Terms of Service

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1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Merrill Lynch, Pierce, Fenner & Smith Incorporated ("Merrill Calculator," "we," "us," or "our") concerning your access to and use of our website, trading platforms, and services.

By accessing or using our services, you agree that you have read, understood, and agree to be bound by these Terms. If you do not agree with these Terms, you may not access or use our services.

2. Eligibility

To use our services, you must:

• Be at least 18 years of age (or the age of majority in your jurisdiction)
• Have the legal capacity to enter into a binding contract
• Be a resident of United States or another jurisdiction where our services are available
• Not be prohibited from using our services under applicable laws
• Provide accurate and complete information during registration

3. Account Registration and Security

3.1 Account Creation

To access certain features of our services, you must create an account. During registration, you agree to:

• Provide accurate, current, and complete information
• Maintain and update your information to keep it accurate and complete
• Maintain the security of your account credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

3.2 Account Verification

We may require you to verify your identity by providing government-issued identification, proof of address, and other documentation as required by applicable laws and regulations, including anti-money laundering (AML) and know-your-client (KYC) requirements.

4. Trading Services

4.1 Available Securities

Our platform provides access to trading in various financial instruments, including but not limited to:

• Common stocks and preferred shares
• Exchange-traded funds (ETFs)
• Options contracts
• Mutual funds
• Fixed income securities
• Cryptocurrencies (where available)
• Foreign exchange (Forex)

4.2 Order Execution

We will use reasonable efforts to execute your orders promptly and in accordance with the terms of your instructions. However, we do not guarantee that any order will be executed at a specific price or time.

4.3 Market Data

Market data provided through our platform is for informational purposes only and may be delayed. Real-time data may require additional fees.

5. Fees and Charges

You agree to pay all applicable fees and charges associated with your use of our services, including:

• Trading commissions (currently 0.25% per trade)
• Account maintenance fees
• Data subscription fees
• Transfer and withdrawal fees
• Foreign exchange conversion fees
• Regulatory fees as required

We reserve the right to modify our fee structure at any time with prior notice to you.

6. Risk Disclosure

6.1 General Risks

You acknowledge and accept the following risks:

• Market risk: The value of investments can go down as well as up
• Liquidity risk: You may not be able to sell securities quickly or at a favorable price
• Currency risk: Exchange rate fluctuations can affect the value of foreign investments
• Interest rate risk: Changes in interest rates can affect bond prices
• Credit risk: Issuers may default on their obligations

6.2 Cryptocurrency Risks

Cryptocurrency trading involves additional risks, including:

• Extreme price volatility
• Limited regulatory oversight
• Potential for total loss of investment
• Security vulnerabilities and hacking risks
• Technological risks and potential for system failures

7. Margin Trading and Leverage

If you engage in margin trading, you acknowledge that:

• You can lose more than your initial investment
• We may liquidate your positions without prior notice if your account falls below required margin levels
• You are responsible for monitoring your account and maintaining adequate margin
• Interest will be charged on margin loans

8. Prohibited Activities

You agree not to:

• Use our services for any illegal purpose
• Engage in market manipulation or fraudulent trading practices
• Violate any applicable securities laws or regulations
• Use automated trading systems without our prior approval
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt the operation of our platform
• Provide false or misleading information
• Use our services to launder money or finance terrorism

9. Intellectual Property

All content, trademarks, logos, and intellectual property on our platform are owned by or licensed to Merrill Calculator. You may not use, copy, reproduce, or distribute any content without our express written permission.

10. Privacy and Data Protection

Your use of our services is subject to our Privacy Policy, which describes how we collect, use, and protect your personal information. By using our services, you consent to our collection and use of your information as described in the Privacy Policy.

11. Disclaimers and Limitations of Liability

11.1 No Investment Advice

We do not provide investment advice, and nothing on our platform should be construed as a recommendation to buy or sell any security. You are solely responsible for your investment decisions.

11.2 Platform Availability

We do not guarantee that our platform will be available at all times or that it will be error-free. We are not liable for any losses resulting from platform downtime or technical issues.

11.3 Limitation of Liability

To the maximum extent permitted by law, Merrill Calculator shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly.

12. Indemnification

You agree to indemnify and hold harmless Merrill Calculator, its officers, directors, employees, and agents from any claims, losses, damages, liabilities, and expenses arising from your use of our services or violation of these Terms.

13. Termination

We may suspend or terminate your account at any time for any reason, including:

• Violation of these Terms
• Suspected fraudulent or illegal activity
• Failure to maintain required margin levels
• Request from regulatory authorities

You may close your account at any time by contacting us. Upon termination, you must settle all outstanding obligations.

14. Regulatory Information

Merrill Calculator is:

• Regulated by the Investment Industry Regulatory Organization of United States (FINRA)
• A member of the American Investor Protection Fund (SIPC)
• Required to comply with applicable securities laws and regulations in all jurisdictions where we operate

15. Dispute Resolution

15.1 Governing Law

These Terms are governed by the laws of the Province of Ontario and the federal laws of United States applicable therein.

15.2 Arbitration

Any dispute arising from these Terms shall be resolved through binding arbitration in accordance with the rules of the ADR Institute of United States.

16. Amendments

We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the new Terms on our website and updating the "Last Updated" date. Your continued use of our services after such changes constitutes acceptance of the modified Terms.

17. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

18. Contact Information

If you have any questions about these Terms, please contact us:

Merrill Calculator Legal Department
Bank of America Tower
One Bryant Park
New York, NY 10036
United States

Email: legal@questrade.com
Phone: 1-877-653-4732
Business Hours: Monday - Friday, 8:00 AM - 8:00 PM EST

19. Acknowledgment

By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy. You also acknowledge that trading involves substantial risk and that you should only trade with money you can afford to lose.