in New York City, New York.

14. NOTICE AND TAKEDOWN PROCEDURES

If you believe any content accessible on or from the Platform infringes your copyright, you may request removal of those materials (or access to them) from the Platform by contacting Tradier at hello@tradier.com and providing the following information: (a) identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work; (b) identification of the content that you believe to be infringing and its location; (c) your name, address, telephone number, and email address; (d) a statement that you have a good faith belief that the complained of use of the work is not authorized by the copyright owner, its agent, or the law; (e) a statement that the information you have supplied is accurate, and indicating that “under penalty of perjury”, you are the copyright owner or authorized representative; and (f) a signature or the electronic equivalent from the copyright holder or authorized representative.

15. TRADEHAWK TOOLS AND FUNCTIONALITY DISCLAIMER

The Platform provides online tools and functionality (collectively, “tools”) to you for informational and educational purposes only. Tradier does not offer investment, legal or tax advice of any kind, and the data and analysis displayed in the Platform does not constitute investment, legal or tax advice and should not be interpreted as such. Using the data and analysis contained in the tools for reasons other than the informational and educational purposes intended is at the user’s own risk. Tradier is not responsible for any losses that may occur from transactions effected based upon information or analysis contained in the TradeHawk system. Specific trading ideas or strategies discussed in the tools are entirely illustrative and do not constitute a solicitation of a transaction (or transactions) or a recommendation to execute a particular transaction or implement a particular trading strategy. To the extent that you make use of any “Send Button” and/or “BUY/SELL Button” and any feature or links to create a ticket or order that are provided within the TradeHawk system, you are solely responsible for the applicable trading or investment decision. Also, if a particular option transaction is beyond the authorization level applicable to your account with Tradier Brokerage, Inc. (“Tradier Brokerage”), such transaction may be automatically rejected. While Tradier strives to provide accurate and reliable data at all times, errors and omissions do occur and relying on such information involves risks that you should understand. Please remember, trading options involves risk and may not be suitable for all investors. In addition, electronic trading poses unique risks to investors. System response time and access times may vary due to market conditions, system performance and other factors, and trading may be interrupted due to market conditions, system limitations, failures or disruptions or other factors beyond the control of Tradier. Investors must read and understand the OCC’s Characteristics and Risks of Standardized Options. A copy of the document is available on The Options Clearing website, www.theocc.com, and can also be obtained by contacting Tradier’s Customer Service Department at (980) 272-3880 or brokerage.tradier.com.

16. STOP ORDERS, STOCK GUARDS AND VOLATILE MARKET CONDITIONS DISCLOSURE

You should consider the following points before entering a stop order during volatile market conditions:

  1. Stop prices are not guaranteed execution prices.
    A “stop order” becomes a “market order” when the stop price is reached and firms are required to execute a market order fully and promptly at the current market price. Therefore, the price at which a stop order ultimately is executed may be very different from the investor’s “stop price”. Accordingly, while a customer may receive a prompt execution of a stop order that becomes a market order, during volatile market conditions, the execution may be at a significantly different price from the stop price if the market is moving rapidly.
  2. Stop orders may be triggered by a short-lived, dramatic price change.
    Customers should be informed that, during periods of volatile market conditions, the price of a stock can move significantly in a short period of time and trigger an execution of a stop order (and the stock may later resume trading at its prior price level). Investors should understand that if their stop order is triggered under these circumstances, they may sell at an undesirable price even though the price of the stock may stabilize during the same trading day or short time after the stop’s execution.
  3. Sell stop orders may exacerbate price declines during times of extreme volatility.
    The activation of sell stop orders may add downward price pressure on a security. If triggered during a precipitous price decline, a sell stop order also is more likely to result in an execution well below the stop price.
  4. Placing a “limit price” on a stop order may help manage some of these risks.
    A stop order with a “limit price” (a “stop loss limit” order) becomes a limit order when the stock reaches the “stop price”. A “limit order” is an order to buy or sell a security for an amount no worse than a specific price set by the user (i.e., the “limit price”). By using a stop limit order instead of a regular stop order, a customer will receive additional certainty with respect to the price the customer receives for the security. However, investors should be aware that, because brokers cannot sell for a price that is lower (or buy for a price that is higher) than the limit price selected, there is a possibility that the order will NOT be executed at all. Customers should be encouraged to use limit orders in cases where they prioritize achieving a desired target price more than getting an immediate execution, irrespective of price.
  5. Stock Guards do NOT guarantee a cancellation of an open order.
    A stock guard or bumper within the Platform is a feature that allows a customer to place an open order in the marketplace with an upper limit, lower limit, or both an upper and lower limit on the underlying stock price. This feature creates an “active” zone beneath the upper limit, above the lower limit, or between the upper and lower limit prices. When the bid of a stock exceeds the upper limit of the stock price, if a customer has this feature set, then the order will attempt to cancel itself. When the ask of a stock is lower than the lower limit (or stock guard price), if the customer has this feature set, then the order will attempt to cancel itself. Please be advised that in fast moving or volatile market conditions, an execution can still occur despite having a stock guard or bumper activated. Additionally, please be aware that when a customer places any and all orders with stock guards or bumpers and exits the Platform, the stock guards or bumpers will NO LONGER be active and your orders will open in the marketplace WITHOUT the stock guards or bumpers on.
  6. Conditional or Strategy Orders.
    Conditional or strategy orders (triggers, brackets, and similar orders) and multi-tiered orders including but not limited to orders that create a trigger and/or one cancels other order. These orders are set within the Platform. Be advised that these order types have risks and in certain market conditions may not trigger or get filled. Furthermore, if you close the Platform or lose internet connection or any connection to Tradier Brokerage, these orders may disappear and NOT be active. By clicking “I agree” when you log into the Platform, you accept all responsibility with all conditional and strategy order types that you have generated and placed using the Platform.